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Old 07-17-2012, 07:59 PM   #73
Bear Islander
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Thank you for the reminder.


W. A. Sundell & a. vs. Town of New London
SUPREME COURT OF NEW HAMPSHIRE
119 N.H. 839, December 12, 1979
HEADNOTE
1. Waters--Public
Both at common law and by statute, title to waters of a great pond vest in the State for public use. RSA 271:20 (Supp. 1977).
2. Waters--Public--Littoral Owners
Although statute, vesting title of lake waters in the State for public use, provides that no individual shall have any rights not common to all citizens, littoral owners have common law property rights which are more extensive than those of the public generally, which could not be taken without compensation, and which were not affected by the statute. RSA 271:20 (Supp. 1977).
3. Waters--Public--Littoral Owners
Private rights of littoral owners include but are not limited to the right to use and occupy the waters adjacent to their shore for a variety of recreational purposes, the right to erect boat houses, and to wharf out into the water.
4. Waters--Public--Littoral Owners
Although waters of great ponds are public waters, littoral owners have private property rights which are separate from, independent of, and more extensive than the public's rights.
5. Waters--Public--Littoral Owners
Since owners of shore property around lake have private littoral rights separate from the public's rights, court did not err in declining to direct verdicts for the defendant town, where littoral owners brought a private nuisance claim against the town seeking damages for interference with their littoral rights, and not for interference with rights common to the public.
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