Adverse Possession in New Hampshire
Published 08/24/06

One of the oldest doctrines in property law is known as adverse possession. Adverse possession allows a party to obtain ownership or other rights over a piece of property even if they do not have a deed.

Adverse possession today is most frequently seen in boundary line disputes. The boundary line challenge may only occur years after your purchase when your neighbor does a survey of his property lines to fully understand the set back limitations for an anticipated home addition. In many old deeds, there is often only a very vague reference to where a boundary line may be.

Frequently the monument used in a deed to determine the boundary line, for example a tree or a stone wall, has been cut down or removed. Therefore, most property owners who trace their title back to deeds from the 1800's may have only a general sense as to where their property line exists.

To make a claim for adverse possession, the claimant must have acted as if he is the true owner of the property. The claimant must possess the land to the exclusion of all others. The plaintiff must possess the land conspicuously, that is doing things on the property that would show the world that he owns the property (such as building a house, logging or farming, planting a hedge or building a fence).

Further, the claimant must possess the land adversely to the actual owner. This means that the adverse possessor cannot be occupying the land with the permission of the owner. The adverse possessor and the actual title owner are often both under the mistaken belief that the adverse possessor owns the land and therefore the title owner is not giving permission to use land he does not believes he owns. Furthermore, the adverse possessor as acting as the title owner because he believes he is the title owner.

The adverse possessor must do all of the above actions continuously for a period of twenty years. It is possible to "tack" twenty year period from a previous owner. For example, if a prior adverse possessor was occupying the land for seventeen years and conveyed the property or their interest in the property to a second party who continued to adversely possess it for three more years before the neighbor challenges title to the land, then the twenty year period is satisfied.

Other situations where adverse possession can occur are roads, paths or beaches. For example, on person may use a path to cut across another person's property. If the user of the path has been openly and continuously using the property for twenty (20) years, the true owner may be unable to stop them from continuing to do so.

If you believe that an adverse possession situation may exist, you should consult with an attorney to review your chain of title and the neighbor's chain of title. You may also want to consult with a surveyor, who can map out where the actual boundary line should be given the language in the deed, absent a valid adverse possession claim.

Andrew J. Piela is an associate attorney at Hamblett & Kerrigan, P.A. His legal practice includes civil litigation, family law, land use litigation and probate. You can reach Attorney Piela by e-mail at: apiela@hamker.com

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.