Property Owner Rights on Class VI Roads
If you own property abutting a Class VI road, you have specific rights and responsibilities under New Hampshire law. This page explains what you can do, what requires permission, and common misconceptions.
Gates and Bars
RSA 231:21-a, I - Gates and Bars Provisions
"All class VI highways...shall be subject to gates and bars; provided, however, that any gates or bars maintained by private land owners shall be erected so as not to prevent or interfere with public use of the highway, and shall be capable of being opened and reclosed by highway users."
Source: NH RSA 231:21-a
What You CAN Do
- Install gates or bars across the road
- Use gates to manage livestock (the historical purpose)
- Lock gates with a combination or key (if public can request access)
- Post signage about road status
What You CANNOT Do
- Block public passage entirely
- Install gates that cannot be opened by travelers
- Use gates to claim the road is private
- Prevent emergency vehicle access
Municipal Authority: The selectmen have authority to regulate gates and bars, and may order removal of structures that interfere with public use or have fallen into disrepair.
Private Maintenance Rights
Since towns don't maintain Class VI roads, abutting property owners often want to maintain them privately. This is allowed, but requires municipal permission.
Excavation Permit Required (RSA 236:9)
Before doing any work on a Class VI road, you must obtain written permission from the selectmen or road agent:
"It shall be unlawful...to excavate or disturb the shoulders, ditches, embankments or the surface improved for travel of...any other highway without written permission from the selectmen or highway agent of the town."
Source: RSA 236:9
Types of Work Requiring Permission
- Grading or leveling the road surface
- Adding gravel or other materials
- Clearing brush or trees
- Installing or repairing culverts
- Creating or improving drainage
- Any excavation work
The Permission Process
- Contact your town's road agent or selectmen
- Describe the proposed work
- Obtain written permission
- Town may require a bond (RSA 236:10)
- Restore road to satisfaction (RSA 236:11)
Access to Your Property
Your Right of Access
As an abutter to a Class VI road, you have the right to use the road to access your property. This right exists regardless of the road's condition. However, there is no guarantee of road quality - you travel at your own risk, and the town has no duty to make the road passable.
Driveway Access
You may construct a driveway connecting to a Class VI road, but you need permission under RSA 236:13. The municipality can regulate driveway locations and specifications.
Seasonal Accessibility
Many Class VI roads become impassable during mud season or winter. You have no legal recourse against the town for this - it's an inherent characteristic of Class VI status.
Rights Over Abutting Land
Important Distinction
The public right extends only to the Class VI road itself - not to adjacent private land. Key points:
- Road width: Typically defined by the original layout or historical use (often 3-4 rods, or 49.5-66 feet)
- Beyond the road: Adjacent land is private property - public has no right to cross it
- Parking: The public may park on the road itself, but not on your private land
- Trespass: Leaving the road to cross your land is trespassing
Common Misconceptions
"I own the road in front of my property"
Usually not. While you may own the land under the road (fee ownership), the public has an easement for travel. You cannot exclude the public from using the road, even if you hold the fee.
"I can block the road because the town doesn't maintain it"
Wrong. Lack of maintenance doesn't change the road's public status. Blocking public passage can result in the municipality ordering removal of your obstruction.
"I can do whatever I want to improve 'my' road"
Wrong. Any work on a Class VI road requires written permission from the selectmen or road agent under RSA 236:9. Unauthorized work can result in penalties.
Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Property rights can be complex and fact-specific. Consult a NH attorney for advice about your particular situation.