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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Matte v. Shippee Auto, Inc., 152 N.H. 216 (2005)

Citation
Matte v. Shippee Auto, Inc., 152 N.H. 216 (2005)
Parent Document
Matte v. Shippee Auto, Inc., 152 N.H. 216 (2005)
Jurisdiction
New Hampshire (state)
Effective Date
2005-05-20

Other Sections in This Document (31)

Full Text

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As a number of courts have recognized, many of the historical underpinnings of the independent covenants rule have given way to changes in society and the law. “With the evolution from an agrarian to an urbanized, industrialized society, improvements on the land became relatively more important. Improvements such as houses, apartments, office[s,] ... commercial buildings, ... plants and factories came to have greater value to the lessee than did the land itself.” Richard Barton Enterprises, 928 P.2d at 375. The typical tenant has also evolved from the “‘jack-of-all-trades’ farmer who was the common law’s model of the lessee” to one who lacks the skill, ability or incentive to make repairs himself. Wesson, 774 N.E.2d at 619 (quotation omitted).