New Hampshire Correction to Description in Easement and Right of Way

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Multi-State
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US-OG-971
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Description

This form is a correction to description in easement and right of way.

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FAQ

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.

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.

A parcel of land that does not have access to a public roadway and can only be accessed by crossing another's property. Owners of landlocked property may be able to gain street access through an 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.

The duty to care for an easement belongs to the owner of the dominant estate.

Can I change a right of way? Usually a right of way, contained within a deed, will remain in place, exactly as it is written, even where the land or property has changed hands. It is possible, however, to extinguish a right of way because it has been abandoned but it is incredibly difficult to prove abandonment.

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New Hampshire Correction to Description in Easement and Right of Way