New Hampshire’s abandoned property laws can get complicated pretty quickly. Depending on the type of property and its location, state law typically outlines the proper procedures involved with handling the abandoned property and, after a certain amount of time, when it can be disposed of.
Maybe you’re a landlord whose tenant left possessions behind, or maybe there’s a car parked along your street that hasn’t moved in ages. How should items like these be handled? And in addition, what happens to homes in New Hampshire that are unoccupied for extended periods?
It’s essential to understand what New Hampshire law says before taking abandoned property matters into your own hands. Jerry
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New Hampshire abandoned home law
Let’s get started with the basics of New Hampshire’s laws surrounding abandoned homes.
If you own a property in New Hampshire and don’t live there full-time, you don’t want to end up having to forfeit it because it’s been deemed abandoned or neglected. And, uncommon as they are, adverse possession claims aren’t something you want to let take you by surprise.
What qualifies as an abandoned home in New Hampshire?
How a property is deemed abandoned in New Hampshire can depend on how long it’s remained empty or unmaintained.
There are no statewide rules regarding how long it takes for an unoccupied home to be considered officially abandoned. However, New Hampshire law
allows a town, under certain circumstances, to purchase or rent real estate that’s been determined to have been abandoned or neglected. A local vote would determine the decision. When a property has sat empty long enough, it’s also possible that another citizen could legally claim ownership of it via what’s called adverse possession.
What is an adverse possession claim?
An adverse possession claim is a way a person can take possession of property away from its legal owner. In theory, it can help a neglected, abandoned property be improved by a more present, active owner. The requirements of an adverse possession claim vary from state to state.
If you owned a summer home in New Hampshire that you periodically visit, you probably wouldn’t have to worry much about an adverse possession claim. Thankfully, your use and occupation of the property would interfere with some of the requirements for adverse possession.
However, an inherited farmhouse that’s been empty and unvisited for years could be more vulnerable to an adverse possession claim. To understand why let’s get into the requirements of an adverse possession claim.
To rightfully claim abandoned real estate through adverse possession in New Hampshire, a squatter would typically have to meet four main criteria:
Adverse claim: Regardless of the squatter’s motive, they have been occupying the property without the owner’s permission
Open occupation: The squatter can’t hide that they’ve been living on the property—they must occupy the property openly in a way that would be apparent to neighbors, passersby, and/or even the owner of the property themselves
Exclusive ownership: The squatter is living at the residence alone, not with other people
Continuous occupation: The squatter must live on the property for a minimum period of 20 continuous years
Granted, making a successful adverse possession claim in New Hampshire would require serious dedication. A squatter would need to play the long game to successfully occupy and claim an abandoned property in New Hampshire!
Even if you own a property in New Hampshire that isn’t your primary residence, as long as you’re regularly checking in on and maintaining it, you’ll have a generous amount of time to pick up on signs that a squatter might be occupying the residence. Then, depending on the circumstances, you can go through the proper legal channels to evict the squatter from the property and avoid losing it to an adverse possession claim.
Pro Tip If you’re dealing with a squatter situation on your property, you might have to follow legally-required eviction procedures to remove them from the property to avoid facing certain legal consequences. It’s often a good idea to seek legal counsel before attempting to remove a squatter.
New Hampshire abandoned vehicle law
Okay, now what about abandoned vehicle laws in New Hampshire? The legal requirements surrounding many situations involving abandoned vehicles are outlined in RSA Chapter 262
. What qualifies as an abandoned vehicle in New Hampshire?
According to RSA Chapter 262:40-C
, a vehicle in New Hampshire is generally considered abandoned if it’s been left somewhere more than 24 hours without proper permission from the property owner. A car kept at a storage facility is deemed abandoned if it hasn’t been claimed within the 10-day notice period. If the state deemed your car abandoned, you could be subject to fines between $100 and $500 and any towing and storage fees.
What happens to abandoned vehicles in New Hampshire?
The location of a stranded vehicle plays a major role in when New Hampshire can declare it abandoned.
For example, an unattended vehicle on the side of the interstate could be towed away after four hours, while the city could remove a car abandoned in a “state-owned park and ride facility” after 21 days.
Local city and county laws may also dictate how long a vehicle can remain in an area before being deemed abandoned and towed away.
MORE: Vehicle title transfer in New Hampshire
New Hampshire abandoned personal property law
Whether you’re a landlord who’s discovered a tenant left items behind while moving out, or you’re trying to track down lost property of your own, it helps to know what legal requirements are in place.
What qualifies as abandoned personal property in New Hampshire?
What you should do with different types of abandoned personal property in New Hampshire is primarily dictated by RSA Chapter 471-C
. Here, you’ll also find details about how long it takes for different items to be considered abandoned and how you should handle them. Some examples include:
Unpaid wages: over a year
Safe deposit boxes: over five years
Personal property held in a state agency storage room: 60 days, if the value is less than $250
What should I do with abandoned personal property in New Hampshire?
In many cases, what you should do with abandoned personal property in New Hampshire is outlined in RSA Chapter 471-C
. When it comes to abandoned personal property that’s been turned over to local law enforcement, if an item’s value is less than $250, the finder may be able to claim it after 90 days, or if it’s worth more than $250, after 180 days. Law enforcement must sell bikes at a public auction after being held for 90 days.
Personal property left behind by a tenant moving out of a rental, RSA Chapter 540-A:3
outlines what a landlord can and can’t do with that property. That includes requiring the landlord to provide at least seven days’ notice about items left behind. After those seven days expire, the landlord can usually dispose of the property without notice. Pro Tip If you believe a piece of property has been abandoned but aren’t sure what to do with it, consider contacting local law enforcement’s non-emergency line or contacting a lawyer to determine what you should do.
How can I find my abandoned property?
If you’re trying to track down some lost property of your own, here are just a few of your options:
Contact local law enforcement—if it was reported abandoned, they might hold it in a police department storage room
If a towing company towed your car, look for signs in the area that may display the towing company’s phone number. You can also check with local law enforcement to see whether they towed your vehicle while it was unattended
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