In 2005, the General Court amended RSA 231:133, I to allow municipalities to change the name of a private street or highway when the name change is necessary to conform to the requirements of the enhanced 911 telecommunications system. In 2019, the General Court enacted RSA 231:81-a, Repair of Roads Not Maintained by a Municipality. According to the chapter law's Statement of Purpose:
"The purpose of this act is to codify the common law of easements, as stated in the New Hampshire supreme court decision in Village Green Condominium Assn. v. Hodges, 167 N.H. 497 (2015), as it applies to residences on private roads, in order to facilitate the transactions of owners and buyers who apply for certain federally-backed mortgages that require such a statute in the absence of an agreement among the owners. It is not intended to extend or restrict the common law as applied to residences on private roads, nor to affect the rights and obligations of non-residential owners on private roads."
Many municipalities have information about private roads on their websites and in their ordinances, so be sure to check with your town or city for more information. Some examples are below. Subdivision regulations, snow and ice removal plans, and master plans are all places to look. Contact your town or city for more information.
Please remember that this guide is for information purposes only and is not comprehensive.
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About ... is not a substitute for the services of an attorney.