Thread: Rights
View Single Post
Old 07-31-2019, 05:36 PM   #80
Senior Member
TMI Guy's Avatar
Join Date: Apr 2011
Location: Midcoast Maine & Sanbornton
Posts: 349
Thanks: 3
Thanked 150 Times in 74 Posts

Originally Posted by Not to Worry View Post
Some friends of ours allowed their neighbor (neighbor B) to dock their boat at their dock. It was agreeable and they were friends as well. It was always clear that the dock was on neighbors A's side of the property line and had paid for and installed the dock. Neighbors B (who used friends dock) sells house and then dies. Neighbor A also dies and leaves dock and house to family. Yes, they were older folk.

Still following? Neighbor C who bought house from neighbor B now claims he owns the dock that is on Neighbors A's land. Adverse possession is the claim and they are headed to court. Meanwhile neighbors C uses the dock as he pleases.

I know it will cost a lot of money to fight it out and if neighbor C can prove adverse possession he may win the dock.

Just goes to show you no good deed ever goes unpunished.
The fact pattern given here does not lead to adverse possession, based on the common understanding of the doctrine (I don't know what the New Hampshire common law precedent is). Specifically, the use of the dock by neighbor B was not "hostile."
TMI Guy is offline   Reply With Quote
The Following User Says Thank You to TMI Guy For This Useful Post: