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Land survey questions

  1. #76
    Backwoods lobster boy number9's Avatar
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    Re: Land survey questions

    Quote Originally Posted by RandyO View Post
    adverse possession in NH is hard to prove, it must be open (with the owners knowledge), notorious (without the owners permission), exclusive (you are the only person using the property) and continuous for a period of 20 years or more, no 10 years, a week off then another 10 years. Also, you cannot claim adverse possession against the sovereignty. (municipality, state or any other form of government)

    prescriptive easements are much easier to prove
    Good to know. My experience was in Maine, it's considerably worse for the "real" land owner and easier for the squatter (for want of a better term).

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  2. #77
    Lifer Imbeek's Avatar
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    Re: Land survey questions

    Quote Originally Posted by RandyO View Post
    adverse possession in NH is hard to prove, it must be open (with the owners knowledge), notorious (without the owners permission), exclusive (you are the only person using the property) and continuous for a period of 20 years or more, no 10 years, a week off then another 10 years. Also, you cannot claim adverse possession against the sovereignty. (municipality, state or any other form of government)

    prescriptive easements are much easier to prove
    Without researching New Hampshire law in particular, I doubt that the owner must have actual knowledge of the possession. Speaking generally for most states, possession must be open in the sense that an owner who is paying attention COULD know. In other words, adverse possession would not occur if someone hid under ground for the prescriptive period, or with camouflage...but one of the public policy rationales behind adverse possession is so that the ultra rich cannot buy and hold more property than they can possibly use and pay attention to. In that sense, an open possesssion where the owner doesn’t notice the occupancy is what adverse possession is for, and could certainly satisfy the statute.

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    Last edited by Imbeek; 03-25-18 at 09:54 PM.

  3. #78
    Senior Member MUZ720's Avatar
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    Re: Land survey questions

    Glad to hear you have a working relationship. Old school communication works best. Good luck.

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  4. #79
    Angry Gumball RandyO's Avatar
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    Re: Land survey questions

    Quote Originally Posted by Imbeek View Post
    Without researching New Hampshire law in particular, I doubt that the owner must have actual knowledge of the possession. Speaking generally for most states, possession must be open in the sense that an owner who is paying attention COULD know. In other words, adverse possession would not occur if someone hid under ground for the prescriptive period, or with camouflage...but one of the public policy rationales behind adverse possession is so that the ultra rich cannot buy and hold more property than they can possibly use and pay attention to. In that sense, an open possesssion where the owner doesn’t notice the occupancy is what adverse possession is for, and could certainly satisfy the statute.
    there is no law per se in the NH RSAs , only case law

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    RandyO
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  5. #80
    Changes come butcher bergs's Avatar
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    Re: Land survey questions

    Quote Originally Posted by MUZ720 View Post
    Glad to hear you have a working relationship. Old school communication works best. Good luck.
    Thank you.

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