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Nh Nuisance Laws

Harassment, like all legal injustices, must be decided on a case-by-case basis. This is especially true in states like New Hampshire, where population density varies widely. For example, a landlord may be held liable under harassment laws if they shoot a gun in a backyard in a densely populated Manchester city centre, but may not be held liable for the same act if they are on a large property in Nottingham. This chart shows some of the New Hampshire state laws that are relevant to property boundary and fence disputes. Your dispute may also be governed by county, city, or homeowner association rules, which are not listed here. If Wildlife Services is unable to resolve your issues by providing technical information, they can direct you to a list of professional wildlife controllers who can help you solve your annoying wildlife problem for a fee. If harassment is established, a complainant may be entitled to damages and/or injunctive relief. A pesky claim can be difficult to obtain because the claims are often neighborhood disputes and the courts refuse to criminalize them. In addition, many of the alleged harassment are nothing more than mere inconvenience or inconvenience and cannot be implemented. An activity must also be unreasonable to constitute harassment. The conduct is considered inappropriate if the benefits of the action or activity are outweighed by its harm. For example, while the construction of roads outside a person`s home may constitute a significant intrusion into the enjoyment of their property, the work benefits the entire community and is essential to the functioning of a society.

Therefore, the construction would probably not be considered inappropriate. Private harassment is an activity that (1) significantly interferes with the use and enjoyment of the property of others and (2) unreasonably interferes. To be considered material, an activity must have a “significant and appreciable impairment of an ownership interest”. Every landowner has to deal with some inconveniences and disturbances that he does not like: noisy traffic, chainsaw, neighbor`s dog or loud voices. These may be “routine interventions suffered by a land user in an organized society”. Whether an activity is “significant” enough to constitute harassment depends on the scope and intensity of the activity. In general, owners have the right to use their properties as they see fit. However, if this use begins to affect someone else`s property rights, “harassment” can occur. “Harassment” is a particular type of tort or tort, and can be private (infringement of a person`s property rights) or public (infringement of the property rights of the general public).

Noise is a common type of nuisance, as are strong odors and vibrations. What constitutes a nuisance can vary from city to city in New Hampshire: For example, someone shooting a gun in their backyard could be a nuisance in downtown Nashua, but not in rural Amherst. New Hampshire grants all property owners the right to peacefully use, develop and enjoy their properties. However, if the use of their properties by an owner interferes with the rights of the surrounding owners to use, develop and enjoy their properties, the behavior of the disturbing neighbor can sometimes reach the level of a legal nuisance. Under New Hampshire law, a private nuisance (as opposed to a public nuisance) that interferes with the rights of surrounding property owners may include unreasonable noise. inappropriate odor; or inappropriate use, among other acts. When winter storms hit New England, winds can damage trees and fences. When it`s time to clean up and reassemble your property, conflicts can arise over how to share the cost with your neighbors. Fortunately, New Hampshire has detailed property boundaries and fence laws that can help resolve many common neighborhood disputes.

For example, your neighbor may intentionally build a high fence to block your view. The fence is built according to the code with all the necessary permits. It may seem that you have no rights. However, if you can prove that your neighbor acted maliciously, you may be able to declare the fence a nuisance. The court may then order the amendment or removal of the fence. The email address cannot be subscribed. Please try again. This website is protected by reCAPTCHA and Google`s privacy policy and terms of service apply.

Spring. 1951, 52:1. RSA 466:31. 1957, 148:1. 1967, 294:1. 1969, 239:1. 1973, 531:125. 1977, 222:1.

1989, 158:4. 1994, 353:10, 14. 1995, 298:20, entered into force 1 January 1996. 2006, 11:2, entered into force 3 March 2006. 2007, 244:1, entered into force 27 August 2007. New Hampshire`s fence and property boundary law includes state laws, common law enacted by the courts, building codes, and local zoning ordinances. When trying to resolve a dispute with a neighbor, it`s important to determine which rules are authoritative. Another common neighborhood offence is the destruction of property. Generally, destruction of property occurs when a person intentionally or recklessly damages another person`s property without reasonable grounds or right to do so. In New Hampshire, destruction of property can be prosecuted under various statutes, including criminal mischief under RSA 634:2. Welts, White & Fontaine is Nashua`s largest law firm, serving the legal needs of individuals and businesses in cities such as Amherst, Milford, Hudson, Brookline, Windham, Hollis, Merrimack, Litchfield, Bedford, Londonderry, Pelham and, of course, Nashua.

If a neighbor interferes with your property rights, you need to act immediately, even if it`s as simple as planting a tree across the property line. This act is known as “assault” and is a form of trespassing. Under New Hampshire law, private landowners have the right to enforce their property rights in court or through private agreements. One of the most common crimes committed by neighbors is trespassing. Under New Hampshire law, trespassing can occur when a person enters or remains in a place if that person knows they are not authorized to do so. See RSA 635:2, i. So how can neighbors commit trespass? If removing the animal(s) seems like your best course of action, think about or be aware of these important considerations: Fish and Game encourages people experiencing human-animal conflict to contact our damage control partners at USDA Wildlife Services, who can be reached at (603) 223-6832. These professionals have the technical training and experience to adequately assist you in your decision-making process regarding wildlife-related conflicts. It is an essential part of their mission.

Learn more about FindLaw`s newsletters, including our Terms of Use and Privacy Policy. We all love wildlife, but if wildlife is in the wrong place at the wrong time — think bears at your bird feeder, skunks on your porch, or deer in the yard — you need a strategy. When conflicts arise between wildlife and humans, it`s important to remember that there are no “cookbook recipe” solutions. Each wildlife problem is unique and you need to have some understanding of the animal and the control methods available before starting a control strategy. Boundary by Dulescence requires proof of the following facts: To avoid human-animal conflict, it`s important to understand the wildlife you may be dealing with. Keep in mind that the basic requirements for wildlife are food, blanket, and space. The first basic step in controlling a wildlife problem is to keep these wildlife requirements in mind and make thoughtful changes in your own behavior. Does your neighbour`s paper birch make you angry by dropping large piles of leaves in your garden? Do the roots grow up your fence? New Hampshire law allows you to prune a neighbor`s tree to the property line at your own expense.

However, there are a few things to consider before you release the chainsaw: Created by FindLaw`s team of legal writers and editors| Last updated February 28, 2018 If you need technical assistance or assistance for a wildlife conflict in New Hampshire, call USDA Wildlife Services at (603) 223-6832 or contact a wildlife biologist at an NH Fish and Game regional office. The most common way neighbours trespass is to cross the property line between their property and their neighbour`s property when they know such an intersection will occur without the consent of the neighbouring owner.