HB 1201 - AS INTRODUCED

2003 SESSION

03-2183

05/10

HOUSE BILL 1201

AN ACT prohibiting the application of the doctrine of adverse possession or prescription when boundary lines can be proven by a preponderance of the evidence.

SPONSORS: Rep. Bickford, Straf 68; Rep. Bruno, Hills 45

COMMITTEE: Judiciary

ANALYSIS

This bill prohibits the application of the doctrine of adverse possession or prescription when boundary lines can be proven by a preponderance of the evidence.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2183

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT prohibiting the application of the doctrine of adverse possession or prescription when boundary lines can be proven by a preponderance of the evidence.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Proof Required to Defeat a Claim for Adverse Possession and Prescription. Amend RSA 508 by inserting after section 2 the following new section:

508:2-a Proof Required to Defeat a Claim for Adverse Possession and Prescription. An action for adverse possession or prescriptive easement shall not be successful when the boundary lines of the owner of record can be proven by a preponderance of the evidence. Nothing in this section shall otherwise prohibit an action to quiet title to the property.

2 Effective Date. This act shall take effect January 1, 2005.