Easement Wars in New Boston: How One River Dispute Forged a Landmark 20-Year Rule
- Keith Diaz
- 2 days ago
- 3 min read
Updated: 1 day ago
In 1855, the quiet town of New Boston, New Hampshire, a battle over river water became one of the state's most important easement cases: Wallace v. Fletcher. It is the story of a gristmill and a fulling mill on the Piscataquog River. It’s all about the most unpredictable kind of property right: the prescriptive easement.
What Is an Easement?
New Hampshire law recognizes three basic types of easement:
Express Easement – Written into a deed. Think contracts and clear boundaries.
Implied Easement – Arises by implication, evidenced by a planned subdivision of property with longstanding usage, evidencing an intent to permit a use.
Prescriptive Easement – The wild card. Created when someone uses another’s land (or water) openly, continuously, and without permission for 20 years.
A Dam, a River, and Two Rival Mills in New Boston
The year is 1804. Mr. Lincoln built a gristmill on the Piscataquog River, complete with a dam that crossed to the other side of the river.
In 1807, on the other side of that same dam, John Kelso constructed a fulling mill, pounding cloth using diverted water. But both mills depended on the same water, and only one controlled the flow.
When the gristmill owners began closing the head gates during low water, Kelso had no say. And for 20 years, this imbalance remained.
Then came the lawsuit. And the prescriptive easement decided the dispute over who controlled the water flow.
Why Wallace v. Fletcher Still Matters
By 1855, the New Hampshire Supreme Court had to answer this: Can someone earn a legal right to control another’s water simply by using it, without permission, for a long time?
Answer: Yes. The gristmill’s long, dominant use of water—unchecked for more than two decades—gave them a legal right, even though there was no deed or agreement. The law presumed an easement had been granted over time.
Why the Law Uses 20 Years
The 20-year rule isn’t random. It dates back to Roman law:
10 years of use when both parties lived in the same area (inter praesentes),
20 years when they lived apart (inter absentes).
This Roman doctrine usucapio (translated: acquisition of ownership through long possession) was adopted into English common law and ultimately inherited by New Hampshire. The idea is simple: the law rewards stability. If no one objects for 20 years, the courts will.
Easement Lessons from the River
If you’re using someone else’s land, do it openly, consistently, and without asking.
If someone’s using your land—interrupt it, document it, or give written permission to stop the prescriptive clock.
In both cases, time is the most dangerous force in real property law.
FAQs About Easements
Can a seasonal road create a prescriptive easement?
Yes—if it’s used consistently and visibly, even if only during part of the year.
Does the clock restart when land changes owners?
No. The prescriptive use period continues regardless of ownership transfers.
Is a prescriptive easement the same as ownership?
No. It gives the right to use, not own. But it can drastically affect property value and control.
Final Thought: The Law Rewards the Watchful
The gristmill didn’t win because it had a better lawyer. It won because it paid attention and acted like it had the right for 20 years.
If you’re unsure whether an easement has formed—or want to stop one—don’t wait until year 19.5.
✅ Call to Action: Protect Your Rights Before Time Runs Out
Do you have questions about an easement on your property in New Hampshire? Whether you’re trying to prevent, enforce, or understand a prescriptive easement, early legal insight is critical.
📍 Serving property owners in New Boston, Hillsborough County, and throughout southern NH
📅 Schedule a consult today to protect your land from invisible threats.
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