New Hampshire Amendment to Easement (Pipeline Easement - Short Form)
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FAQ
The duty to care for an easement belongs to the owner of the dominant estate.
New Hampshire Fence Law Basics This act is known as "encroachment" and it's a form of trespassing. Under New Hampshire law, private land owners have the right to enforce their property rights in court or through private agreements. A fence dividing two properties is called a division fence.
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?.
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.
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.