Meredith lake access rights

[Susie Cougar]

Originally Posted by TomC

The deed recorded for this transfer in August mentions nothing about a right-of-way or other access rights to the shore. Maybe years ago there was an informal agreement or something, but nothing "legal" appears to have been conveyed with the parcel in question.

That’s what I’m thinking. I didn’t want to burst his bubble by telling him that there was no access shown. I do feel it was a personal agreement years ago and who knows whether it is still valid. That’s why I said to just ask them.

[lagoon]

Originally Posted by Susie Cougar

That’s what I’m thinking. I didn’t want to burst his bubble by telling him that there was no access shown. I do feel it was a personal agreement years ago and who knows whether it is still valid. That’s why I said to just ask them.

So IF there was an agreement or not and the path has been used over the years that would set up a right of way that can't be extinguished.

[Billy Bob]

Originally Posted by lagoon

So IF there was an agreement or not and the path has been used over the years that would set up a right of way that can't be extinguished.

That’s not true at all. It would be very difficult for a new owner to prove the timelines etc needed to win that one. The new owner gets what is on the deed and that’s it. Adverse Possession will be a non starter.

[Biggd]

It would be in his best interest to find out who takes care of the waterfront property. If it's the town, then it is open to all residents of Meredith.

[lagoon]

Originally Posted by Billy Bob

That’s not true at all. It would be very difficult for a new owner to prove the timelines etc needed to win that one. The new owner gets what is on the deed and that’s it. Adverse Possession will be a non starter.

Respectfully I disagree. I have been in NH court on this issue and it is clear that if you can demonstrate a right of way it can't be extinguished. That does not mean or show any ownership of the land, just a right of passage.

[thinkxingu]

Originally Posted by lagoon

Respectfully I disagree. I have been in NH court on this issue and it is clear that if you can demonstrate a right of way it can't be extinguished. That does not mean or show any ownership of the land, just a right of passage.

A landowner allowing people to walk on their property and right of way are completely different, right? Isn't the latter a legally deeded protection and the former simply informal?

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[Billy Bob]

Originally Posted by lagoon

Respectfully I disagree. I have been in NH court on this issue and it is clear that if you can demonstrate a right of way it can't be extinguished. That does not mean or show any ownership of the land, just a right of passage.

The brand new owner, just took possession, will have no way to demonstrate a right of way . They also failed to get anything in writing. This goes nowhere unless the property owner cooperates .

[lagoon]

Originally Posted by Billy Bob

That’s not true at all. It would be very difficult for a new owner to prove the timelines etc needed to win that one. The new owner gets what is on the deed and that’s it. Adverse Possession will be a non starter.

It is not adverse possession, and that was not what I was referring to. A right of way can't be extinguished and to prove it you would only to prove passage by your use, or others, that the "path" had been used in the past. Look it up for the State of NH.

[John Mercier]

You might have to provide a link.

I could only find the Adverse Possession statute also.

[Billy Bob]

Originally Posted by John Mercier

You might have to provide a link.

I could only find the Adverse Possession statute also.

Obviously he won’t be sending a link because it doesn’t exist. What he is describing is what happens when a property owner allows ski mobiles to cross his property for years and then for one reason or another changes is mind and closes the access. We know how that story ends .

[Elrockk]

Ill have to get up there and talk with my nieghbors Thanks for all the Input

[thinkxingu]

Originally Posted by Elrockk

Ill have to get up there and talk with my nieghbors Thanks for all the Input

By the way, what's your goal with this? Are you hoping to be able to walk down to the water? Have access to the dock(s)? Maintain what might have been an informal agreement? Or are you just trying to figure out what rights you have purchased into?

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[Elrockk]

no plans yet just seeing what my options are

[FlyingScot]

Originally Posted by Elrockk

no plans yet just seeing what my options are

Not to be too much of a bummer, but not great options here...

A stranger comes to your door, says he'd like access to your waterfront, pretty much forever. Hard to imagine anyone thinking anything other than "WTF?"

So maybe try to think of something you could offer him and/or a much smaller ask

[Billy Bob]

Originally Posted by lagoon

It is not adverse possession, and that was not what I was referring to. A right of way can't be extinguished and to prove it you would only to prove passage by your use, or others, that the "path" had been used in the past. Look it up for the State of NH.

What do they intend to do with this access they refer to ? What do you do when you get to the end of the path ? I think the next part is they want to sit on a beach or something or then swim in front of the property owners house .
So it sounds like the lakefront people used to be ok with the non lakefront owner coming on over and using the lake. The lakefront owner is no longer ok with the new owner coming on over.