81-year-old facing eviction from cabin he's lived in for 27 years due to trespassing claim

[peppertree]

An 81-year-old man is facing eviction from the small cabin he's lived in for 27 years over a trespassing claim from the owner of the land where his cabin sits.

David Lidstone lives in the woods of New Hampshire along the Merrimack River, with solar panels on his cabin and remaining self-reliant and off the grid by growing his own food, cutting his own firewood, and taking care of his cat and chickens.

After nearly three decades, the current landowner now seeks to tear down Lidstone's cabin.

"River Dave," as he's known by boaters and kayakers, is behind bars after being accused of squatting for 27 years on private property in Canterbury.

Lidstone has been jailed since July 15 on a civil contempt sanction.

At: https://www.newsweek.com/81-year-old-facing-eviction-cabin-hes-lived-27-years-due-trespassing-claim-1616197

Canterbury, NH, resident David Lidstone and his cabin.

Lidstone, who has lived self-reliantly along the Merrimack River for 27 years, claimed that years ago, the owner gave his word — but nothing in writing — allowing him to live there.

In the eyes of the current owner, he's a squatter and needs to go.

But he is not without supporters in the legal battle.

Jodie Gedeon, a kayaker who befriended Lidstone about 20 years ago, is helping by organizing a petition drive and collecting money for property taxes with other supporters.

[CurtEastPoint]

1. oh, FFS. The 'new owner' (fuck him and HE IS 86!) needs to lighten the F up and let him stay.

[peppertree]

3. +1

Heaven forbid the landowner might have 0.2% less income via timber sales - or that his land lose even a dollar in value.

Hell, I'm sure it's gone up in value thanks to all the publicity Lindstone's case has brought him.

Reminds me of an old friend in Laguna Beach, who was being constantly harassed by the greedy homeowners because he lived in his VW bus (a clapboard shack can easily be worth well over a $1 million there).

He kept it - and himself - clean and in good shape; but they weren't having it.

The stress ultimately killed him a few years ago.

[wyn borkins]

2. Can't Be Called A Squatter...As He's Lived There Nearly Thirty Years

A kind individual (there or nearby) might wish to open a GoFundMe page for Mr. David Lidstone who lives in the woods of New Hampshire along the Merrimack River, with solar panels on his cabin and remaining self-reliant and off the grid by growing his own food, cutting his own firewood, and taking care of his cat and his chickens. I sense many would donate to help this person.

[rsdsharp]

4. This sounds like a pretty good case of adverse possession.

In most states if your possession of land is “open, visible, and notorious,” for a continuous specified period of time, you can claim title by right of adverse possession.

If he did nothing to hide his presence for 27 years, the owner knew he was there, and did nothing to contest his presence or claim ownership, the land should be his.

[elleng]

6. THANKS!

Been trying to 'retrieve' that term. Sure sounds 'open, visible, and notorious,' to me, so what's with 'civil contempt???'

[rsdsharp]

7. The only thing I can think is that New Hampshire doesn't

stack adverse possession time from previous owners to new ones. If that’s the case, he would start over with a new owner, and hasn’t met the elements. If he refused to vacate under those circumstances, it could result in contempt.

[elleng]

8. Makes 'sense,' in that respect.

[Effete Snob]

10. He claims he had permission

You can't obtain title through adverse possession if the owner allows you to be there.

https://courts-state-nh-us.libguides.com/adversepossession

"The elements of adverse possession are: the use must be adverse (without permission and hostile to the owner's interests); it must be notorious (the owner has had notice of the use); it must be continuous and uninterrupted; it must be exclusive (not in common with neighbors, or others), and it must be for a period of at least 20 years as defined in the statute of limitations for the recovery of real property (see RSA 508:2, I)."

[Effete Snob]

9. It's not adverse at all

You left out the "adverse" part of adverse possession. If someone allows you to stay on their property, you cannot gain title through adverse possession.

"claimed that years ago, the owner gave his word — but nothing in writing — allowing him to live there"

Here is the complete definition, and other particulars about New Hampshire:

https://courts-state-nh-us.libguides.com/adversepossession

"The elements of adverse possession are: the use must be adverse (without permission and hostile to the owner's interests); it must be notorious (the owner has had notice of the use); it must be continuous and uninterrupted; it must be exclusive (not in common with neighbors, or others), and it must be for a period of at least 20 years as defined in the statute of limitations for the recovery of real property (see RSA 508:2, I)."

His admission that the owner allowed him to live there defeats any claim to adverse possession.

[elleng]

5. 'jailed since July 15 on a civil contempt sanction.'

So THAT's how they do it in New Hampshire.

Live Free or Die

The words "Live Free or Die," written by General John Stark, July 31, 1809, shall be the official motto of the state. It was the 1945 Legislature that gave New Hampshire its official motto and emblem, as World War II approached a successful end.

[PoindexterOglethorpe]

11. Why all the praise for a squatter?

I don't get it.

Maybe the current owner should simply calculate back rent and send him the bill.

[XanaDUer2]

12. For crissakes

let him live there until he dies