Easement in New Hampshire

State-specific overview · Property & Real Estate

Quick summary

New Hampshire recognizes easements by prescription after twenty years of open, continuous use.

How New Hampshire treats Easement

New Hampshire requires a longer prescriptive period—twenty years of open, continuous, and uninterrupted use—to establish an easement by prescription. Easements can also be created by express deed, necessity, or implication from prior use patterns. New Hampshire courts interpret easement language strictly and do not expand the scope beyond what the parties clearly intended. Recorded easements bind all future owners of the burdened property.

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The general definition of Easement

The right to use someone else's land for a specific purpose, like crossing it or running utilities.

An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Hampshire.