New Hampshire Correction to Description in Easement and Right of Way: Understanding the Types and Importance In New Hampshire, an easement is a legal document that grants specific rights to a person or entity over another person's property. This allows for the use or access of the land for a specific purpose, such as roadway access, utility installations, or conservation purposes. However, it is essential to ensure the accuracy of the easement description to avoid any potential disputes or confusion in the future. Types of New Hampshire Correction to Description in Easement and Right of Way: 1. Corrective Amendments: — A corrective amendment is a formal correction made to the easement description to rectify any errors or inaccuracies. These amendments are necessary when the original easement description contains typographical errors, incorrect measurements, or missing information. — The corrective amendment requires a clear and precise description of the original easement, along with the desired changes. This amendment is usually created and recorded by the property owner or the holder of the easement rights. 2. Boundary Discrepancies: — Boundary discrepancies refer to situations where the easement description does not accurately reflect the physical boundaries of the property. This can occur due to changes in the land's natural features, surveying errors, or inaccurate measurements. — Correcting boundary discrepancies involves conducting a professional land survey to determine the precise location of the property lines. The new survey data is then used to revise the easement description, ensuring it aligns correctly with the property's boundaries. 3. Encroachment Issues: — Encroachments typically arise when a structure, improvement, or object extends beyond the boundaries of the property, infringing on an easement or right of way. This can occur unintentionally, such as fences, driveways, or landscaping that extends into the easement area. — Correcting encroachments involves identifying the encroaching elements and negotiating a resolution between the parties involved. This may require relocating the encroaching structure, granting additional rights, or modifying the easement description to accommodate the encroachment. Importance of Correcting Easement Description and Right of Way: 1. Avoiding Legal Disputes: — Accurate easement descriptions reduce the likelihood of conflicts between property owners and easement holders. It ensures that all parties involved understand their rights and limitations within the defined boundaries. — By promptly correcting any errors or discrepancies in the easement description, potential disputes over trespassing, unauthorized use, or excessive activity can be mitigated. 2. Preserving Property Values: — By correcting easement descriptions, property owners can safeguard the value of their properties. Accurate descriptions ensure that any encroachments or unauthorized activities are promptly addressed, maintaining the integrity and marketability of the property. 3. Ensuring Mutual Understanding: — Clear and updated easement descriptions foster mutual understanding and cooperation between property owners and easement holders. It establishes transparent guidelines for accessing land, minimizing conflicts and misunderstandings. 4. Enhancing Property Development: — Accurate easement descriptions facilitate property development plans, as developers can rely on precise boundaries to design and construct within the proper limits. — Properly defined easements and rights of way provide a framework for future development or modifications, assuring compatibility between land usage and existing rights. In conclusion, the correctness of easement descriptions and right of way details is crucial to avoid conflicts, protect property values, and promote harmonious land use. By addressing different types of corrections, such as corrective amendments, boundary discrepancies, and encroachment issues, property owners and easement holders can ensure their rights and responsibilities align accurately, preserving the integrity of New Hampshire's easement and right of way arrangements.
New Hampshire 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.
