Private Roads in NH Series – Part I
Do you need a private road maintenance agreement?
Private roads, while essential, can pose all sorts of problems for residential property owners and developers. Perhaps the most significant problem facing any private road is the absence of municipal maintenance, which then begs the question: who is responsible for maintaining the private road? … Read the rest
(This is an excerpt from our Road Law Guide. To read more and download the full guide click here.)
In the context of public roads, acceptance is an act by a municipality or the general public to make a dedicated road available for use by the traveling public. Acceptance can be accomplished formally, such as by vote of the … Read the rest
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
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
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
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 are … 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
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
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
