This form is a sample notice from one landowner to an adjoining landowner who is refusing or failing to make repairs to a partition fence in accordance with an agreement between the adjoining landowners. This form is for illustrative purposes only. Local statutes must be consulted to determine specific requirements for such a notice.
New Hampshire Notice to Adjoining Landowner to Repair Partition Fence
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Multi-State
Control #:
US-00946BG
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Word;
Rich Text
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How to fill out Notice To Adjoining Landowner To Repair Partition Fence?
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FAQ
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.
There is no permit needed. The fence can be installed up to the property line. However, we recommend that you set your fence inside your property boundary at least 2 feet so you can maintain your fence and lawn without trespassing on your neighbor's property.
Case law in New Hampshire requires that the possessor must show adverse, continuous, exclusive and uninterrupted use of the land for twenty (20) years. Protecting yourself against an adverse possession claim is as simple as breaking any one of the five bolded requirements.
What are the requirements for a fence? It is the recommendation of the Building Department that all fences be placed 3 feet from the property line. There is no ordinance regarding which side of the fence must face outwards.
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.
§ 4. Any fence or other structure in the nature of a fence, unnecessarily exceeding 5 feet in height, erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.
Ing to New Hampshire law, private nuisance scenarios include unreasonable noise, unreasonable use of property, and unbearable odors. Since neighborhoods are all different, each nuisance scenario is considered separately from all others.
The elements of adverse possession are: the use must be adverse (without permission and hostile to the owner's interests); it must be notorious ("so conspicuous as to impute notice to the true owner" -- Black's Law Dictionary); it must be continuous and uninterrupted; it must be exclusive (not in common with neighbors, ...
