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
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
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
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
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
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
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
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
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
