Cited by

e of the Property from the State to [the tenants-in-common] and the period for establishing prescriptive rights was running.” However, the burden was on the City to prove by the balance of probabilities twenty years of adverse, continuous, uninterrupted use of the land claimed “in such a manner as to give notice to the record owner that an adverse claim was being made to it.” Ucietowski v. Novak, 102 N.H. 140, 144 (1959).

The determination of whether the use of a property has been adverse or permissive is a matter of fact to be determined by the trial court.

“The nature of the use must be such as to show that the owner knew or ought to have known that the right was being exercised, not in reliance upon his toleration or permission, but without regard to his consent.” Ucietowski v. Novak, 102 N.H. 140, 144-45 (1959).

Avery v. Ranches, 123 N.H. 233, 238 (1983) (element of adversity is a question of fact); see Ucietowski v. Novak, 102 N.H. 140, 145 (1959); Newmarket Manufacturing Co. v. Pendergast, 24 N.H. 54, 63 (1851); Atherton v. Johnson, 2 N.H. 31, 35 (1819).

Whether a use of property is adverse is an issue of fact.

While the fact that the owner was also using the premises for the same purposes would not prevent a finding of adverse use by the general public, Elmer v. Rodgers, 106 N.H. at 515, 214 A.2d at 752, “[a] permissive use no matter how long or how often exercised cannot ripen into an easement by prescription.” Ucietowski v. Novak, 102 N.H. 140, 145, 152 A.2d 614, 618 (1959).

ties “twenty years’ adverse, continuous, uninterrupted use of the land [claimed] in such a manner as to give notice to the record owner that an adverse claim [is] being made to it.” Page v. Downs, 115 N.H. 373, 374, 341 A.2d 767, 768 (1975); Arnold v. Williams, 121 N.H. 333, 334, 430 A.2d 155, 156 (1981); Williams v. Babcock, 116 N.H. 819, 823, 368 A.2d 1168, 1170 (1976); Ucietowski v. Novak, 102 N.H. 140, 144, 152 A.2d 614, 618 (1959); Gowen v. Swain, 90 N.H. 383, 385-86, 10 A.2d 249, 251 (1939

The nature of the use must [have been] such as to show that the owner knew or ought to have known that the right was being exercised, not in reliance upon his toleration or permission, but without regard to his consent.” Ucietowski v. Novak, 102 N.H. 140, 144-45, 152 A.2d 614, 618 (1959) (emphasis added) (citations omitted).

Town of Weare v. Paquette, 121 N.H. 653, 657, 434 A.2d 591, 594 (1981); Ucietowski v. Novak, 102 N.H. 140, 144, 152 A.2d 614, 618 (1959).

Ucietowski v. Novak, 102 N.H. 140, 145, 152 A.2d 614, 618 (1959) (permissive use cannot ripen into an easement by prescription).

Ucietowski v. Novak, 102 N.H. 140, 145, 152 A.2d 614, 618 (1959); Gowen v. Swain, 90 N.H. 383, 386, 10 A.2d 249, 251 (1939).

The burden was on the plaintiffs to prove by a balance of probabilities twenty years’ adverse, continuous, uninterrupted use of the land they claim in such a manner as to give notice to the record owner that an adverse claim was being made to it.

New England Box Co. v. Wood, 81 N.H. 124, 123 A. 826 (1923); Rosenblatt v. Kizell, 105 N.H. 59, 192 A.2d 613 (1963); Ucietowski v. Novak, 102 N.H. 140, 152 A.2d 614 (1959).