New Hampshire Supreme Court Finds Ambiguity Creates Right of Access to Pond

October 2010Articles Eastern Water Law & Policy Reporter
The New Hampshire Supreme Court was confronted with the question whether a successor owner of a portion of a property had a right of access to a local pond when the predecessor owner of the dominant parcel failed to provide them that right. Finding there was an ambiguity in the manner in which the dominant parcel had been divided and deeded to successor owners, despite any clear grant of a riparian right of access to a local pond (Rocky Bound Pond in Croydon, New Hampshire), the New Hampshire Supreme Court found it's nonetheless to be ambiguous and, therefore, granted the right.