In the state of New Hampshire, you can find yourself driving along state highways and public roads. The state maintains the highways and some of the public roads, while the towns maintain all of the other public roads. But did you also know that you may find yourself driving down a private road on occasion in this state??
There … Read the rest
New Hampshire has a new law on the books, and it states that most private roads must have a maintenance agreement. We understand why having an agreement is important. However, an agreement can still create problems. Therefore, we recommend creating an association to ensure there is an extra layer of protection for every person involved.
When you create an association, … Read the rest
Private roads are nice to have, because they often have very little traffic. Plus, they can help you reach your property easier. However, a private road can be an inconvenience at times, especially when it comes to the maintenance of the road. So many people believe it is up to the town, city, or state to do road maintenance. However, … Read the rest
Obtaining approvals to build on Class VI and private roads in New Hampshire can be difficult. RSA 674:41 generally prevents New Hampshire municipalities from issuing building permits for structures, unless the street giving access to the lot is a Class V or better highway. Therefore, most local building permit applications for development on Class VI or private … Read the rest
New Hampshire Private Road Taxpayers Alliance (NHPVRTA) is a NH domestic nonprofit corporation. It advocates for the rights of private road property owners. Private roads can be dirt, gravel or paved and can be found in the mountains, at beaches, lakes, and in cities and towns. Private roads can have a single residence, a few, or many residents as in … Read the rest
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. Having an agreement is an important step. However, creating an association can greatly simplify the administration and enforcement of private road maintenance agreements.
Consider … Read the rest
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 … Read the rest
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. For … Read the rest
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. An example is 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 … Read the rest
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.
The private road maintenance law began as SB 39 and finished as Chapter 308, Laws of 2019. This session marked … Read the rest
