Winnipesaukee Forum - View Single Post

Skip · 06-08-2008, 01:25 PM

Bear Islander's definition is correct...the high water mark is a fixed location determined by historic & natural means as he indicated. If there is a dispute, the Department of Enviromental Services is the designated agency (by State law) to make a determination.

As to the point of your question, unless your property is posted, or the landowner or a designee has told a party to leave an area, tresspass does not normally occur in New Hampshire (New Hampshire is a common law "open property" State).

That said, the excess water over your property does not constitute it being public waters, it is still your property, but for tresspass to occur the circumstances would need to be "unique".

Out of curiosity....do folks indeed boat over your property during these conditions?

06-08-2008, 01:25 PM	#4
Skip Senior Member Join Date: Apr 2004 Location: Dover, NH Posts: 1,615 Thanks: 256 Thanked 514 Times in 182 Posts	High water mark.... Bear Islander's definition is correct...the high water mark is a fixed location determined by historic & natural means as he indicated. If there is a dispute, the Department of Enviromental Services is the designated agency (by State law) to make a determination. As to the point of your question, unless your property is posted, or the landowner or a designee has told a party to leave an area, tresspass does not normally occur in New Hampshire (New Hampshire is a common law "open property" State). That said, the excess water over your property does not constitute it being public waters, it is still your property, but for tresspass to occur the circumstances would need to be "unique". Out of curiosity....do folks indeed boat over your property during these conditions?