Road Law Guide
Alfano Law welcomes you to the world of public and private roads in New Hampshire!
You may be here because…
You would like your town or city to maintain your road
You live on a Class VI road and would like to know what that means
You live on a private road and would like to know if anyone is obligated to maintain it
You live next to a road that was discontinued many years ago and would like to know if you own all or part of it
You live on a Class VI or private road and would like to get a building permit
You own land next to a paper street (an un-built strip of land shown on an old subdivision plan) and would like to know if you own it or can use it
You own land next to a paper street and would like to know if you can prevent others from using it
You own land next to a paper street and would like to know if you can clear and use the paper street for access
You own land next to a paper street and would like to know who owns it
These are just some of the issues that come to us on a regular basis.
Here are some links to get you going:
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
What you can do
There are many things you can do to learn more about your property and the road in which you have an interest without consulting an attorney or surveyor. Here are some of the things you can do:
Visit your town to review their records (see our database of municipal road records for more information).
Retrieve plans, deeds and other title documents from your country registry of deeds: www.nhdeeds.com.
Retrieve you title insurance policy and all other documents from the purchase of your real estate.
If your real estate has been in your family for a while, consult family members and long-time neighbors for additional plans and other documents.
Obtain a copy of your town or city’s planning department file on your property, or the subdivision in which it is located.
Visit your local historical society or library. Most municipalities have published town histories which sometimes reference old roads and contain historic maps.
Become familiar with the law. Some key statutes:
RSA 230
RSA 231
To stay abreast of new court decisions and changes to the law concerning roads, easements, real estate and other relevant topics, sign up for our newsletter
How we can help
For over thirty years, our firm has accumulated a large data base of documents and developed an array of services to meet the needs of private land owners, lawyers, surveyors, legislators, planners, and other stakeholders.
Services we offer include:
Full representation through trial
Co-counsel arrangements
Expert reports and testimony
Brief writing
Stand-by availability on an hourly-rate basis to answer questions
Ancient record research (historic layouts and locating same, historic maps, town minutes, etc.) This work can involve visits to the New Hampshire State Archives, New Hampshire State Library, town historical societies, local libraries and town offices, depending the scope of the project.
Right to know law requests (RSA 91-A)
“Accidents are prohibited on this road.” Unknown