Bill > HB1135

This bill amends New Hampshire law to prohibit individuals from acquiring legal rights to use private roads, driveways, or trails through a legal concept called "prescriptive easement" or "adverse use". Traditionally, continuous use of a private road over a long period could potentially create a legal right of access, but this bill explicitly prevents such rights from being established, regardless of how long someone has been using the road. Specifically, the bill changes the subdivision heading related to prescriptive rights and adds a new section to state that no use of a landowner's roads or trails by any person, even if ongoing for an extended time, can create or imply a legal right of access or easement. The bill will not affect any claims that have already been fully resolved in court, and it will go into effect 60 days after passage. This legislation appears designed to protect private property owners by preventing unauthorized long-term use of their private roads from creating legal access rights.

Government Affairs

https://gc.nh.gov/bill_Status/billinfo.aspx?id=1511&inflect=2