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HB1135 • 2026

prohibiting the acquisition of prescriptive rights in private roads through adverse use.

prohibiting the acquisition of prescriptive rights in private roads through adverse use.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Deborah Aylward (R), David Fracht (D)
Last action
2026-04-03
Official status
SENATE
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

prohibiting the acquisition of prescriptive rights in private roads through adverse use.

prohibiting the acquisition of prescriptive rights in private roads through adverse use.

What This Bill Does

  • prohibiting the acquisition of prescriptive rights in private roads through adverse use.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment #2026-0731h : AA VV 03/05/2026 HJ 6 P. 26

Plain English: Amendment #2026-0731h : AA VV 03/05/2026 HJ 6 P. 26 1

  • The official amendment file could not be read automatically during the last sync, so only the official amendment metadata is shown right now.

Bill History

  1. 2026-04-03 S

    Inexpedient to Legislate, MA, VV === BILL KILLED ===; 04/09/2026; SJ 8

  2. 2026-03-20 S

    Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 04/09/2026; SC 13

  3. 2026-03-12 S

    Hearing: 03/18/2026, Room 103, SH, 01:10 pm; SC 10

  4. 2026-03-06 S

    Introduced 03/05/2026 and Referred to Election Law and Municipal Affairs; SJ 6

  5. 2026-03-05 H

    Amendment #2026-0731h : AA VV 03/05/2026 HJ 6 P. 26

  6. 2026-03-05 H

    Ought to Pass with Amendment 2026-0731h: MA VV 03/05/2026 HJ 6 P. 26

  7. 2026-02-24 H

    Committee Report: Ought to Pass with Amendment #2026-0731h 02/17/2026 (Vote 17-0; CC) HC 9 P. 21

  8. 2026-02-11 H

    Executive Session: 02/17/2026 09:00 am GP 154

  9. 2026-02-05 H

    Public Hearing: 02/10/2026 09:45 am GP 154

  10. 2025-12-01 H

    Introduced 01/07/2026 and referred to Municipal and County Government HJ 1 P. 7

Official Summary Text

prohibiting the acquisition of prescriptive rights in private roads through adverse use.

Current Bill Text

Read the full stored bill text 
HB 1135 - AS AMENDED BY THE HOUSE

5Mar2026... 0731h
2026 SESSION
26-2311
09/05

HOUSE BILL
1135

AN ACT
prohibiting the acquisition of prescriptive rights in private roads through adverse use.

SPONSORS: Rep. Aylward, Merr. 5; Rep. Fracht, Graf. 16

COMMITTEE: Municipal and County Government

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ANALYSIS

This bill prohibits acquiring of rights in private roads, ways, driveways, or trails through adverse use.

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Explanation: Matter added to current law appears in
bold italics.
Matter removed from current law appears [
in brackets and struckthrough.
]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5Mar2026... 0731h 26-2311
09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT
prohibiting the acquisition of prescriptive rights in private roads through adverse use.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Subdivision Heading Change. Amend the subdivision heading preceding RSA 477:33 to read as follows:
[No Prescription Against the Public
]
Adverse Possession and Prescriptive Easements; Limitation

2 New Section; Private Roads and Trails. Amend RSA 477 by inserting after section 34 the following new section:
477:34-a Private Roads and Trails.
I. The use of a landowner’s roads, ways, driveways, or trails, by any person or the public, regardless of duration, shall not create or establish any right, title, interest, or easement by prescription, or adverse possession, implication, or otherwise, nor raise any presumption of a grant thereof.
II. This section shall not apply to:
(a) Any claims for easement by prescription or claims for adverse possession for utilities in use prior to January 1, 1948.
(b) Any existing state, county, or municipal prescriptive easement.

3 Application. This act shall not apply to any claims already fully adjudicated or currently being adjudicated before the effective date of this act.

4 Effective Date. This act shall take effect 120 days after its passage.