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Adverse Possession: Introduction

Reviewed 12/12/2018

Introduction

Adverse possession is a method of acquiring exclusive ownership of land even though someone else holds the title to that land. You may see it referred to as the "doctrine of adverse possession" or, less elegantly, as "squatter's rights." Although many other states have put adverse possession into their statutes, New Hampshire has not, and it is in case law – which is as authoritative and binding as statutory law - that you will find most of the elements that must be proven in court. The elements of adverse possession are: the use must be adverse (without permission and hostile to the owner's interests); it must be notorious (the owner has had notice of the use); it must be continuous and uninterrupted; it must be exclusive (not in common with neighbors, or others), and it must be for a period of at least 20 years as defined in the statute of limitations for the recovery of real property (see RSA 508:2, I under the Read NH Law tab).  Adverse possession applies only to private property, not to public lands, waters, highways or transmission lines.

Disclaimer

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ...  is not a substitute for the services of an attorney.