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Real property

private roads

Private roads are roads or driveways on private property. Because private roads are located on private property, persons other than the landowner generally do not have a right to drive on, walk on, or otherwise access the roads—unless they have a form of express or implied permission as provided by state law, such as a license or an easement to use or access the private road.

Persons who use or access a private road without the legally required permission may be subject to civil and criminal penalties for trespassing.

In New Hampshire, private roads and driveways are considered private property, and access to them is typically restricted to the landowner and those who have been granted permission. Permission can be explicit, such as through a license or an easement agreement, or it can be implied under certain circumstances. An easement can be established for various reasons, including necessity, where no other access to a property exists, or by prescription, through continuous and uninterrupted use over a period of time as defined by state law. Unauthorized use of a private road can lead to civil liability for trespass, and in some cases, criminal penalties. It's important for both landowners and those seeking access to understand their rights and obligations under New Hampshire law regarding private roads to avoid legal disputes and penalties.

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Navigating the Legal Landscape of Private Roads

Private roads might seem straightforward, but their associated legal landscape is intricate, and having a reliable, knowledgeable attorney in your state can make all the difference.

Real property

private roads

Individual & Family Legal Plan

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New-Hampshire State Code

New-Hampshire State Code

Real property

private roads

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