Edward E. Favart v. Steven M. Ouellette & a.

Summary

The New Hampshire Supreme Court affirmed the trial court’s finding that an implied easement exists over the plaintiff’s land to allow the defendants access to the Sip Pond beach area and that the easement passes with the land under RSA 477:26. It reversed the trial court’s determination that the installation and use of a dock was within the scope of that easement and remanded for further proceedings on that issue. The Court applied the Choquette test for implied easements and reviewed the legal conclusions de novo while deferring to the trial court’s factual findings.