Rights

[Not to Worry]

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.

[tis]

Not to worry, isn't it too bad that you can't be nice to anybody any more?

[P-3 Guy]

Originally Posted by Not to Worry

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."

https://www.law.cornell.edu/wex/adverse_possession

[Slickcraft]

Originally Posted by Not to Worry

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.

My understanding of the law is if B was given permission by A then adverse possession does not apply. Anyway it is sad that C types exist.

[Woody38]

Adverse possession is invalid if one has been granted permission.
Call the police or MP and hand them the court order and tell them to get the offender to remove and maybe arrest them.

That being said I MIGHT set the boat free in the middle of the night. If questioned, I would say. What boat. If you tied a boat there you must not have secured it properly.

___________________________

I am a retired workaholic and continuing aquaholic

[Outdoorsman]

Originally Posted by Slickcraft

My understanding of the law is if B was given permission by A then adverse possession does not apply. Anyway it is sad that C types exist.

Shamefully, the "person" that claims to be a lawyer has suggested just setting the boat adrift..... regardless of consequences...

[MAXUM]

There is also a provision in the law that states that the person claiming adverse possession must be the one to occupy said property for a set period of time. This cannot, I would think, be conveyed or claimed through the purchase of a piece of property by another party.

Then again I'm just a forum lawyer so what the heck do I know.

[Major]

Originally Posted by Not to Worry

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.

I’m going from my bad memory from law school but adverse possession requires that the use must be hostile. This doesn’t seem to be the case. Also, the possession must be for 20 years. I’m not sure whether this requirement is met. Finally, a new owner cannot tack on to the prior owner’s use. Again, I’m not sure whether this applies.

The lack of hostile possession seems to be the key.


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[Wifi-1]

The word "hostile", altho used in the law, may not conform to what one might think. Reference:

https://www.nolo.com/legal-encyclope...ion-claim.html

[nj2nh]

Originally Posted by Major

I’m going from my bad memory from law school but adverse possession requires that the use must be hostile. This doesn’t seem to be the case. Also, the possession must be for 20 years. I’m not sure whether this requirement is met. Finally, a new owner cannot tack on to the prior owner’s use. Again, I’m not sure whether this applies.

The lack of hostile possession seems to be the key.


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I clearly remember a life in being plus 21 years. And, yes, it has to be hostile. Not with permission.


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[nj2nh]

Originally Posted by Not to Worry

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.

Adverse possession takes over 21 years to be established and is impossible to prove.


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