ELLIOTT v. FERGUSON

No. 4995.

104 N.H. 25 (1962)

MILTON E. ELLIOTT v. GORDON M. FERGUSON.

Supreme Court of New Hampshire.

Decided January 29, 1962.


Attorney(s) appearing for the Case

Wyman, Bean & Tefft (Mr. Wyman orally), for the plaintiff.

Tiffany & Osborne (Mr. Tiffany orally), for the defendant.


BLANDIN, J.

The fundamental question posed by the agreed facts is whether the plaintiff has a right of way of necessity across the defendant's land.

The law in this state is in accord with what we consider the more sensible rule that reasonable necessity is required to create a presumption of an implied grant of a way of necessity. See Goudie v. Fisher, 79 N.H. 424, 425; Farmington Library Association v. Trafton, 84 N.H. 29, 31...

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