Plaistow, NH asked in Civil Litigation and Real Estate Law for New Hampshire

Q: Are there any laws that govern a shared private road and access to property?

We have a person who's shrinking the entrance way which will be causing a safety issue for those below this barrier. The owner won't reason nor remove the problem. She's doing this just to cause a problem for everyone below her property. This all started because she doesn't want to share in the street maintenance. She moved her driveway above the obstacle, so that she won't have a problem during the winter...

1 Lawyer Answer
Joseph Kelly Levasseur
Joseph Kelly Levasseur
  • Manchester, NH
  • Licensed in New Hampshire

A: One way to deal with this problem is to look at the documents that formed the private road to see what the rules say about how to deal with this and who is responsible-since you share the road with someone else. If you cannot resolve the issue you can go to court and have a judge make a ruling that the offender abide by the rules regarding private access, repair and rules if any were indeed written when the road was formed. make sure to check the original surveys that were done to show actual ownership.

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