New Hampshire 2026 Session Status: Passed House Bipartisan · 1 R · 1 D cosponsors

HB 1135 — prohibiting the acquisition of prescriptive rights in private roads through adverse use.

Last action — Inexpedient to Legislate, MA, VV === BILL KILLED ===; 04/09/2026; SJ 8

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced December 01, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 46% · moderate confidence

  • Passed House

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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

Bill Text

What changed in the latest version

20 added · 12 removed

Plain-language change summary

The amended version of Bill HB 1135 clarifies that the use of a landowner's roads, driveways, or trails by the public will not lead to any legal rights or easements for the public, safeguarding property owners from potential claims of adverse possession. It also specifies that claims for utilities established before 1948 and existing public easements are not affected by this rule. Additionally, the effective date for the bill has been extended from 60 to 120 days after passage. These changes are important because they provide clearer protections for landowners and maintain existing rights for public utilities.

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Latest
HB 1135 - AS INTRODUCED SESSION 26-2311 09/05 HOUSE BILL 1135 AN ACT prohibiting the acquisition of prescriptive rights in private roads through adverse use.
HB 1135 - AS AMENDED BY THE HOUSE 5Mar2026...
0731h SESSION 26-2311 09/05 HOUSE BILL 1135 AN ACT prohibiting the acquisition of prescriptive rights in private roads through adverse use.
HB 1135 - AS INTRODUCED 26-2311 09/05 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT prohibiting the acquisition of prescriptive rights in private roads through adverse use.
HB 1135 - AS AMENDED BY THE HOUSE 5Mar2026...
0731h 26-2311 09/05 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT prohibiting the acquisition of prescriptive rights in private roads through adverse use.
[No] Prescription Prohibited [Against the Public] 2 New Section;
[No Prescription Against the Public ] Adverse Possession and Prescriptive Easements;
Limitation 2 New Section;
The use of a landowner’s roads, ways, driveways, or trails, by any person or the public, regardless of duration, shall not create or establish any right, title, interest, or easement by prescription, adverse use, or implication, nor raise any presumption of a grant thereof.
I.
The use of a landowner’s roads, ways, driveways, or trails, by any person or the public, regardless of duration, shall not create or establish any right, title, interest, or easement by prescription, or adverse possession, implication, or otherwise, nor raise any presumption of a grant thereof.
II.
This section shall not apply to:
(a) Any claims for easement by prescription or claims for adverse possession for utilities in use prior to January 1, 1948.
(b) Any existing state, county, or municipal prescriptive easement.
This act shall not apply to any claims already fully adjudicated before the effective date of this act.
This act shall not apply to any claims already fully adjudicated or currently being adjudicated before the effective date of this act.
This act shall take effect 60 days after its passage.
This act shall take effect 120 days after its passage.
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Action History

  1. Inexpedient to Legislate, MA, VV === BILL KILLED ===; 04/09/2026; SJ 8

  2. Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 04/09/2026; SC 13

  3. Hearing: 03/18/2026, Room 103, SH, 01:10 pm; SC 10

  4. Introduced 03/05/2026 and Referred to Election Law and Municipal Affairs; SJ 6

  5. Ought to Pass with Amendment 2026-0731h: MA VV 03/05/2026 HJ 6 P. 26

  6. Amendment # 2026-0731h: AA VV 03/05/2026 HJ 6 P. 26

  7. Committee Report: Ought to Pass with Amendment # 2026-0731h 02/17/2026 (Vote 17-0; CC) HC 9 P. 21

  8. Executive Session: 02/17/2026 09:00 am GP 154

  9. Public Hearing: 02/10/2026 09:45 am GP 154

  10. Introduced 01/07/2026 and referred to Municipal and County Government HJ 1 P. 7

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 413 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (413)

413 members have not signed on to this bill.

Show all 413 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1135 do?
prohibiting the acquisition of prescriptive rights in private roads through adverse use.
Who sponsors HB 1135?
HB 1135 is sponsored by David Fracht (Democrat) and Deborah Aylward (Republican).
What is the current status of HB 1135?
This bill has passed the House. Introduced December 01, 2025. It now moves to the second chamber.
Where can I track HB 1135?
Track HB 1135 free on One Click Politics — get push/email alerts when it moves.

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