[Just Sold]

BI I accept your definitions of use of the bathing beach and without saying it that is what I would have interpreted the easement granted. The owners of easements must be allowed access to the water is also stated in the deed. Swimming is specifically mentioned. But once you are past the high water mark the NH stautes are the governing laws not the deed or any easements in them.

Having been to the property I believe that the situation has been blown way out of proportion by Mr. Cavallo. I agree with others here that a survey would be best and could benefit both sides in this issue. Remember Mr. Cavallo wanted to use the boat house dock and was told that he could not...then this situation with the police happened thru Mr. Cavallo's actions.

The deed does say that a boat may be moored off shore (not on the beach) but not for an unreasonable period of time. Obviously docking at the boat house dock (not a part of the easement) is allowed for the owner of that boat house and no one else. And we have to remember that the Birdsall's do not have the easement rights in their deed but they do own the boat house and land adjacent to the easement.

In this case reasonable and neighborly understanding is needed but what do the RSA'a (waters owned by the state and land owner rights) say regarding this type of situation? The use of the boat house & docks is long standing by the Birdsall's and that could set some precedence in this situation. There has been a boat docked on this side for many, many years. Time for an Atty.!