ROAD LAW GUIDE
Auxiliary Service Roads
Bridges
Class VI Roads
Conveyance
Dedication and Acceptance
Definitions
Discontinuance
Discontinued State Highways
Emergency Lane Designation
Failure to Maintain a Class V Road for Five Successive Years
Gates and Bars
Highways to Summer Cottages
How Public Roads are Created
Layout
Legislative Body vs. Governing Body
Municipal Trail Designation
Off Highway Recreation Vehicles
Prescription
Private Roads
RSA 674:41 (Building Permits)
Scenic Roads
Snowmobiles
Types of Roads and Other Designations
Who Owns the Road?
Alfano Law Office Database of Municipal Road Records
Gates and Bars
All class VI highways are deemed “subject to gates and bars,” which means an abutting landowner may install a gate or bar across the road. The gate or bar cannot interfere with the public’s use of the highway, meaning the traveling public must be able to open and close the gate or remove the bar.
Municipalities have some limited rights. First, the municipality may “regulate” the gate to assure it can be opened and closed by the public. Second, the municipality can remove any gates or bars which fall into disrepair or otherwise interfere with public’s use of the road.
Municipalities also may vote to remove a gate that is not in disrepair, although that right may apply only to Class VI roads created by the municipality in the first place via the layout process. Removing gates and bars requires a finding the action is in the public good, and damages must be paid to affected landowners.