New Hampshire Easement and Right of Way (For Roadway Allowing Access to Lands) are legal concepts that grant individuals or entities the right to access and use specific parts of another person's property for the purpose of transportation or utility services. These easements and rights of way ensure that landlocked properties have a means of accessing public roads or necessary amenities. In New Hampshire, there are several types of easements and rights of way for roadways that provide access to lands. Some common ones include: 1. Appurtenant Easement: This type of easement allows one property owner to use or access another property for a specific purpose. For example, if a landowner does not have direct access to a public road, they may have an appurtenant easement over a neighboring property to reach the road. 2. Prescriptive Easement: A prescriptive easement is established when someone's use of another's land for a continuous and uninterrupted period creates a legal right to access or use that land. This type of easement is typically established through continued use without explicit permission or agreement. 3. Easement by Necessity: Easement by necessity is granted when landlocked property has no other means of access except through another property. This easement is automatically granted to provide a passage for the landlocked property owner, ensuring their ability to utilize their land effectively. 4. Public Right of Way: Public rights of way are owned and maintained by governmental entities to provide access to the public. These roadways are typically designated for public use and are subject to various regulations and maintenance practices governed by the state or local authorities. It is important to note that while these are common types of New Hampshire easements and rights of way for roadways, each case is unique, and it is essential to consult with legal professionals or surveyors to determine the specific details, limitations, and enforceability of any easement or right of way. In summary, New Hampshire easements and rights of way (for roadway allowing access to lands) are legal mechanisms that facilitate access to land for landlocked properties. They ensure that owners have the necessary means to utilize their properties effectively, even if direct access to public roads is not available. These easements can be established through various legal principles such as appurtenant rights, prescription, or necessity. Understanding the specific type and terms of an easement or right of way is crucial to ensure proper rights and obligations for all parties involved.
New Hampshire Easement and Right of Way (For Roadway Allowing Access to Lands)
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FAQ
The duty to care for an easement belongs to the owner of the dominant estate.
Stat. § 2. The driver of a vehicle about to enter or cross a way from a private road or driveway shall yield the right of way to all vehicles approaching on said way.
Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.
On newer roads and properties, especially on roads in a subdivision, the property owner's deed only goes to the edge of the right-of-way, and the land for the right-of-way is deeded to the town.
The court's ruling was based on, ?upon the principle that, by using the easement, both the dominant and servient estates contribute to its wear and deterioration and, therefore, distribution of the burden of easement maintenance and repair between both estates is equitable and just?.
Landlocked is a common term in New Hampshire. I have heard so many landowners use this term when they believe their land, or land they want to purchase, has no access. However, what most of those landowners do not realize is that there is very little landlocked land located in New Hampshire.
An easement is a right to make certain types of use of property. The most common is the right to build a road across someone else's land (or use a road) in order to get access to your own land. Another common easement is the right to cross someone's land in order to get to a railroad track or access to the ocean.
