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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Hillsborough-southern judicial district No. 2005-669 BLAGBROUGH FAMILY REALTY TRUST v. A & T FOREST PRODUCTS, INC. & a.

Argued: November 8, 2006 Opinion Issued: February 28, 2007 Cleveland, Waters and Bass, P.A., of Concord (William B. Pribis on the brief and orally), for the plaintiff. Wiggin & Nourie, P.A., of Manchester (Patricia M. Panciocco and Gregory E. Michael on the brief, and Mr. Michael orally), for defendant A & T Forest Products, Inc. Fernald, Taft, Falby & Little, P.A., of Peterborough (Silas Little on the brief and orally), for defendant Town of Wilton. DUGGAN, J. The plaintiff, Blagbrough Family Realty Trust (Blagbrough), and defendant A & T Forest Products (A & T) cross-appeal an opinion and order of the Trial Court (Lynn, C.J.), on two consolidated cases: (1) an appeal from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Wilton (Town)

granting a building permit to A & T; and (2) a petition to quiet title. We affirm in part, reverse in part, and remand. I. Background Litigation involving the parties and the land here at issue was the subject of two previous opinions of this court. See Blagbrough Family Realty Trust v. Town of Wilton, 153 N.H. 234 (2006); Blagbrough v. Town of Wilton, 145 N.H. 118 (2000). Here we recite the facts pertinent to this appeal as found by the trial court. Blagbrough owns real property located at 293 Burton Highway in Wilton, which is identified on the Town's tax map as Lot A-22. A & T owns an adjoining parcel, identified on the Town's tax map as Lot A-21, and had obtained approval to subdivide it into two lots: Lots A-21-1 and A-21-2. Both Lot A-22 and Lot A-21 are bounded to the north by Old Peterborough Road and were at one time under the common ownership of John and Anne Dimeling. A & T also owns another parcel identified as Lot A-30, which is situated north of Old Peterborough Road. A & T acquired Lots A-21 and A-30 on February 20, 2001, by warranty deed from heirs of the Dimelings. Blagbrough acquired Lot A-22 from the Dimelings by warranty deed dated September 16, 1963. The deed for the Blagbrough parcel contains a typed paragraph indicating that the conveyance included a canal easement with certain flowage rights therein. However, a line was drawn through the canal easement paragraph and a handwritten notation was inserted. It reads, "Above paragraph deleted

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