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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Home » Road Law

New Hampshire Supreme Court Interprets Road Maintenance Release

road maintenance release

In a memorandum opinion dated March 16, 2022, the New Hampshire Supreme Court (the “Court”) issued a ruling in favor of a Plaintiff landowner against the Town of Raymond (the “Town”) concerning the applicability of a road maintenance release.

The agreement at issue was originally entered into in June 1988, when the previous landowner sought to obtain a building … Read the rest

Filed Under: Road Law

What You Should Know About Emergency Lanes in NH

emergency lanes

Normally, an emergency lane of a road is the small lane outside of the outer lane. Emergency lanes are usually not that wide. This is why many people refer to those lanes as the shoulder of the road. However, in the state of New Hampshire, actual roads can be designated as emergency lanes if the situation is warranted. So, what … Read the rest

Filed Under: Private Roads, Road Law

What You Should Know About Access Along Class V Highways to Summer Cottages in New Hampshire

Summer cottages are popular in the state of New Hampshire, as well as many other states. While you may go to visit yours during the summer months, did you ever think of what would happen if you were to try to get there during the winter? Many of these summer cottages are located on Class V highways. And while those … Read the rest

Filed Under: General, Road Law

Private Roads are Getting the Attention and Maintenance They Deserve

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

Filed Under: General, Legislation, Road Law

Creating a Private Road Maintenance Agreement? Reasons Why Forming an Association is Your Best Option

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

Filed Under: General, Legislation, Road Law

Highway Discontinuances are Problematic to NH Property Owners

land use appeals, intestate estate, highway discontinuances

For years, NH property owners have had to defend their properties against overreaching local governments. There is a law in place in New Hampshire from 2006 that states no land can be taken from a property owner to be given for the purpose of private use or development. However, even that law was not enough to prevent a ruling to … Read the rest

Filed Under: Court Updates, General, Road Law

Who Must Contribute to the Maintenance of a Private Road

private road, private roads

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

Filed Under: General, Road Law

Obtaining Approvals to Build on Class VI and Private Roads

private road, private roads

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

Filed Under: Road Law

NHPVRTA Submits Draft Of New Private Roads Bill To NH Senate

private roads, new hampshire courts

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

Filed Under: General, Road Law

Private Road Maintenance Agreements – Reasons to Form an Association

private road maintenance, emergency lane

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

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

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