What Is an Easement by Prescription in New Hampshire Real Estate?

🏡 What Is an Easement by Prescription in New Hampshire Real Estate?

In rural areas of Central NH like Plymouth, Campton, Rumney, Thornton, and Ashland, property boundaries and access routes often go back generations.

Sometimes, long-term use of part of a property creates something called a prescriptive easement.

Understanding what this is — and how it affects ownership — is crucial for NH buyers.

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What Is an Easement by Prescription?

A prescriptive easement (also known as a “prescriptive right”) is created when someone uses another person’s land:

✔ Openly

✔ Continuously

✔ Without permission

✔ For at least 20 years in NH

After 20 years of this kind of use, the user may gain a legal right to continue using that portion of the property.

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Common Examples in New Hampshire

Prescriptive easements often form around:

✔ Long-used driveways

✔ Paths or trails

✔ Access roads across private land

✔ Shared parking areas

✔ Footpaths or shortcuts

✔ Old logging or farm roads

This is especially common in older NH towns where land use started before modern surveying.

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Why Prescriptive Easements Matter to NH Buyers

A prescriptive easement can affect:

✔ Property value

✔ Privacy

✔ Ability to build, fence, or alter land

✔ Road maintenance responsibilities

✔ Legal rights of neighbors

If someone has gained a prescriptive right to cross the land, you cannot block them, even if you own the property.

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How NH Buyers Can Protect Themselves

✔ Review the deed and title search carefully

✔ Ask neighbors about long-term use

✔ Look for visible access points or worn paths

✔ Include easement questions in your home inspection

✔ Consult with a NH real estate attorney if anything seems unclear

If you’re buying land, especially in rural Central NH, this step is critical.

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Q&A

Q: Can a prescriptive easement be removed?

A: Only through legal action — and only if you can prove the use didn’t meet NH’s requirements.

Q: Does permission stop a prescriptive easement?

A: Yes. If the landowner gives written permission, the use is no longer “hostile” and cannot become prescriptive.

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Keywords

nh prescriptive easement, new hampshire property rights, plymouth nh land use, campton nh easement laws, central nh rural property, rumney nh property access rules

Jim Johnson — Real Estate Agent

58 NH Route 25A

Wentworth, NH 03282

P: (857) 249-7392

W: www.JimJohnsonRealEstateAgent.com

Licensed New Hampshire REALTOR® with Three Hills Real Estate Services

Broker Email: info@ThreeHillsRES.com

Broker Website: www.ThreeHillsRES.com