DUCHESNAYE v. SILVA

No. 78-112.

118 N.H. 728 (1978)

ROSAIRE J. DUCHESNAYE v. CHARLES SILVA & a.

Supreme Court of New Hampshire.

October 30, 1978.


Attorney(s) appearing for the Case

Edward J. Reichert, of Gorham, by brief and orally, for the plaintiff.

Bergeron & Hanson, of Berlin (Arnold P. Hanson, Jr., orally), for the defendant.


GRIMES, J.

This action to quiet title concerns fee and easement rights in an undeveloped street. Two issues are presented: first, whether the trial court erred in finding that the plaintiff has a fee interest in one-half of an undeveloped access street which borders his subdivision lot, and second, whether the court erred in finding that defendant Silva, a subsequent purchaser of abutting lots, has an implied easement to the entire street as an access to his land...

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