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Private Roads

Reviewed 01/08/2021

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New Hampshire Statutes

 


In 2005, the Geneal 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.

New Hampshire Cases

Local Ordinances

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. Subdivision regulations, snow and ice removal plans, and master plans are all places to look. Contact your town or city for more information.

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