Must an easement appurtenant be written and recorded in New Hampshire?

No. While recording an easement in a deed is strongly recommended, New Hampshire law allows valid easements appurtenant to exist without being written or recorded. These easements may be established through historical use and other legal doctrines.

Why are unwritten easements risky?

Unwritten easements often lead to expensive legal disputes. Proving their existence typically requires historical evidence such as photographs, land use changes, monuments, and witness testimony, which can make litigation complex and costly.

Do easements in gross transfer with the land in New Hampshire?

Generally, no. In New Hampshire, easements in gross are usually personal to the holder and do not automatically transfer with the land. New Hampshire courts have not broadly accepted that easements in gross should run with the land.

How can an easement affect my use of my property?

An easement may limit where you can build, fence, or otherwise use your land. Utility easements, in particular, may grant access rights allowing entry onto your property for maintenance or repairs.

Why is it important to understand easements before buying or selling property?

Easements can affect property value, development potential, and future use. Failure to identify or understand easements before a transaction may result in unexpected restrictions or legal disputes.

How can I find out if there is an easement on my property?

Easements may be found in deeds, prior conveyances, subdivision plans, or Registry of Deeds records. Because not all easements are recorded, consulting a real estate attorney is often necessary to determine whether an easement exists and is enforceable.

Understanding Easements: A Key to Real Estate Transactions

Q: Does an easement mean I no longer own my property?

No. An easement does not change ownership of the land. The property owner continues to own the property, subject only to the specific rights granted by the easement.

Q: What are the two main types of easements in New Hampshire?

The two primary types of easements in New Hampshire are easements appurtenant and easements in gross. Each type differs based on whether the easement benefits a parcel of land or a specific individual or entity.

Q: Do easements appurtenant transfer when property is sold?

Yes. Easements appurtenant run with the land and automatically transfer to new owners of the benefited property, provided the easement is legally valid.

Keith Diaz
Dec 27, 2025
5 min read

What is an Easement?

In simple terms, an easement is a legal right that allows someone else to use a portion of another's land for a specific purpose. A common example of an easement is when a neighbor has the right to cross your property to reach a public road or highway. While the easement grants the right to use the land, it does not transfer ownership of the land itself. The property owner retains full title to the property, while the easement grants another party the right to use the owner's property.

The Two Types of Easements in New Hampshire: Appurtenant and Gross

Appurtenant Easements

An appurtenant easement benefits a piece of property. Common examples of appurtenant easements include driveway easements and access easements. For instance, if you live on a property that does not have direct access to a public road, you might have an appurtenant easement allowing you to cross a neighbor's land to reach the street. The neighbor's land benefits your land because it provides access to the street and is considered "appurtenant" to your land.

Photo of a seasonal dock located off a beach in New Hampshire.

In contemporary land transactions, appurtenant easement agreements are written in a deed, known as an expressly deeded easement. The easement should be recorded in the registry of deeds. This is a very effective way to ensure that easement rights are known to all, preventing confusion and, hopefully, legal disputes with neighbors.

However, under New Hampshire law, a valid and enforceable appurtenant easement does not have to be expressly written or recorded in the registry of deeds. It is not uncommon for landowners in New Hampshire to have easements appurtenant that are not written in deeds.

When a dispute arises over an unwritten easement, litigation can be very expensive. Proof is primarily based on prior use, evidenced by photographs, changes in the land, monuments, and testimony. This year, I had the opportunity to represent a client in deciding his rights to use a beach and a dock on a very popular lake in New Hampshire. The evidence in the case dates back to 1902! The trial took eleven days. We won! Read about the trial strategy ----> HERE

Easements in Gross

An easement in gross benefits a specific person or entity rather than a parcel of land. Utility companies, for example, often have easements in gross that allow them to install, maintain, and repair infrastructure like power lines or pipelines on private property.

Unlike appurtenant easements, easements in gross are typically not transferred with the property. They are generally personal to the individual or company that holds the easement. In New Hampshire, easements in gross do not automatically transfer with the land, unlike in some other states. Legal challenges have arisen in the state regarding whether these easements should be transferable, but NH courts have not widely accepted that easements in gross should run with the land.

