Property Line and Fence Laws in New Hampshire

Property line and fence laws in New Hampshire regulate boundaries, fence construction, and encroachment, and help resolve conflicts between neighbors.

When winter storms hit New England, the wind, sleet, and ice can damage trees and fences. When it’s time to clean up and make repairs, neighbors don’t always agree on who should pay. New Hampshire has detailed property line and fence laws that help resolve many neighbor disputes.

This article discusses New Hampshire’s laws regarding property boundaries, fences, and tree encroachment. If you’re currently dealing with a neighbor dispute over these issues, contact a local real estate attorney for help. Helpful FindLaw links are available at the end of this article as well.

Common Neighbor Disputes Regarding Fences and Property Lines

If you’re like most people, you’ll have the same neighbors for years, maybe decades. The last thing you want to do is ruin your relationship with your neighbor. However, things may get heated if you have a fence or tree branch encroaching on your neighbor’s property.

Most homeowners can resolve these disputes amicably. A simple conversation over coffee can do the trick. In other instances, nothing you say or do will appease your neighbor.

Some of the more common fence disputes New Hampshire real estate attorneys see involve the following:

• Fencing materials
• The height of the fence
• The location of the fence
• Financial responsibility for damages and repairs
• Encroachment
• Interference with easements and right-of-way

Most of these disputes revolve around division fences, which serve as a marker between one property from another. Since they separate two or more homeowners’ properties, they are the most likely type of fence to cause a dispute or argument.

One way to avoid these disputes is to comply with all setback requirements and zoning board regulations and secure building permits. Understanding your town’s zoning ordinances can help avoid problems before they happen.

New Hampshire Property Line and Fence Laws: Highlights

The following sections focus on New Hampshire’s state laws relevant to property line and fence disputes. You may also need to consult local and municipal laws or homeowners’ association (HOA) bylaws.

New Hampshire State Statutes

• NH Section 473:1 Duty of fence owners
• NH Section 473:5 Legal fence
• NH Section 473:15 Liability for damages

Boundary by Acquiescence

In New Hampshire, you can establish Boundary by Acquiescence by proving the following:

• The boundary exists between adjoining landowners
• The landowners have occupied their respective lots for at least 20 years
• The property owners mutually accept that the line is the property boundary

New Hampshire Fence Law Basics

You must take immediate action when a neighbor interferes with your property rights. This is true even if the dispute concerns whether one neighbor can plant a tree on a shared property line. This is called encroachment and it’s considered a form of trespassing.

Under New Hampshire law, private landowners can enforce their property rights through the local courts or private agreements. State law also dictates that homeowners must share the responsibility for division fences, including the cost of maintaining the shared fence.

If one neighbor refuses to contribute, the other neighbor can make the repairs and seek damages from their non-paying neighbor.

Using Boundary by Acquiescence To Enforce a Historic Boundary Line

In New Hampshire, boundary by acquiescence is a court-made rule recognizing long-standing markers that property owners have traditionally identified as their boundary lines, even when a survey places them elsewhere.

For example, if two property owners think a row of trees marks their property line but later learn that the boundary line extends ten feet beyond those trees, the court may enforce the historic line used by both parties. Boundary by acquiescence requires that the property owners meet specific requirements.

Trees Along Property Lines

Is your neighbor’s paper birch tree making you mad by dropping big piles of leaves in your yard? Are the roots pushing up your fence? New Hampshire law allows you to prune a neighbor’s tree at your own expense.

You should consider several things before deciding to trim your neighbor’s tree branches, including:

• If you seriously injure or kill the tree, you may be liable for damages equal to three to ten times the tree’s market value
• Landowners generally have the right to grow, maintain, or cut down their trees as they see fit
• A landowner who fails to maintain their tree is liable for injuries from the lack of maintenance

Using Fence Viewers for Dispute Resolution

Taking a neighbor to court is not the only option for resolving a property dispute. New Hampshire rules provide for fence viewers to act as impartial mediators. Fence Viewer Committees have been in New England for over 150 years.

The Fence Viewer Committee’s job is to settle disputes over straying livestock, illegally constructed or altered fences, and failure to maintain shared fences. If you choose this route, contact your county’s fence viewer committee to see if they can help resolve your dispute. A fence viewer will come to your property to review the issue and report their findings in the town records.

Fencing Issues in New Hampshire? Get Legal Advice From a Real Estate Attorney

Property line disputes are complex legal matters. It’s not uncommon for these disputes to become personal, making it even harder for property owners to resolve the issue themselves. A local New Hampshire real estate attorney can often help.

Your lawyer can help you file a legal action or negotiate a resolution on your behalf. They can also ensure that your property meets all local zoning ordinances and building codes. Most offer a free case evaluation.

Related FindLaw Resources

• Property Boundaries, Lines, and Neighbors: FAQs
• Adverse Possession