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Old 07-05-2018, 08:04 AM   #22
MAXUM
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I thought this was probably the best write up in regards to public access to private property in NH.

Common law in New Hampshire gives the public the right of access to land that's not posted. You won't find that in state law books, because it is common law, going back to the philosophy of New England's early colonists and supported over the centuries by case law. Our forefathers knew the importance of balancing the need for landowners' rights with that of the public good. On one hand, the landowner can make decisions about his or her land. On the other hand, the public should have limited rights to use and enjoy that land. The colonists held similar democratic notions about rivers, lakes, fish and wildlife.

Today, it's easy to take this notion for granted. In New Hampshire and elsewhere in New England, we enjoy a long, proud tradition of public use of private land. This tradition also comes with a risk. A landowner who finds trash, disrespect or other problems can easily decide to post his or her land.


With that being the case obviously some level of respect is due to any landowner however at the same time many out of state land owners don't understand the long standing traditions and common law that NH has in place either. Frankly, it's all about attitude in the way one would address any situation and if a landowners first reaction to finding somebody on their property is confrontational that certainly sets the tone for the interaction that will follow. Being nice can go a long way...
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