Click ----> HERE to read about another Apsi Law litigation win involving a dispute over whether a shared driveway was an easement appurtenant or in gross.

Why It Matters

Understanding the type of easement on your property is essential for several reasons. For example, if you have an appurtenant easement, you need to be aware of the rights of the person or entity using the easement, especially if you’re planning to sell your property. On the other hand, easements in gross may limit how you use your land, especially if a utility company has access rights for infrastructure.

If you are unsure about what type of easement exists on your property or need clarification on the legal details, it’s crucial to consult a real estate professional or attorney. Knowing your rights and responsibilities can help you avoid unexpected legal disputes and make informed decisions about your property.

Click ----> HERE to read about another Apsi Law trial win involving a dispute over a water line easement.

The Importance of Legal Guidance

Easements play a significant role in property ownership in New Hampshire. By understanding the difference between appurtenant easements and easements in gross, you can avoid misunderstandings and protect your property rights. Whether you have an easement on your land or are concerned about one on a neighboring property, seeking professional guidance is always a good idea.

If you're unsure about an easement on your property, don’t hesitate to reach out to Apis Law for assistance in determining your rights and options. Understanding easements is crucial for making informed decisions in real estate transactions.

Conclusion

In conclusion, easements are a critical aspect of property ownership that can significantly impact your real estate decisions. By familiarizing yourself with the types of easements and their implications, you can navigate the complexities of property rights more effectively. Whether you are buying, selling, or simply managing your property, knowledge is power. Make sure to consult with professionals to ensure you fully understand your rights and responsibilities regarding easements.

Frequently Asked Questions About Easements in New Hampshire

What is an easement?

An easement is a legal right that allows someone other than the property owner to use a portion of the owner’s land for a specific purpose. The easement does not transfer ownership of the land. The property owner retains full title, while another party holds a limited right of use, such as access, utilities, or maintenance.

Does an easement mean I no longer own my property?

No. An easement does not change ownership. You continue to own the land subject to the easement, but your use of the property may be limited to the extent necessary to honor the easement rights.

What are the two main types of easements in New Hampshire?

New Hampshire recognizes two primary types of easements:

1. Easements Appurtenant

2. Easements in Gross

Each type carries different legal implications depending on who benefits from the easement.

What is an easement appurtenant?

An easement appurtenant benefits a specific parcel of land rather than a specific person. Common examples include driveway easements, access easements, and shared rights-of-way. These easements typically exist to benefit land that lacks direct access to a public road or essential services.

Do easements appurtenant transfer when property is sold?

Yes. Easements appurtenant “run with the land.” This means that when the benefited property is sold, the easement automatically transfers to the new owner, even if the deed does not restate it—provided the easement is legally valid.

Must an appurtenant easement be written and recorded?

While best practice is to have appurtenant easements expressly written in a deed and recorded at the Registry of Deeds, New Hampshire law does not require this. Valid appurtenant easements can exist without being written or recorded, based on historical use and legal doctrines such as implication or prescription.

What is an easement in gross?

An easement in gross benefits a specific individual or entity rather than a parcel of land. Common examples include utility easements that allow power companies, cable providers, or municipalities to install and maintain infrastructure on private property.

Do easements in gross transfer with the land?

Generally, no. In New Hampshire, easements in gross are typically personal to the holder and do not automatically transfer upon property ownership change. Unlike some other states, New Hampshire courts have not broadly accepted that easements in gross should run with the land.

When should I consult a real estate attorney about an easement?

You should consult an attorney if:

• You discover a potential easement affecting your property

• A neighbor claims access rights you dispute

• You plan to buy, sell, or develop property

• You are involved in an easement-related dispute

Early legal guidance can prevent costly mistakes and prolonged litigation.

How can Apis Law help with easement issues?

Apis Law assists clients throughout New Hampshire with identifying, enforcing, defending, and resolving easement issues. Whether the matter involves a recorded easement, a historical right-of-way, or a disputed claim, we help property owners understand their rights and protect their interests.