New Hampshire Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
If you have an easement on your property, you may need to allow another person to use it to reach another property or piece of land. Easement rights are considered non-possessory. The property owner retains the ownership interest, which is normally referred to as the fee title.
(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.
2-a Repair of Roads Not Maintained by a Municipality. ? 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.
§ 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.
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?.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
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.
A conservation easement is a legally binding agreement between a landowner and the easement holder that restricts use of the land subject to the terms of the easement.
