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New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 229:1 (2026)

Highways Defined

✓ current as of May 2026
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    229:1 Highways Defined. – Highways are only such as are laid out in the mode prescribed therefor by statute, or roads which have been constructed for or are currently used for motor vehicle, bicycle, or pedestrian public travel over land which has been conveyed to a city or town or to the state by deed of a fee or easement interest, or roads which have been dedicated to the public use and accepted by the city or town in which such roads are located, or roads which have been used as such for public travel, other than travel to and from a toll bridge or ferry, for 20 years prior to January 1, 1968, and shall include the bridges thereon. Highway does not include any bridge, trail, or path intended for use by off highway recreational vehicles, as defined in RSA 215-A:1, or snowmobiles, as defined in RSA 215-C:1.

Source. RS 53:7. CS 57:7. GS 68:8. GL 74:8. PS 67:1. PL 74:1. RL 90:1. 1943, 57:1. 1945, 188:1, part 1:1. RSA 230:1. 1967, 283:1. 1981, 87:1, eff. April 20, 1981. 2017, 156:123, eff. July 1, 2017.

Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1964–2025 · leading case: Mahoney v. Town of Canterbury, 834 A.2d 227 (N.H. 2003).
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Mahoney v. Town of Canterbury, 834 A.2d 227 (N.H. 2003). · cites it 9× “) finding that Old Still Road is a class VI highway established by prescription under RSA 229:1 and awarding damages to defendant, Fortin & Redmond Associates (F & R).”
Blagbrough Fam. Realty Trust v. a & T Forest Prods., Inc., 917 A.2d 1221 (N.H. 2007). · cites it 3× “Establishment of Public Highway Pursuant to RSA 229:1 (1993), a public road could be created by prescription if it had “been used .”
Town of Warren v. Shortt, 652 A.2d 140 (N.H. 1994). · cites it 5× “) that the public has acquired a prescriptive easement over a road crossing the defendant’s property located in the Town of Warren (town), and thus the road is a class VI public highway pursuant to RSA 229:1 (1993). We reverse. *242 Mica Road is a gravel road on the north side…”
Blagbrough v. Town of Wilton, 755 A.2d 1141 (N.H. 2000). · cites it 7× “The trial court granted the motion as to counts IV and V, finding under RSA 229:1 (1993) “no genuine issue of material fact indicating that plaintiffs’ driveway and bridge were ever classified as a public highway.”
Catalano v. Town of Windham, 578 A.2d 858 (N.H. 1990). · cites it 3× “The trial court ruled in favor of the plaintiffs and found, “based on a strong preponderance of the evidence that the roads are highways as defined in RSA 229:1 by reason of their being used for public *508 travel for more than 20 years prior to January 1,1968.”
Hersh v. Plonski, 938 A.2d 98 (N.H. 2007). · cites it 2× “398, 401 (1985); see RSA 229:1 (1993). At issue in this appeal is whether the paper street became a public highway by dedication and acceptance.”
Polizzo v. Town of Hampton, 494 A.2d 254 (N.H. 1985). · cites it 3× “A public highway may be created in any one of four ways: (1) through the taking of land by eminent domain and the laying out of a highway by some governmental authority; (2) through the construction of a road on public land; (3) through twenty years of use by the public; or (4)…”
Verizon New England, Inc. v. City of Rochester, 855 A.2d 497 (N.H. 2004). “For example, RSA 229:1 (1993) describes the methods by which public highways are created.”
Gordon v. Town of Rye, 27 A.3d 644 (N.H. 2011). “See RSA 229:1 (2009) (defining highways); Polizzo v.”
Johnson v. City of Laconia, 684 A.2d 500 (N.H. 1996). “” Indeed, the legislature has elsewhere defined “highways” as “roads,” see RSA 229:1 (1993), while “bridge” is typically defined as “a structure erected over a depression or an obstacle to travel,” Webster's Third new International dictionary 276 (unabridged ed.”
Marrone v. Town of Hampton, 466 A.2d 907 (N.H. 1983). “See RSA 229:1. There v|as also testimony by the selectmen that the portion of James Street jin controversy had been used consistently over the years for vehicular access to the beach.”
Goslin v. Town of Farmington, 561 A.2d 507 (N.H. 1989). “, RSA 229:1; RSA ch. 231 (1982 and Supp. 1988).”
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