New Hampshire Agreement Between Adjoining Landowners Regarding Overhanging Eaves

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Multi-State
Control #:
US-01139BG
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Description

A encroachment occurs when a portion of adjoining real property owned by Owner A hangs over the property line of Owner B's premises or physically intrudes onto Owner B's premises. The actual structure that encroaches might be a portion of a building (like eaves), a tree, bush, fence, or other fixture. In this agreement, Owner B agrees to allow such an encroachment. However, this consent of Owner B shall remain in force and effect only so long as the present structure of Owner A remains standing.

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FAQ

If there is an overhang, the following principles can legitimise what would otherwise be a trespass: The deeds to the house may specifically provide a right for them to be there; If the overhanging gutters have been in place for over 20 years, then the owner may have acquired a prescriptive right for them to be there.

The gutter should be installed as close to the shingles as possible; no more than 2 or 3 inches. If the gutter distance is more than 3 inches, the rain will run off the roof and won't drain properly.

An overhanging eave is the edge of a roof, protruding outwards from the side of the building, generally to provide weather protection.

But overhangs have several important functions: they can protect exterior doors, windows, and exterior walls from rain and snow; they can shade windows from hot summertime sun rays; and they can help keep basements and crawl spaces dry by directing rainwater away from the main structure of the house.

Legally speaking, you own the airspace above your land, thus your neighbours guttering should not overhang on your property and they are trespassing.

The roof overhang refers to how much the edge of the roof goes beyond the house siding. Under the overhang is a structure known as the soffit. Most homes have an overhang, however, length varies greatly depending on the architectural style of the roof, with slate roofs having longer overhangs typically.

Legally speaking, you own the airspace above your land, thus your neighbours guttering should not overhang on your property and they are trespassing.

The eaves are the edges of the roof which overhang the face of a wall and, normally, project beyond the side of a building. The eaves form an overhang to throw water clear of the walls and may be highly decorated as part of an architectural style, such as the Chinese dougong bracket systems.

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New Hampshire Agreement Between Adjoining Landowners Regarding Overhanging Eaves