In rural subdivisions, it is customary to add access facilities to real estate. This is a right granted to allow the owner of the beneficial property to cross the congested property to reach the beneficial property. Access is one of the fundamental principles of property, and it is such an important subject that the common law has long recognized the theory of “simplicity through necessity.” This means that if a land is closed and their property is not accessed from a public road, then the court has the option of placing relief on adjacent land to allow its owner to access it. The directive is that the property is so unique and so valuable that an owner should not be excluded from access by other properties. We often see these cases. The theory of facilitation by necessity or facilitation by involvement began from the ground up that a property is really closed internally and that there is no access to a public road, because the land is surrounded on all sides of private property and therefore access is necessary to reach a public road. These cases were easy to decide because the maps and investigations clearly did not provide any real access. But over time, the lack of direct access to a public road has turned into a theory that there is no reasonable access. That is, the property is close to a public species, but some sort of geographical issue complicates access; That is, a stream (not impossible to cross, but incredibly expensive to get the necessary permissions to cross) or a steep slope or a degree that requires so much excavation work that it is not practical. This line of legal argument, which requires proper access, can transform the landscape in terms of legal facilities regarding real estate. Unless amended, it is both the creation of the unit and the adoption of statutes that require the signature of all landowners who wish to become members of the association. In other words, only those who join the association are bound by its rules and regulations. Even if not all owners join, an association can still be useful in imposing existing alliances against non-members.
The association can also be useful in enforcing the legal obligation of owners to contribute to the maintenance of private roads. In previous blogs, we have looked at the difference between a private street and a relief, the new New Hampshire law, which requires private maintenance of residential streets in certain situations, and what should include private road maintenance contracts. While an agreement is an important step, the creation of an association can significantly simplify the management and application of private road maintenance contracts. If you have any questions about facilities, especially the facilities of access, feel free to contact the lawyers are BPE Law Group and we would be happy to help you in your real estate needs. BPE`s lawyers are highly experienced in real estate matters, including facilities, land use arrangements and other necessary documents or court injunctions necessary to protect the interests of a property owner. The most common type of association used in New Hampshire for private road maintenance situations is a non-profit company created under the number RSA 292. Although these entities are companies, the name often uses the word “association” in the title. The company (association) could be created to explain that each lot owner automatically becomes a member of the company. (RSA 292 uses the term “member” and not “shareholder”). Simple statutes would be adopted to address issues such as votes, assemblies and collections.
Delinquent landlords can be the biggest headaches with private maintenance of the road. A person may disagree with the work or quality to be done and express this disagreement by refusing to participate in the fees. In the absence of unity (association), one or more individual owners must request action on their own behalf and bear the c