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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

Private Road Maintenance Agreements – What Should They Include?

private road, private roads

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

Filed Under: General, Road Law Tagged With: private road, private road maintenance agreement, road, road maintenance, road maintenance agreement

Five Things You Need to Know About Private Roads

private road need to know

What is a private road?

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

Filed Under: Road Law Tagged With: Class VI road, easement, private road, road, road maintenance, road maintenance agreement

What is the Difference Between a Private Road and an Easement?

private road, private roads

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

Filed Under: Legislation, Real Estate Law, Road Law Tagged With: Class V road, Class VI road, easement, private road, road, road maintenance

Two Important Road Bills Become Law

private road maintenance, emergency lane

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

Filed Under: General, Legislation, Road Law Tagged With: Class V road, Class VI road, easement, highway to summer cottages, private road, road, road maintenance

Two Road Bills Being Considered in Concord

highways to summer cottages, road bills

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. 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 10 … Read the rest

Filed Under: Court Updates, Private Roads, Road Law Tagged With: Class V roads, Class VI roads, highway to summer cottages, private roads, road maintenance, roads easements

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