House on Town Land

[safety frog]

October 17th BOS minutes indicate that

Vice-chair Giordano stated the bank owned the 50 Frye Road property and when he walked the boundary line with a potential buyer, it was found that the house was partially built on Town property. He stated we should send a letter to the bank and see if a land swap for a lot line adjustment could be done to give the bank the opportunity to rectify the situation. It has been this way for over 20 years.

How in the world did the town allow the house to be built so close to the property line that it was over the line?

I believe this was the Clough property and a former town treasurer Ms. Clough lived there about 20 years ago. The lot to the south of her house is town land that was being considered for a new cemetary. Many of the deeds for the town piece were missing at the town hall back in the 90's when we researched our property prior to building, I was told by Jane at the town hall. The tax map and the deeds available did not match at all at the time.

[curt]

The selectmen lack general authority to buy and sell land. Each transaction has to be approved by town meeting.

There was an article to give them general authority per state law (with a petition process that could be used to force a town vote on a particular transaction), but it was voted down a couple of years back.

[timd]

Taking of government owned land by adverse possession is not allowed under NH law. So it doesn't matter that the title defect is more than 20 years old. I would think the bank would be eager to rectify the situation since if they try to sell it after notice of a title flaw like this they will lose any lawsuit that ensues.

[curt]

I searched the tax kiosk for 50 Frye Road.

It comes up as Joann DeLeary-DeVito and Domenic R. DeVito.

She bought the property in 2001 and deeded it to the couple as joint tenants.

I find a mortgage to Mortgage Electronics System or some such in 2001 then an identical looking mortgage to Chase Bank in 2005. I find neither a discharge nor a foreclosure on the record for either mortgage.

[shawn_oneil]

Chris G. is working on this issue.

I wonder if this residence had any relationship to the group using Curt's land?

The big issue is how to fix this problem. Lot line adjustment? Why should the Town even have to deal with such a proposal?

Shawn

[safety frog]

Surveyors were there yesterday afternoon, they indicated the deeds for the couple of pieces in question had vague descriptions. From back in the 90's when I looked at them, the town piece taken for taxes was about 9 acres, but the tax rolls had it at almost double that. So some confusion has existed for a while.

[safety frog]

Melissa Parry, new resident of 50 Frye Road, stated a survey has been done on their property and asked the Board to review the survey and discuss a lot-line adjustment. Vice-chair Giordano stated that a Warrant Article may have to be done to allow the Board to do this or the issue may have to go on the Ballot. Giordano stated he would discuss this with Peter. It was suggested a land swap be done since the home’s septic system was on Town land.

Who allowed the septic system to be built without inspection? Can they relocate septic system or is the pond in the way?

[safety frog]

Hope they have/had title insurance.

[safety frog]

There has been recent survey work on the property on Frye road and there are now new corner lot markers out in the woods that have not been there for 20 plus years. One is in a odd place where bounds have not been found previously and may change plans for a town cemetery for the area. Not sure if this changes the septic system location on town land. It looks like septic and well work has been done on the priviate property in the past couple weeks as well we assume with proper approvals?

[dirtrider85]

Got my people mixed up! Apologies Safetyfrog

[safety frog]

Dear dirtrider85:

I do not own, drive or have a license for such a rig. I have never said anything negative about you or the tree cutting as it renewable resource, it is your right to cut trees, and I have done it in the past and will in the future. And, my questions were about town actions and town land, not yours.

Sorry to ruffle your feathers.

[dirtrider85]

Ooops Thought you were the person who lived across the street from me! I apologize.

[safety frog]

Any way to confirm he following? So while at the high school after a sporting event tonight, standing talking to parents, I hear the story/rumor how the town of Danville, through a lot line adjustment, allegedly gave the property owners two to three acres of town land, targeted for town cemetery land, in order to keep the septic system legal, the adjustment was supposedly made.

Can this happen?

Should or would have the abutters been notified? Checking with two, they were not.

Public notices made?

What did Town Cemetery Committee say?

Did the back taxes get paid on land allegedly or reportedly taken?

The land is supposedly a piece previously owned by a town treasurer that was under investigation for financial issues in the 1990's. I never heard the outcome of investigation when Mr. Mike Alison was on the board of selectmen, but the treasurer moved south. This may explain bounds in the middle of nowhere that were not there 15 years ago.

A selectman, across street from the property, was listed as looking into this who owns and rides horses in the area. What was outcome of Board's work?

Any way to check if the lot adjustment was made and is legal?

This sounds so similar to alleged activities on South Main street with a house allowed to be built on non existing streets by town officials that landed the town in court, affecting abutters. I hope not

This possible issue should be reviewed and made public. We hope that this is false.

[timd]

Under NH law, the only way to change the official map of a town is through the planning board. So for a lot line adjustment, there would have to be a public hearing at the planning board with prior notice to abutters. If approved, there would have to be a plan recorded at the registry of deeds and also deeds recorded at the registry transferring the property described in the plan. All this stuff is a matter of public record, so if you know the landowner's name you can look it up yourself at nhdeeds.com.

Timd

[safety frog]

thank you.