Application for Restoration of Involuntarily Merged Lots

In accordance with NH RSA 674:39-aa, any owner of lots merged by municipal action for zoning, assessing or taxation purposes prior to September 18, 2010 and without the consent of the owner may request that the lots be restored to their pre-merger status and all zoning and tax maps shall be updated to identify the pre-merger boundaries of said lots or parcels as recorded at the Rockingham County Registry of Deeds, provided:

  1. The request is submitted to the Nottingham Board of Selectmen prior to December 31, 2021.
  2. No owner in the chain of title voluntarily merged the lots.  If any owner in the chain of title voluntarily merged the lots, all subsequent owners shall be estopped from requesting restoration. 
  3. All decisions of the Select Board may be appealed in accordance with the provisions of RSA 676.

Procedure for Requesting the Restoration of Involuntarily Merged Lots is as Follows:

  1. Complete the Application for Restoration of Involuntarily Merged Lots.
  2. Document the “pre-merger” configuration of any lots by providing:
    1. Book and Page #’s,
    2. Recorded Plan #’s,
    3. Recorded Survey’s, and/or
    4. Any other information
  3. If the property was obtained from an estate (inherited), attach a copy of the statutory “Notice to Cities and Towns.”
  4. The Assessing Department shall review all documents and forward any comments and/or recommendations to the Town Administrator within thirty (30) days of receipt of the materials.
  5. The Board of Selectmen shall schedule consideration of the Application during a regularly scheduled meeting within sixty (60) days of submittal. 
  6. If upon review by the Board of Selectmen, the Board determines that additional information is required; up to an additional ten (10) days will be provided to produce the additional information.
  7. Within ninety (90) days from the date of submission, the Board of Selectmen shall provide the Notice of Decision on the Application at a meeting of the Board of Selectmen and notify the Applicant(s), and the Assessing Department.
  8. If the Application has been granted (in whole or in part), the appropriate changes will be noted on the Tax Maps, Assessor records, and shall be recorded at the registry of deeds.
  9. The restoration of the lots to their pre-merger status shall not be deemed to cure any non-conformity with existing local land use ordinances.