Understanding property boundary laws, fence regulations, and dispute resolution in New Hampshire.
New Hampshire property line laws carry forward centuries of New England legal tradition, with fence viewer statutes and spite fence protections that date to the state's early years. The granite-rich terrain means many survey markers are drilled directly into rock outcrops, and colonial-era deeds frequently reference stone walls and blazed trees that may no longer exist. With its spite fence statute capping malicious fences at five feet and its 20-year adverse possession period, New Hampshire balances neighbor relations with strong protection for property owners.
Fence laws determine who is responsible for building and maintaining boundary fences between neighboring properties. In New Hampshire, understanding these rules can prevent costly disputes with neighbors.
New Hampshire follows: closed range statewide
New Hampshire is a closed-range state with fence viewer statutes (RSA § 473) similar to other New England states. Town-appointed fence viewers can assign each adjoining landowner their share of a partition fence. Landowners in agricultural areas are generally required to maintain their assigned portion of shared boundary fences.
Under New Hampshire's fence viewer statutes, a landowner may request the town fence viewers to inspect a shared fence and assign maintenance responsibilities. This process provides notice to the adjoining owner through official town channels.
New Hampshire has a spite fence statute (RSA § 476:1) that declares any fence or structure unnecessarily exceeding five feet in height, erected for the purpose of annoying an adjoining owner, to be a private nuisance.
Adverse possession is a legal doctrine that allows someone to claim ownership of land they have occupied openly and continuously for a certain number of years. Understanding these rules is important for protecting your property rights.
Statute of Limitations: 20 years in New Hampshire
Claimant must demonstrate actual, open, notorious, continuous, hostile, and exclusive possession for 20 years. New Hampshire's 20-year period is consistent with other New England states and strongly protects record title holders (RSA § 508:2).
If you are a property owner in New Hampshire, knowing the adverse possession period helps you understand the importance of monitoring your boundaries and addressing encroachments promptly. Regular boundary checks can help protect your ownership rights.
Timber trespass occurs when someone cuts, removes, or damages trees on another person's property without permission. New Hampshire law provides significant penalties to deter this behavior and compensate affected property owners.
Penalty: triple damages
RSA § 227-J:8-a provides for treble damages for willful timber trespass, including the cutting or destruction of trees on another's land. New Hampshire also has a separate statute addressing unauthorized marking or painting of boundary trees.
To avoid accidental timber trespass, always verify your property boundaries before clearing trees or brush near boundary lines. Even unintentional cutting on a neighbor's land can result in significant liability.
Boundary disputes between neighbors are common and can arise from unclear property lines, encroaching structures, or conflicting surveys. New Hampshire offers several paths to resolve these disagreements.
Boundary disputes in New Hampshire are resolved through the Superior Court. The state recognizes the doctrines of acquiescence and practical location. Granite terrain and dense forest cover can make locating historical survey markers extremely difficult.
Quiet title actions are filed in Superior Court. New Hampshire's relatively small size and county-based registry of deeds system makes title research manageable, though colonial-era deed descriptions can be challenging to interpret.
The best way to prevent boundary disputes is to know exactly where your property lines are. Having a clear understanding of your boundaries before issues arise saves time, money, and relationships with neighbors.
An easement grants someone the legal right to use a portion of your property for a specific purpose. Understanding the easements that affect your land is essential for knowing your full property rights.
Common easements in New Hampshire include utility easements, lake and river access easements, timber access roads, and conservation easements. Ski area access easements and snowmobile trail easements are notable in the White Mountains region.
Prescriptive Easement Period: 20 years in New Hampshire
A prescriptive easement can be established when someone uses a portion of your property openly and continuously for the statutory period without your permission. Like adverse possession, monitoring your property boundaries regularly can help prevent prescriptive easement claims.
Knowing your exact property lines is the foundation of protecting your rights under New Hampshire law. Here are the most common ways to determine where your boundaries are:
Before spending hundreds on a survey, use ParcelVision to see your property lines in augmented reality on your iPhone. Search any address in New Hampshire and walk your boundaries in minutes.
Download ParcelVision — $14.99/PropertyThis page is for informational purposes only and does not constitute legal advice. Property laws vary by jurisdiction and may change. Consult a licensed attorney in New Hampshire for legal guidance on property boundary matters.
New Hampshire requires 20 years of actual, open, notorious, continuous, hostile, and exclusive possession. This lengthy period provides strong protection for record title holders and is consistent with most other New England states.
Under RSA § 476:1, any fence or structure over five feet tall that is erected unnecessarily for the purpose of annoying an adjoining owner is considered a private nuisance. The affected neighbor can seek a court order for its modification or removal.
New Hampshire towns appoint fence viewers who can inspect shared boundary fences and assign each adjoining landowner their maintenance responsibilities. This traditional New England system can resolve partition fence disputes without litigation.
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