Legal Question in Real Estate Law in New Hampshire

Class vi road

We are building a new home on a class vi road. It is a public way. Neighbor is building 4' snow wall across the road so vehicles cannot go through. I am told by town officials; that nothing can be done about this since it is not a town road. Please direct me to RSA's or any other information that will help me know what to do from here.


Asked on 12/23/07, 10:56 pm

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

Re: Class vi road

I would suggest that you need two things to sort out this problem. The first is an engineer or surveyor to confirm the exact boundaries. The second is an attorney who can review both the statutes and the municipal codes to determine if there is a fix to this problem. There is an entire body of law dealing with easements by necessity which may apply. I'm assuming you have spoken with the neighbor to see if the two of you can come to an accomodation before the construction starts. In some of these cases, delay can be more harmful as it serves as an indication you accept his new construction.

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Answered on 12/24/07, 7:53 am


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