Is retrieving property from an unposted residence criminal trespassing in NH?

Question

In New Hampshire, if someone enters a residential property, is greeted by the landowner, and retrieves a motorcycle being unknowingly held by the landowner, is this considered criminal trespassing if the property is not posted and there's no request to leave?

James L. Arrasmith · Answer

In New Hampshire, criminal trespass typically involves entering or remaining on someone else’s property without permission, especially after being asked to leave. If the property isn’t posted with “No Trespassing” signs and the landowner did not tell you to leave, your entry may not rise to the level of criminal trespass. Being greeted by the landowner without objection strengthens the argument that you were not there unlawfully. 
 
If the motorcycle was your property and you retrieved it peacefully, that also helps your case. As long as you didn’t force entry, cause damage, or engage in threatening behavior, and there was no explicit notice forbidding entry, criminal charges would be difficult to support. The key factor is whether you had a lawful purpose and acted reasonably. 
 
Still, misunderstandings about ownership or access can quickly turn into legal trouble, so it’s always better to document these situations. If the landowner didn’t object at the time but later raises concerns, you may want to prepare a clear explanation or consult with someone who can review local case law. But from what you’ve described, it doesn't sound like you committed criminal trespass.

Q: Is retrieving property from an unposted residence criminal trespassing in NH?