Property Ownership
A NH property owner's fence is found to encroach 18 inches onto the neighbor's property. The neighbor sues for removal. In NH, the court would likely consider:
AOnly whether the fence is aesthetically pleasing
BThe degree of encroachment, hardship to the parties, good faith, and equitable principles✓ Correct
COnly the recorded survey boundaries with no consideration of hardship
DThe age of the fence as the sole determinative factor
Explanation
NH courts in encroachment cases consider the degree of encroachment, whether the encroachment was intentional, the hardship to the encroaching owner in removal versus the harm to the adjacent owner, and equitable principles. Minor inadvertent encroachments may be resolved by payment of compensation rather than mandatory removal.
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