The Impact of Wallace v. Fletcher on Property Rights: A Look at New Boston, NH

In 1855, in the quiet town of New Boston, New Hampshire, a significant legal case unfolded. This case, Wallace v. Fletcher, dealt with a battle over river water and became one of the state's most crucial easement cases. It revolves around the story of a gristmill and a fulling mill on the Piscataquog River. At its core, this case centers on a unique property right known as the prescriptive easement.

Understanding Easements in New Hampshire

New Hampshire law identifies three basic types of easements:

• Express Easement – This is written directly into a deed. Think of it as a clear contract specifying boundaries.

  
  

• Implied Easement – This type arises indirectly. It is evidenced by a planned subdivision and shows an intent to allow specific usage over time.

  
  

• Prescriptive Easement – The wild card in property law. It forms when someone uses another’s land or water openly, continuously, and without permission for 20 years.

  
  

The Beginning of a Water Rivalry

The year is 1804. Mr. Lincoln established a gristmill on the Piscataquog River. He built 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. This mill was used to pound cloth with diverted water. Both mills depended on the same water, but only one controlled the flow.

As time passed, the gristmill's owners began closing the head gates during low water. Unfortunately, Kelso had no say in this decision. For 20 years, this imbalance persisted.

The Legal Battle Begins

Eventually, the dispute led to a lawsuit. At the center of the case was the prescriptive easement, which determined who had the right to control water flow.

The Importance of Wallace v. Fletcher

By 1855, the New Hampshire Supreme Court faced a pivotal question: Can someone earn a legal right to control another’s water by simply using it without permission for a long time?

The answer was affirmative. The long-established use of water by the gristmill owners—spanning over two decades—granted them a legal right. This was despite the absence of a deed or formal agreement. The law effectively presumed an easement had been established over time.

The 20-Year Rule Explained

The 20-year rule isn’t arbitrary; it originates from Roman law:

• 10 years of use was allowed when both parties lived in the same area (inter praesentes).

• 20 years applied when the parties lived apart (inter absentes).

  
  

This Roman doctrine, known as usucapio, translates to acquisition of ownership through long possession. It was adopted into English common law and later inherited by New Hampshire. The underlying principle is straightforward: the law rewards stability. If no one objects for 20 years, the courts will support the established use.

What We Can Learn About Easements

• Act Openly: If you’re using someone else’s land, do it openly, consistently, and without asking for permission.

• Document Usage: If someone’s using your land, be proactive. Interrupt the use, document it, or give written permission to halt the prescriptive clock.

• Recognize the Danger of Time: In both scenarios, time is the most critical factor in real property law.

  
  

FAQs About Easements

Can a seasonal road create a prescriptive easement?

Yes, it can. If the road is used consistently and visibly, even part of the year, it may qualify.

Does the clock restart when land changes ownership?

No, the prescriptive use period remains intact regardless of ownership transfers.

Is a prescriptive easement the same as ownership?

No, it grants the right to use, not own. However, it can significantly impact property value and control.

Final Thought: The Law Rewards the Watchful

The gristmill didn’t win the lawsuit due to a superior lawyer. It won because it observed and acted as if it had rights for 20 years.

If you're unsure whether an easement has developed—or wish 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, seeking early legal insight is critical.

📞 Call Apis Law – New Hampshire Easement Lawyer

📍 Serving property owners in New Boston, Hillsborough County, and throughout southern NH

📅 Schedule a consultation today to protect your land from invisible threats.