New Hampshire Easement or Right of Way for Access to Property: A Comprehensive Overview In New Hampshire, an easement or right of way is a legal arrangement granting non-owners the right to use another person's property for a specific purpose, primarily for accessing their property. This detailed description will provide relevant information about New Hampshire easement laws and the different types of easements or rights of way available. Key Terms: New Hampshire, easement, right of way, access to property 1. Definition of Easement or Right of Way: An easement or right of way in New Hampshire is a legally binding agreement that allows an individual or entity to use a portion of another person's property for a specific purpose, typically for accessing their own property. It grants a limited set of rights to the party benefiting from the easement while the original landowner retains ownership and control over the property. 2. Types of Easements or Rights of Way in New Hampshire: a. Appurtenant Easements: An appurtenant easement is attached to a specific property and benefits the property holder by providing access across an adjoining property. It runs with the land, meaning it transfers with the property even when ownership changes. b. Easements in Gross: An easement in gross is not tied to a specific property but benefits a particular individual or entity. It grants a specific right to use another person's property, regardless of ownership changes. Easements in gross are often used by utility companies or government entities for access purposes. c. Prescriptive Easements: A prescriptive easement is established through open, continuous, and unobstructed use of another person's property without permission. If a party has used another's property in this manner for at least 20 years, New Hampshire law recognizes their right to continue using the land. d. Express Easements: An express easement is created through a written agreement between the parties involved. It delineates the scope, duration, and purpose of the easement, ensuring clarity and legal enforceability. e. Implied Easements: An implied easement arises when it can be reasonably inferred that an easement was intended by a previous owner or due to the historical use of the land. It is not explicitly mentioned in any written document but is implied by the actions or circumstances of the property. 3. Necessary Elements for Valid Easements in New Hampshire: To establish a valid easement or right of way in New Hampshire, the following factors must be met: — Express agreement in writing or implied through actions/customary usage. — Clarity regarding the specific purpose, location, and duration of the easement. — Intent for the easement to be legally enforceable. — Lawful use that does not violate the rights of the property owner. Decorationon of the easement in the county land records for proper notice. 4. Resolving Easement Disputes: Easement disputes in New Hampshire may arise due to disagreements about the scope, location, or permitted use of the easement. When such conflicts occur, it is advisable to consult a qualified attorney who specializes in easement law to find legal resolutions, which may include negotiation, court actions, or modifications to the easement agreement. In conclusion, New Hampshire easements or rights of way for accessing property play a crucial role in providing individuals and entities with the necessary means to reach their properties. Understanding the different types of easements and the relevant legal requirements ensures clear and enforceable access arrangements, while resolving disputes in a fair and legally sound manner. If you require an easement in New Hampshire or find yourself in an easement dispute, seeking legal guidance is essential to protect your rights and interests.
New Hampshire Easement or Right of Way for Access to Property
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FAQ
The court's ruling was based on, ?upon the principle that, by using the easement, both the dominant and servient estates contribute to its wear and deterioration and, therefore, distribution of the burden of easement maintenance and repair between both estates is equitable and just?.
A conservation easement is a legally binding agreement between a landowner and the easement holder that restricts use of the land subject to the terms of the easement.
Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.
Landlocked is a common term in New Hampshire. I have heard so many landowners use this term when they believe their land, or land they want to purchase, has no access. However, what most of those landowners do not realize is that there is very little landlocked land located in New Hampshire.
On newer roads and properties, especially on roads in a subdivision, the property owner's deed only goes to the edge of the right-of-way, and the land for the right-of-way is deeded to the town.
If you have an easement on your property, you may need to allow another person to use it to reach another property or piece of land. Easement rights are considered non-possessory. The property owner retains the ownership interest, which is normally referred to as the fee title.
An easement is an interest in, or a right to use, another individual's land or property, generally for a specific, limited purpose. An easement gives one party the right to access another party's land. This access can be granted to public entities or private individuals.