What does "Common Use" really mean

[FreeWillie]

I'll be the proud owner of a significant piece of land in New Hampshire very soon.

I think I have this "common use" concept squared away but I want to check with the wisdom of the Great and Powerful NES.

As I understand it, common use means that I still control access to my property but I consent to allow access to the public should I not post restrictions. Is that right?

There are areas that I would have no problem with people visiting but at certain times of the year (hunting) I don't want them there. I want to be able to post the property. Under common use this shouldn't be a problem, right?

 

[MisterHappy]

Not sure if you mean "Current use". This saves a bit of $ on taxes.

Here's a linky:

http://www.nhspace.org/faq.shtml#1

 

[FreeWillie]

Not sure if you mean "Current use". This saves a bit of $ on taxes.

Here's a linky:

http://www.nhspace.org/faq.shtml#1

Listed as "common use" on the contract. I guess I'll have to clarify what they mean. Thank You for the linky. I like what I read.

 

[caboose84]

Common use may imply a shared access for another lot?

 

[Kevin_NH]

Context

Can you share the relevant paragraph? Be very careful in research the covenants and conditions on deeds, there can be some rather problematic restrictions, and deed restrictions can be difficult to remove.

The term "common use" was part of English law, but is no longer in common use and seems strange to appear in a contract. The term "current use" usually doesn't appear on deeds or in contracts, and just provides for a tax break, has nothing to do with posting or public access. There is another tax break called "recreational discount" which does require leaving land open to certain recreational use, this is an extra 20% discount over and above "current use".

There are areas that I would have no problem with people visiting but at certain times of the year (hunting) I don't want them there.

That's fine, and allowed with "current use", but you would not receive the "recreational discount", which requires allowing 6 specific recreational activities (including hunting, see RSA 79-A:4,II)

If you are sure you want to limit certain activities, check out New Hampshire Fish and Game's Operation Land Share, which will provide free signs and guidance.

 

[FreeWillie]

The realtor just got back to me. It should read "current use". The contract is being amended and sent to me. New Hampshire here I come. Thanks to all.

 

[caboose84]

A current use designation will stick with the property until it is removed- either by the seller or by whomever develops it in the future.

You do want to be clear if it is just current use or if it also has the additional recreational discount in place if you want to restrict access during hunting season.

Just as an FYI any motorized access (ATV or snowmobile trails) are a separate issue from current use- land under current use or the recreation discount is not open to motorized access unless specifically allowed by the landowner.

 

[FreeWillie]

A current use designation will stick with the property until it is removed- either by the seller or by whomever develops it in the future.

You do want to be clear if it is just current use or if it also has the additional recreational discount in place if you want to restrict access during hunting season.

Just as an FYI any motorized access (ATV or snowmobile trails) are a separate issue from current use- land under current use or the recreation discount is not open to motorized access unless specifically allowed by the landowner.

No ATV usage on the property but there are numerous walking trails along the stream that snakes through the property. It's mostly locals that use the trails, often picnicking on the banks of the stream. Some swim there and it is fished. It's a pretty good size stream. I don't want to deny access to those trails. They're really pretty. But I don't want people in there during hunting season. I'll reserve that right for myself and friends. It looks like that is easy to do under current use.

There is no "recreational" designation on the land at this time.

 

[caboose84]

No ATV usage on the property but there are numerous walking trails along the stream that snakes through the property. It's mostly locals that use the trails, often picnicking on the banks of the stream. Some swim there and it is fished. It's a pretty good size stream. I don't want to deny access to those trails. They're really pretty. But I don't want people in there during hunting season. I'll reserve that right for myself and friends. It looks like that is easy to do under current use.

There is no "recreational" designation on the land at this time.

As long as you don't have the recreational discount- you can pick and choose the access you permit. I'd check with locals to see what folks have been doing on the property- beyond fishing, picnicking and hiking- if anything.

It can become a bit sticky if neighbors have been hunting on a place for a long time and a new absentee owner comes in and throws people off of "their spots". Sadly fences and gates may not be respected.

 

[FreeWillie]

As long as you don't have the recreational discount- you can pick and choose the access you permit. I'd check with locals to see what folks have been doing on the property- beyond fishing, picnicking and hiking- if anything.

It can become a bit sticky if neighbors have been hunting on a place for a long time and a new absentee owner comes in and throws people off of "their spots". Sadly fences and gates may not be respected.

I'm going to homestead the land and retire there. I'm an easy to get along with kinda guy, as long as you don't abuse the situation. I have no intentions of running any locals off. Just restricting any new use. If there are any old timers that have been hunting it I'll be happy to let them continue to hunt there, just as long as as I get a nice venison roast out of the deal.

I hunt too ya know!

 

[Racenet]

Welcome to New Hampshire! You are going to love it here.

If I may ask, what area do you plan on calling home?

 

[FreeWillie]

The Grafton area. I have an offer on 45 acres of land there. There is still some negotiations to complete before the deal is done. If that falls through, I'm prepared to make an offer on land in Ackworth. I will buy land and start the homesteading in 2014. Come Hell or high water I will be settled in New Hampshire before the end of 2016. Got my plan and it's damn the torpedoes, full speed ahead.

 

[Racenet]

Both are nice areas. I wish you the best of luck on your purchase (which ever one you get). Once you get here, you will wonder what took you so long to do it.

 

[Brin747]

Welcome home!