Adverse possession is a common law that allows a person to acquire title to real property without mutual agreement by the parties.  Adverse possession is confusing, complicated, and can often be very emotional.  While it is relatively rare, our easement stewards frequently get asked questions about it.

We have prepared a handout regarding adverse possession, which includes steps you can take to protect yourself from it.  

The primary objective of our stewardship program is to preserve the conservation values of those lands protected by conservation easements. Ensuring compliance with the terms of each easement is critical to meeting this objective.  The Forest Society is prepared to legally defend and enforce our easements when necessary.  Legal enforcement, however, is a remedy of last resort.  Our program is most successful if compliance is voluntary.

The New Hampshire Land Trust Coalition (NHLTC) is an excellent resource for statewide land trust information.  Visit http://www.nhltc.com/ .

USDA’s Natural Resources Conservation Service (NRCS) offers voluntary programs to landowners that can provide financial and technical assistance in exchange for improving conservation practices on your property.  Visit http://www.nrcs.usda.gov/wps/portal/nrcs/main/nh/programs/financial/ for more information.

UNH Cooperative Extension is a great resource for information on invasive plants.  Visit their website for more information on banned plants, identification, and control of invasive species on your property.  Download the latest Guide to Upland Plant Species in NH.

The State of New Hampshire has laws in place that are designed to limit your liability as a landowner.  The laws apply to all types of land, but do not extend protection to any landowner that collects a fee for use of the land.   Read more about NH’s liability laws in this summary provided by Upper Valley Land Trust.

Not all conservation easements guarantee public access, so you’ll want to refer to your specific easement deed.  Look under the Purposes section; there may be language that indicates the property was protected for outdoor recreation by and/or the education of the general public.  This indicates that there is guaranteed public access on at least a portion of your property.  You can also look under the Use Limitations section; there will likely be a section that addresses public access and prohibits posting the property against non-motorized recreation.