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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7404
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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We own a summer cottage in New Hampshire. It is on a private

Customer Question

We own a summer cottage in New Hampshire. It is on a private road. The road was built in the wrong place 60+ years ago. it is further away from my property than it should be. We have been using that land between our property line and the actual road as our own for 60 years. Now a neighbor wants to improve the road. Last year they raised the grade so it is now difficult for us to get into our driveway without pulling forward past our lot and backing in at an angle to avoid the very steep bank of the higher road bed. If they lower the grade it will direct all road runoff into our yard/leaching field. Now it seems they are looking to widen the road and claim that land we have been using 'where the road is supposed to be'. Can I stop them?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 years ago.
You may be able to stop any road work on the property between your lot and the old road if you can prove you are the owner of that property. You will have to prove that you have acquired fee simple title through adverse possession, or at least a prescriptive easement. In the case of an easement you can object to interference with your unrestricted use of it. You may find this information useful, but it is not a recommendation of those attorneys.
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