Revision: Jan. 12, 2009, midnight
HB 236 – AS INTRODUCED
2009 SESSION
05/03
HOUSE BILL 236
AN ACT permitting access to homeowner’s property from adjoining property for the purpose of repair or renovation.
This bill permits a homeowner to petition the court for access to an adjoining property when such access is necessary for repairs or renovations to the homeowner’s property.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0702
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT permitting access to homeowner’s property from adjoining property for the purpose of repair or renovation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Access to Adjoining Property for Repair or Renovation. Amend RSA 472 by inserting after section 6 the following new section:
472:7 Access to Adjoining Property for Repair or Renovation. When an owner or lessee seeks to make improvements or repairs to real property so situated that such improvements or repairs cannot be made by the owner or lessee without entering the premises of an adjoining owner or lessee, and permission to enter has been refused, the owner or lessee seeking to make such improvements or repairs may petition the superior court in which the property is located for permission to enter upon such terms and conditions as the court may provide. The petition and affidavits, if any, shall state the facts making such entry necessary and the date or dates on which entry is sought. The petition shall be granted by the court in appropriate cases upon such terms and conditions as justice may require. The petitioner shall be liable to the adjoining owner or the owner’s lessee for any actual damages occurring as a result of the entry.
2 Effective Date. This act shall take effect January 1, 2010.