What Is a Driveway Easement in New Hampshire Real Estate?

🏡 What Is a Driveway Easement in New Hampshire Real Estate?

Driveway easements are incredibly common in Central New Hampshire — especially in Plymouth, Rumney, Thornton, Campton, and rural towns where properties sit deeper off the road.

If you’re buying or selling a home, you need to understand what an easement is and how it affects access, maintenance, and legal rights.

Here’s the full breakdown.

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What Is a Driveway Easement?

A driveway easement gives someone the legal right to use a portion of another person’s land for access.

In New Hampshire, these are most often:

Shared driveways

Long private roads

Access roads to back-lot homes

Gravel paths running across another parcel

The landowner still owns the land — but another party has the legal right to use it.

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Common Types of Driveway Easements in NH

You’ll see these most often in the Plymouth-area market:

✔ Right-of-Way (ROW)

Allows access across a neighbor’s property.

✔ Shared Driveway Agreement

Two or more homes use the same access point.

✔ Private Road Maintenance Agreement

Everyone using the road contributes to upkeep.

✔ Prescriptive Easement

Long-term use that legally becomes recognized over time.

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Why Easements Matter in New Hampshire

Homes in rural towns like Rumney, Wentworth, Campton, and Thornton often depend on private roads or shared access. That means:

Lenders may ask for documentation

Title companies review easements closely

Buyers often want maintenance agreements

Snow plowing and repair responsibilities must be clear

Lack of clarity can delay a sale — or kill it entirely.

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Who Maintains a Driveway Easement?

Maintenance depends on the written agreement.

Typical responsibilities include:

✔ Snow plowing

✔ Gravel replacement

✔ Pothole repair

✔ Grading

✔ Culvert care

✔ Brush removal

If no agreement exists, buyers should get one before closing.

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Can a Neighbor Block an Easement?

No.

If the easement is legally recorded, the neighbor cannot block access, restrict usage, or interfere with passage.

This includes:

Gates

Fences

Chains

Boulders

Vehicles

Snow piles

Blocking a ROW is illegal and enforceable in NH.

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Should Buyers Be Concerned About Driveway Easements?

Not necessarily — if everything is clear and documented.

A properly recorded easement should include:

✔ Who maintains the driveway

✔ Who pays for repairs

✔ Snow plowing responsibilities

✔ Access rights

✔ Road width and boundaries

✔ Conditions of use

Many Plymouth-area homes function perfectly with shared driveways.

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Q&A

Q: Will a lender finance a home with a shared driveway?

A: Yes — as long as the easement is recorded and maintenance responsibilities are defined.

Q: Can you remove an easement?

A: Rarely. It typically requires legal action and mutual agreement.

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Keywords

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Agent Information / NAP

Jim Johnson Real Estate Agent

58 NH Route 25A

Wentworth, NH 03282

P: (857) 249-7392

W: www.JimJohnsonRealEstateAgent.com

Licensed New Hampshire REALTOR® with Three Hills Real Estate Services

Broker Email: info@ThreeHillsRES.com