85 Signatures of encumbrancees
by each person shown on the certificate of title for the land
included in the plan as having an interest pursuant to a registered
instrument or caveat, other than
(a) a mortgage of a utility right of way,
(b) a restrictive covenant,
(c) a zoning restriction, or
(d) a writ of enforcement,
if the interest is affected by the subdivision.
(2) Subsection (1) does not apply to a plan of subdivision, other
than a condominium plan or strata space plan, in which there is no
dedication of land for any public purposes.
(3) A person whose signature is required on a plan under
subsection (1) may, instead of signing the plan, sign a consent in
the prescribed form.
(4) If for any reason a signature required under this section cannot
be obtained, an application may be made to the court for an order
dispensing with the signature on any terms and conditions that the
court may impose.
RSA 2000 cL-4 s85;2009 c53 s95;2023 c9 s16