Clark v. Neergaard

434 A.2d 599, 121 N.H. 632, 1981 N.H. LEXIS 384
CourtSupreme Court of New Hampshire
DecidedAugust 5, 1981
DocketNo. 80-220
StatusPublished
Cited by2 cases

This text of 434 A.2d 599 (Clark v. Neergaard) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Neergaard, 434 A.2d 599, 121 N.H. 632, 1981 N.H. LEXIS 384 (N.H. 1981).

Opinion

Per curiam.

This appeal arises out of the plaintiffs’ petition for declaratory judgment, injunctive relief, and damages, in which they alleged that they had a right-of-way across property now owned by the defendants. After two days of trial, the Superior Court (Wyman, J.) ruled in the plaintiffs’ favor, and the defendants appealed. We affirm.

The defendants own a parcel of land located in the town of Freedom. Their lot borders Ossipee Lake and is situated at the beginning of a peninsula that extends into the lake. The plaintiffs own a tract of land in the vicinity of the defendants’ property.

Both the plaintiffs’ and the defendants’ lots were at one time owned by S. O. Huckins. On October 25, 1932, while still owning the land presently owned by the defendants, Huckins conveyed the lot now owned by the plaintiffs to Frederick H. Dieterich. In addition to this lot, the deed gave Dieterich “a right-of-way in common with others to the end of Old Eaton Road to Ossipee Lake over land I now own.” In 1944, the administrator of Dieterich’s estate conveyed the property to Lois H. Baxter, who, that same year, conveyed it to the plaintiffs. The deed to Baxter and that to the plaintiffs both contained the following language:

“Giving a right of way in common with others ... to the end of the Old Eaton Road to Ossipee Lake over land of one Huckins.”

The parties agree that the deeds in the plaintiffs’ chain of title give the plaintiffs a right-of-way running from the “end of Old Eaton Road to Ossipee Lake.” They disagree, however, as to the location of this right-of-way. The plaintiffs contend that the parties to the Dieterich deed intended that deed to convey a right-of-way extending over the lot now owned by the defendants to the lake. The defendants, on the other hand, assert that, at the time the right-of-way was originally granted by S. O. Huckins in 1932, Old Eaton Road extended to the tip of the peninsula and that, therefore, the plaintiffs’ right-of-way runs across property located at the peninsula’s end. (See attached map.)

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Related

Sorenson v. Wilson
476 A.2d 244 (Supreme Court of New Hampshire, 1984)
Baker v. McCarthy
443 A.2d 138 (Supreme Court of New Hampshire, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
434 A.2d 599, 121 N.H. 632, 1981 N.H. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-neergaard-nh-1981.