Legal Question in Real Estate Law in New Hampshire

how do we fight adverse posession claim.

We purchased a home just over a year ago.

The property also includes an area described in our deed as 36' x 325' which is our driveway. The neighbors have been using our driveway without an easement or a right of way. Their home faces the main road. Now these people have decided that part of our property now belongs to them. They have proceeded to alter part of it by destroying the grass which was growing there and placing loom, seed and straw on our property. We told them they have no business touching our property and that they are tresspassing. This is not the first time we have told them to stay off our property. They have been destroying our property. There is a list of events which have happened which would take up too much bandwidth here.

What recourse do we have? Can we bar them from the property permanently and legally?

Please help, we are at our wits end with this situation.


Asked on 7/16/99, 7:35 am

1 Answer from Attorneys
Stuart Williams

Re: how do we fight adverse posession claim.

Need more facts. What is the basis of their claim? Is this the only driveway to their house? How long have they been using it? Is there any other way they could get to their house without using this driveway space? Don't ask them these questions, but do ask the sellers of your property, in confidence, probably through your attorney, to see what they know. Ultimately you may have to go to court and throw them off. WARNING: If you do nothing, YOU WILL LOSE in spite of the deed which appears to make you the owner. You should have the attorney you used to buy the house (I hope you had one, or the bank had one 'for you') to get this resolved if you can or else get another one. I'd threaten the bank if necessary to get their cooperation, too.

There's probably title insurance and this could be a serious glitch to the title.

Anyway, you've got to "eject them" from the land and make them go to court to get back on, I think, but I'm not your lawyer and I don't know that area of the law all that well.

Read more
Answered on 7/19/99, 11:14 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Hampshire