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New hampshire common law on easements

New hampshire easement 2025

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The document outlines a Conservation Easement agreement between the Grantor and Grantee in New Hampshire, aimed at preserving a specified parcel of land for conservation purposes. It details the restrictions on land use to prevent development, promote ecological health, and ensure public access for low-impact recreational activities. The easement is intended to be perpetual, binding future owners, and includes provisions for agricultural and forestry activities under specific conditions. It emphasizes compliance with state laws and outlines the rights and responsibilities of both parties regarding enforcement and maintenance.

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What is the minimum width for a right-of-way?

Municipal and City roads shall have a right-of-way of not less than ten (10) meters; provided that the principal streets of townsites located on public lands shall have a width of sixty (60) meters and all other streets a width of not less than fifteen (15) meters.

How many feet is a right away?

(Many city roads may be between 31 feet and 41 feet wide within a 60 foot wide right-of-way, which would also include any parkway, the sidewalk, and up to 4 1/2 feet behind the sidewalk.)

How wide is a right-of-way in NH?

The Town has a right-of-way (ROW) which is often 50 feet wide and 25 feet from the center of the road. In most cases, it extends 10-15 feet from the edge of pavement on either side.

Who is responsible for easement maintenance in NH?

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.

How many feet is the right of way in NH?

The right-of-way generally extends 13 feet from the pavement on either side. Obstructions in the Towns right-of-way are not permitted. Plantings, mulch, trees, rocks, and decorative pavers, loam, seed, fences or stone walls ARE NOT PERMITTED.

How do easements work in NH?

Most types of easements are affirmative, which means that they allow the use of anothers land. Less common are negative easements, which usually involve preserving a persons access to light or view by limiting what can be done on a neighboring or nearby property.

Can a property owner block an easement?

In California, easements are subject to specific rules and regulations, and property owners generally cannot unilaterally block or obstruct established easements.

What is the right-of-way through my property?

1. Right-of-way through your property. A right-of-way gives someone else access through your property. This is common in the case of a long driveway or a home that may be set back from the street and requires access through another property.

New hampshire easement 2025

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