Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
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You are here: Home / Archives for Road Law

Private Road Maintenance Agreements – 3 Reasons You Should Form an Association

In previous blogs, we addressed the difference between a private road and an easement, New Hampshire’s new law mandating residential private road maintenance in certain situations and what private road maintenance agreements should include. While having an agreement is an important step, creating an association can greatly simplify the administration and enforcement of private road maintenance agreements.

Consider … Read the rest

Filed Under: General, Legislation, Road Law Tagged With: not-for-profit corporation, private road, private road maintenance agreement, road, road maintenance, road maintenance agreement, RSA 292

Private Road Maintenance Agreements – What Should They Include?

You live on a private road.  It snows.  Now what?

If you do not have a private road maintenance agreement, New Hampshire law requires each residential owner to “contribute equitably to the reasonable cost of maintaining the private road.”  Easier said than done.  Figuring out each person’s equitable share, and then chasing people for payment, can be cumbersome.

One solution … Read the rest

Filed Under: General, Road Law Tagged With: private road, private road maintenance agreement, road, road maintenance, road maintenance agreement

Five Things You Need to Know About Private Roads

  1. What is a private road? A private road is a road over which a limited number of people have the right to pass.  In contrast, public roads are roads over which the entire travelling public have the right to pass.  Private roads often are created with a written easement, but they also can be created without a written easement. 
… Read the rest

Filed Under: Road Law Tagged With: Class VI road, easement, private road, road, road maintenance, road maintenance agreement

What is the Difference Between a Private Road and an Easement?

An access easement is a right to pass over someone else’s property for – you guessed it – access.  Other types of easements exist that are not for access, such as an easement to place and operate a cell tower on someone’s land.  A private road also provides access to one’s land.

Generally, only a limited number of people may … Read the rest

Filed Under: Legislation, Real Estate Law, Road Law Tagged With: Class V road, Class VI road, easement, private road, road, road maintenance

Private Road Maintenance and Highway to Summer Cottages Bills Become Law

Two important road bills became law this session.  One imposes an obligation on certain parties to contribute toward maintenance of private roads.  The other allows municipalities to extend the “winter” period for highways to summer cottages.

Private road maintenance

The private road maintenance law began as SB 39 and finished as Chapter 308, Laws of 2019.  This session marked … Read the rest

Filed Under: General, Legislation, Road Law Tagged With: Class V road, Class VI road, easement, highway to summer cottages, private road, road, road maintenance

Two Road Bills Being Considered in Concord

The General Court is considering two bills of note dealing with roads this year.  One bill would affect the non-maintenance period for highways to summer cottages, and the other is a renewed effort to impose maintenance obligations on owners of residential property on private roads.

Highways to Summer Cottages

Municipalities are exempt from maintaining highways to summer cottages from December … Read the rest

Filed Under: Road Law Tagged With: Class V roads, Class VI roads, highway to summer cottages, private roads, road maintenance, roads easements

What is an Emergency Lane?

Both Class V and Class VI roads are public roads, meaning the entire traveling public have the right to use them.  The big difference between the two is that municipalities have the obligation to maintain Class V roads, but not Class VI roads.  Maintenance can be expensive, so municipalities often try to keep the number of Class V roads to … Read the rest

Filed Under: Road Law Tagged With: Class VI roads, emergency lane, public roads, road repair responsibility, roads needing repair

Real Property Law: Private Roads Are Getting Public Attention

Originally published in New Hampshire Bar Association News – May 17, 2017 By: Paul Alfano

Along with state highways, town-maintained public roads, and non-town-maintained public roads, New Hampshire has something else: private roads.

While an important and desirable part of the rural landscape, private roads can lead to certain inconveniences. An abutter to a private road wishing to obtain a … Read the rest

Filed Under: Road Law

May 2017 NH Real Estate Law Alert – Gates and Bars; Real estate right of first refusal; Big Green frat boys lose twice

May 2017 NH Real Estate Law Alert – Gates and Bars; Real estate right of first refusal; Big Green frat boys lose twice

Upcoming Event:

On June 12 & 13 Paul Alfano will be speaking at Real Estate Book Camp, a comprehensive two-day seminar sponsored by the National Business Institute and featuring ten noted New Hampshire attorneys.  Paul is scheduled to speak on “Tax Matters in Real Estate,” with a focus on how property owners can reduce their property tax liability.… Read the rest

Filed Under: General, Legislation, New Hampshire Property Tax Alerts, Property Tax Law, Real Estate Law, Road Law

April 2017 NH Real Estate Law Alert – Private road maintenance; Education property tax exemption; Amazing but true – monkey selfies

April 2017 NH Real Estate Law Alert – Private road maintenance; Education property tax exemption; Amazing but true – monkey selfies

Upcoming Event:

On June 12 & 13 Paul Alfano will be speaking at Real Estate Book Camp, a comprehensive two-day seminar sponsored by the National Business Institute and featuring ten noted New Hampshire attorneys.  Paul is scheduled to speak on “Tax Matters in Real Estate,” with a focus on how property owners can reduce their property tax liability.… Read the rest

Filed Under: General, Legislation, New Hampshire Property Tax Alerts, Property Tax Law, Real Estate Law, Road Law

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