Neighbor Disputes in New Hampshire: What to Do If a Neighbor Illegally Blocks a Road or Installs a Gate

Understanding New Hampshire Laws on Road Access

🚦 Public vs. Private Roads: In New Hampshire, roads can be public, private, or classified as a right-of-way. A public road is maintained by the town or state, while a private road is typically owned and maintained by private individuals. Right-of-way access may be legally granted through deeds or easements.

📜 Legal Easements: If you have a recorded easement over a neighbor’s property, they cannot legally block it. Easements give non-owners legal permission to use a specific part of the land for a particular purpose, such as road access. If a neighbor interferes with a lawful easement, legal action may be necessary.

🚧 Encroachments & Obstructions: A neighbor placing barriers, gates, or other obstructions on a shared roadway or right-of-way without permission could be violating state law. New Hampshire law prohibits unlawful interference with a person's right to access their property.

Immediate Steps to Take When a Neighbor Blocks the Road

📸 Document the Obstruction: Take clear photographs and videos of the blockage. Record details such as the time, date, location, and nature of the obstruction. Keep records of any prior communications regarding road use.

📩 Communicate with Your Neighbor: A direct, polite conversation with your neighbor might resolve the issue amicably. In some cases, neighbors may not realize they are violating access rights. Written communication, such as emails or letters, can also serve as evidence later if needed.

📝 Review Property Records & Easements: Check your property deed or local town records to confirm whether you have an easement or legal access to the blocked road. If necessary, contact a real estate attorney to interpret any unclear property rights.

Legal Remedies If Your Road Access Is Blocked

⚖️ Police & Local Authorities: If the road is public and a neighbor illegally blocks it, contact local law enforcement or the highway department. Blocking a public road can result in fines or removal by authorities.

🛑 Cease-and-Desist Letter: If the blockage violates property laws or easement rights, sending a formal cease-and-desist letter through an attorney can be an effective first step in resolving the issue.

🏛 Filing a Lawsuit: If informal resolution efforts fail, you may need to seek legal action. Courts may issue an injunction requiring the neighbor to remove the obstruction and restore access.

💰 Compensation for Damages: If the blocked access leads to financial loss (e.g., inability to receive deliveries, restricted access to your home), you may claim damages in court.

What to Do If a Neighbor Installs an Unauthorized Gate

🔑 Determine Ownership of the Road: If the gated road is private and owned exclusively by your neighbor, they may have legal grounds for the installation. However, if there is an easement granting you access, blocking it with a gate without permission could be unlawful.

⚠️ Request Gate Access: If the gate remains but you have legitimate access rights, request a key or code from your neighbor. Document all correspondence to ensure proof of your attempts to resolve the matter peacefully.

🚨 Seek Legal Action if Necessary: If negotiations fail and your access remains obstructed, legal action may be required. Courts can order the removal of the gate or mandate reasonable access.

Preventive Strategies for Avoiding Future Road Disputes

📑 Have Written Agreements: If your property relies on a shared road or easement, having written agreements outlining maintenance responsibilities and rules can prevent conflicts.

🏘️ Engage in Mediation: If disputes arise, mediation with a neutral third party can help find a compromise without resorting to costly legal battles.

📜 Stay Informed on Local Laws: Understanding town regulations and state laws regarding shared roads can help homeowners take informed actions when issues arise.

🚧 Install Property Markers: Clearly marking property boundaries with proper signage can reduce misunderstandings about road ownership and access rights.

Conclusion

🚗 Whether dealing with an illegal blockage or an unauthorized gate, understanding property laws and taking practical steps can help resolve disputes effectively. Consulting legal experts and utilizing local authorities can ensure your rights are protected.