What Are the Squatters Rights in New Hampshire?
- You can claim a parcel of land by just residing on it, for 20 years.band of land image by Chris Holmes from Fotolia.com
New Hampshire has set forth laws to protect deed holders, by having some of the lengthiest 'squatter's rights' clauses in the nation. Squatters rights refer to the legal term "adverse possession," which is a hostile taking of land by possession. In order to take the land in this fashion, you must have a true strength of will, as it is not an easy process. - In New Hampshire, you must possess the land for 20 years in order to claim the land as your own. This means you must be living consistently on the land for that period of time. Different people could argue how long you may be off the land at any given time, for things, such as traveling or work, which might require you vacate the premises for any length of time. As long as your things remain behind, most would consider this still occupying, though this has not been made clear by the letter of New Hampshire law.
- The "squatting" must be open and is often times considered hostile. If you in any way have permission to be on the land it does not count as adverse possession, thereby it does not count towards the 20 years you must put in to claim the land. As this is considered "open and notorious" ownership, you should do everything you can in order to make certain that everyone knows you are possessing the land, including having mail delivery start to the property if possible.
- New Hampshire does require the same waiting period whether it is "under color of title," which would mean you believe you have some right to possess the land, or not. Some states allow for two different time frames, this is not the case in New Hampshire. "Under color of Title," would encompass believing the current deed was not properly executed. This would include things, such as the property was illegally acquired, never fully paid for, or stolen in some form or another. This could be directly from you or from someone in your family where you would have a claim through lineage.
- During the 20-year time period, you are required to make improvements to the land. As these rights lie in the spirit of the pioneer times, this was written into the law. The laws were designed for people to be able to earn land through work and effort, especially since many plots of land were currently unowned. After the time period passes you must file for title with the county recorder, and the current owner has a limited amount of time to challenge such a claim, in New Hampshire specifically, five years.