New Hampshire's equitable-contribution duty
Where residential owners share a private road's benefit and nothing express governs, each contributes equitably to reasonable maintenance, and any owner can bring a civil action to make the duty real.
Questions about the duty
When does the duty apply?
When more than one residential owner enjoys a common benefit from a private road and no express agreement or requirement governs its maintenance.
What costs count?
The reasonable cost of maintaining the road; the budget and invoices behind your number are what make it reasonable on paper.
Who can sue whom?
The statute gives residential owners the right to bring a civil action to enforce the contribution requirement against an owner who will not pay.
Does the statute change our old deeded obligations?
It neither extends nor restricts the common law, so what your deeds already require still stands alongside it.
Which roads are outside it?
Highways under RSA 229:5, and the section speaks only to residential owners; others remain under easement common law.
What did 2019 deliberately leave out?
Any meeting, vote, lien or fee shift; the duty is real and the machinery is yours to build by agreement.
How does damage differ from wear?
An owner who directly or indirectly damages the road repairs that portion alone; ordinary wear is what the equitable shares maintain.
Can our agreement set unequal shares?
Yes; an express agreement controls, and equitable is only the default behind it.
What makes a share defensible here?
A recorded split or, failing that, a documented budget and history; equitably is argued with records, not adjectives.
This page is general information for road association volunteers, not legal advice. Laws change and every road's documents differ — for decisions about your association, consult a licensed attorney in your state.
Reviewed against primary sources; see citations on each page.