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
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
