HB 128 - AS INTRODUCED

2001 SESSION

01-0210

05/10

HOUSE BILL 128

AN ACT prohibiting the right to pass and repass from being assigned to successive land owners unless the deed or conveyance specifically provides for reassignment of the right.

SPONSORS: Rep. Lefebvre, Hills 31

COMMITTEE: Judiciary

ANALYSIS

This bill prohibits the right to pass and repass from being assigned to successive land owners unless the deed or conveyance specifically provides for reassignment of the right.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0210

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT prohibiting the right to pass and repass from being assigned to successive land owners unless the deed or conveyance specifically provides for reassignment of the right.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Conveyances and Mortgages of Realty; Forms of Deeds and Mortgages; Limitation on Conveyance of Right to Pass and Repass. Amend RSA 477 by inserting after section 26 the following new section:

477:26-a Limitation on Conveyance of Right to Pass and Repass. Notwithstanding any other provision of law, the right to pass and repass shall not be construed as an appurtenant easement that runs with the land, but rather shall be assigned to successive land owners only if the deed or conveyance specifically provides for reassignment of the right.

2 Effective Date. This act shall take effect January 1, 2002.