From: James B. and Mary E. Cutter
86 Palm St., P.O. Box 69-Nashua, NH 03061. Ph. 889-4246
Date: August 9, 2016
To: Alderman~At-Large Brian S. McCarthy, President, BOA.
Cc: Jim Donchess, Mayor, Steve Bolton, Corporation Counsel,
Thomas Lopez, Alderman, Ward 4.
Subject: The Gilbertson Family is guilty of RSA 635:2 Criminal
Trespass by taking more land than they owned when not
honoring the 1949 Piats ordinance.
Dear President McCarthy,
Since 12/ 3/1888, our deed has had 30' instead of 33' for a 3!
long gap. Those familiar with our property and the neighborhood
know it is common to have a.10' wide driveway.
On 2/17/62. The Desrosiers Family had lived in our house for 20
years and as a resuit eliminated the 3' long gap.
RSA 508:2(1) Real Actions(Adverse Possession) has 'No action for
recovery of real estate shall be brought after 20 years', etc..
Our deed begins east side of Palm St., goes east, south, west and
north to the beginning.
On 1/12/68. James L. and Annette R. Gilbertson bought 88 Palm St.
not aware 86 Palm St. had been cleared of the gap. Also, they did
not know driveways can not be taken by another person.
On 5/13/71. A building permit was given to Jim Gilbertson of ©
88 Palm St. that was added to the 1950 permit for Leo Caron giving
Gilbertson the impression the City thought he owned part of our
driveway and clothesline area.
With that in mind, sometime in March 1973, when our property was
vacant and ground had thawed following Joseph Desrosiers’ passing
on 12/23/72, Jim Gilbertson installed a fence to match the false
actual dimension on his 1971 building permit.
In September 2006, I asked Angelo Marino of the Assessing Dept. to
have the 88 Palm St. Tax Map corrected to read 51' and it has been
that way since 2007. We are paying the property taxes on our
driveway and do not want the Gilbertsons trespassing on our land.
The Gilbertson Family is guilty of RSA 635:2 Criminal Trespass
taking more land than they owned by claiming 53.57' instead of the
51' actual dimension when not honoring the 1949 Plats ordinance.
The Gilbertsons need to be informed that both of the ordinances
just mentioned need to be enforced per Section 45, City Charter or
RSA 45:8, Supervision.
Sincerely, (Over)
yo
