New Hampshire
How Empire Gas Corp. v. American Bakeries Co. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Other.
New Hampshire recognizes the principle of implied easements for commercial properties, similar to the ruling in Empire Gas Corp. v. American Bakeries Co. The state's courts apply the doctrine of necessity and reasonable use standards to evaluate whether an implied easement exists.
In New Hampshire, an implied easement can be established when the prior use is apparent, continuous, and necessary for the use and enjoyment of the property.
Held that an implied easement was established based on prior continuous use promoting reasonable access.
Affirmed that implied easements could arise where there was a longstanding beneficial use by the dominant estate.
Established that courts must consider evidence of necessity alongside reasonable usage patterns to evaluate easement claims.
New Hampshire's approach to implied easements closely aligns with the federal common law standard set out in Empire Gas Corp. but places more emphasis on necessity in specific contexts. While federal courts typically focus on intent, New Hampshire's courts have a more structured evaluation of prior use patterns and their impact on property rights.
The principles from Empire Gas Corp. v. American Bakeries Co. concerning implied easements may appear on the New Hampshire bar exam, particularly under property law sections.