Town of Warren v. Shortt

The defendant, Marjorie Shortt, appeals the decision of the Superior Court {Smith, J.) that the public has acquired a prescriptive easement over a road crossing the defendant’s property located in the Town of Warren (town), and thus the road is a class VI public highway pursuant to RSA 229:1 (1993). We reverse.

*242Mica Road is a gravel road on the north side of Route 25C in the town. The road can be traced as a private right-of-way back to a reserved easement in an 1879 deed. During the first half of this century, the right-of-way benefitted and provided the only means of access to the Mica…