HB 1135 New Hampshire House · 2026 Regular Session

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

HB 1135 prohibits the creation of prescriptive rights (such as easements) in private roads, driveways, or trails through long-term, unauthorized use. It directly affects landowners of private roads and the public who may have used these properties without permission for extended periods. The law explicitly states that any use of such private properties, regardless of duration, cannot establish a legal right or easement. It does not apply to claims already resolved by court before its effective date, which is 60 days after passage.
Bill status failed 3 of 5 stages cleared
Introduction
Dec 2025
Committee Review
Mar 2026
House Passage
Mar 2026
Senate Passage
Governor
Introduced Dec 1, 2025 Last action Apr 3, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced As Amended by the House · 3 edits
MINOR
The bill was amended to clarify that the prohibition on acquiring private road rights through adverse use does not apply to utility easements existing since 1948 or to any current state, county, or municipal prescriptive easements. Additionally, the effective date for the new law was extended from 60 days to 120 days after passage.
Scope change
The bill's scope was narrowed by adding specific exemptions for pre-1948 utility easements and existing public prescriptive easements, ensuring these specific rights are not affected by the new restrictions.
SCOPE

Added an exemption for utility easements that were in use prior to January 1, 1948, preventing the new law from retroactively affecting these specific rights.

Added an exemption for any existing prescriptive easements held by the state, counties, or municipalities, protecting current public rights of way.

TIMELINE

Extended the effective date of the act from 60 days to 120 days after its passage, providing a longer period for implementation.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
10
Key actions
2
Committee
3
Amendments
1
Mar 20, 2026
Committee
Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 04/09/2026; SC 13
upper
Mar 6, 2026
Introduced
Introduced 03/05/2026 and Referred to Election Law and Municipal Affairs; SJ 6
upper
Mar 5, 2026
Lower · Passed
Ought to Pass with Amendment 2026-0731h: MA VV 03/05/2026 HJ 6 P. 26
lower
Mar 5, 2026
Introduced
Amendment # 2026-0731h: AA VV 03/05/2026 HJ 6 P. 26
lower
Feb 24, 2026
Lower · Passed
Committee Report: Ought to Pass with Amendment # 2026-0731h 02/17/2026 (Vote 17-0; CC) HC 9 P. 21
lower
Dec 1, 2025
Introduced
Introduced 01/07/2026 and referred to Municipal and County Government HJ 1 P. 7
lower
1 primary · 1 co-sponsor

Sponsors