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RSA 231:81-a · Repair of Roads Not Maintained by a Municipality

Title: XX: TRANSPORTATION
Chapter: 231 · CITIES, TOWNS AND VILLAGE DISTRICT HIGHWAYS
Status: current
Official source linked: Yes

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231:81-a Repair of Roads Not Maintained by a Municipality. –

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In the absence of an express agreement or requirement governing maintenance of a private road, when more than one residential owner enjoys a common benefit from a private road, each residential owner shall contribute equitably to the reasonable cost of maintaining the private road, and shall have the right to bring a civil action to enforce the requirement of this paragraph. This paragraph shall not apply to any highway defined in RSA 229:5.

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II.

Any owner of a residential property abutting a private road who directly or indirectly damages any portion of such road shall be solely responsible for repairing or restoring the portion damaged by such owner.

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III.

Nothing in this section is intended to extend or restrict the common law as applied to residences on private roads, nor to affect the rights and obligations of non-residential property owners on private roads as they exist under the New Hampshire common law on easements. Source. 2019, 308:2, eff. Aug. 2, 2019.

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Source note

Source. 2019, 308:2, eff. Aug. 2, 2019.

Source history

2019, 308:2, eff. Aug. 2, 2019

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Bill relationships

2026 HB1057 repeal · effective 2027-01-01
of private roads held in common ownership. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Private Roads Held in Common Ownership. RSA 231:81-a is repealed and reenacted to read as follows: 231:81-a Private Roads Held in Common Ownership. I. In this section: (a) "Private road" means any way located on private property, not accepted or maintained by a muni
2026 HB1064 reference · effective 2027-01-01
uity and good conscience; (c) Provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim b
2026 HB1064-FN reference · effective 2027-01-01
uity and good conscience; (c) Provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim b
2026 SB409 reference · effective 2027-01-01
uity and good conscience; (c) Provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim
2026 SB409-FN reference · effective 2027-01-01
uity and good conscience; (c) Provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim