TITCOMB v. ANTHONY

No. 84-209.

126 N.H. 434 (1985)

DAVID R. TITCOMB & a. v. DORIS V. ANTHONY

Supreme Court of New Hampshire.

April 19, 1985.


Attorney(s) appearing for the Case

Hatfield & Bosse P.A., of Hillsborough (Leigh D. Bosse on the brief and orally), for the plaintiffs.

Brown & Nixon P.A., of Manchester (Frank E. Kenison on the brief and orally), for the intervenors, George and Ruth Tewksbury.

Brighton, Fernald, Taft & Hampsey P.A., of Peterborough (Silas Little, III, on the brief and orally), for the defendant.


BROCK, J.

At issue in this case is the status of an easement for a right of way over the defendant's land. The Master (Charles T. Gallagher, Esq.), whose report was approved by the Superior Court (Flynn, J.) on March 29, 1984, found that an easement by grant had once existed, but that the easement had been extinguished by adverse possession. We hold that on the evidence in the record no more than a partial extinguishment of the easement could have occurred...

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