New Hampshire Judgment regarding Boundary Line Dispute

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US-00748
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This form is a Judgment. The judgment provides that the plaintiffs/ counter defendants are entitled to a prescriptive easement for ingress and egress along an existing road. The judgment also provides that all relief requested by defendants in their counterclaim which was not specifically granted, other than those issues reserved for further hearing, are denied by the court.

A New Hampshire Judgment regarding boundary line dispute refers to a legally binding decision made by a court in the state of New Hampshire regarding a dispute between two parties over the location or demarcation of a property boundary. This judgment settles the disagreement and establishes a definitive boundary line between the properties involved. New Hampshire's legal process for resolving boundary disputes is governed by state laws and precedents, including statutes such as New Hampshire Revised Statutes Annotated (RSA) Chapter 561:4. When parties reach an impasse, they often turn to the court system to seek resolution. The court's judgment is based on a thorough examination of evidence, including surveys, recorded deeds, physical markers, and testimonies from expert witnesses. The goal is to determine the true location of the boundary line according to the applicable laws and facts of the case. Key factors considered during the judgment process include the intent of the original landowners, historical surveys or monuments, agreements or understandings between the parties, and any adverse possession claims. The court assesses the credibility and weight of the evidence presented by each party to formulate an equitable decision. There are several types of New Hampshire Judgment regarding boundary line disputes, depending on the specifics of the case: 1. Affirmation of Existing Boundary: When the court determines that the existing boundary line, as established by prior agreement or evidence, is correct and should be maintained. 2. Relocation of Boundary: In some cases, the court may conclude that the current boundary line is incorrect or incorrectly marked. The judgment may order the relocation of the boundary to rectify the error based on the presented evidence. 3. Equitable Division: In situations where a clear boundary line cannot be determined or where both parties have valid claims to a disputed area, the court may order an equitable division of the disputed land, taking into account factors such as acreage, land value, and specific needs of each party. 4. Adverse Possession Claim: In rare instances, if one party can present evidence of open, continuous, and exclusive use of a disputed property for a specific period, the court may recognize adverse possession. This may result in a judgment awarding ownership of the disputed land to the adverse possessor. It is important to consult with a qualified attorney specializing in property law if you are involved in a boundary line dispute to understand the specific legal process and potential outcomes based on the circumstances of your case. They can provide expert guidance throughout the legal proceedings, including negotiation, mediation, or courtroom litigation, ultimately helping to reach a beneficial and satisfactory resolution.

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The doctrine of judicial estoppel serves to prevent litigants from asserting claims in a court proceeding that are directly contrary or inconsistent to a prior statement made in a previous proceeding.

A court will typically invoke judicial estoppel where the earlier position was accepted by the court and the later position is clearly contradictory. Judicial estoppel may be raised as an affirmative defense.

As generally understood, judicial estoppel ?prevent[s] a litigant from pressing a claim that is inconsistent with a position taken by that litigant either in a prior legal proceeding or in an earlier phase of the same legal proceeding.? This rule emerged long ago, and persists to this day, as a means of protecting the ...

The boundary between the States of Vermont and New Hampshire is the low water mark, on the western side of the Connecticut River, not the top or westerly margin of the bank, as claimed by New Hampshire, and the low water mark for this purpose is taken to be (as found by the Special Master and not challenged by the ...

The general rule is that the federal government may not be equitably estopped from enforcing public laws, even though private parties may suffer hardship as a result in particular cases. Office of Personnel Management v. Richmond, 496 U.S. 414 (1990); Heckler v.

Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim.

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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. If a Motion to Dismiss is submitted and denied, an Answer must be filed within 30 days after the date on the Notice of the Decision finally denying the motion; ...The consent decree expressly states that it "determines the lateral marine boundary line between New Hampshire and Maine from the inner Portsmouth Harbor to the ... Call today at 603-883-1571 for a free initial consultation. Our experience and practical advice inside and outside of the courtroom will guide you and allow ... 2. Easements or claims of easements not shown by the public records, boundary-line disputes, overlaps, encroachments, title to filled lands (if any) and any ... Loon Island, 96 N. H. 421), the State through the Governor and Council would have authority to settle a boundary dispute. The effect of this might well be to ... May 29, 2001 — In 1977, in a dispute between the two States over lobster fishing rights, this Court entered a consent judgment setting the precise location of ... May 19, 2017 — boundary line agreements permits them only when the location of a boundary line is in genuine dispute. See N.H. Rev. Stat. Ann. §§ 472:1, 4 ... 8 days ago — Introduction. Adverse possession is a method of acquiring exclusive ownership of land even though someone else holds the title to that land. May 20, 1727, a grant of a township was made by New-Hampshire to one hundred and seven proprietors and "their associates," bounded as follows: "Beginning on the.

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New Hampshire Judgment regarding Boundary Line Dispute