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Street Discontinuances or Release and Discharge

To change the status of a "paper" street you must:

Submit a letter to the Board of Mayor and Aldermen, c/o the City Clerk, requesting a determination that the "paper" street has been released and discharged from public servitude or requesting the street be discontinued.

This involves:

  • Writing a letter providing a description of the area to be discontinued or discharged;
  • List of all property abutters’ names and mailing addresses; and
  • A map outlining the area.

(You can go to the City Clerk’s office and look through a "Streets, Bridges, and Highways" book for examples of how to write the request.)

Petitions to discontinue or petitions to release and discharge shall be filed with the Office of the City Clerk.  The City Clerk will then refer all petitions to the Highway Department.  The Highway Department, if necessary, will consult with the Planning & Community Development Department to determine the status of the parcel and report back to the City Clerk.

The City Clerk will, at the next regular meeting, present the petition and the report from the Highway Department to the Committee on Community Improvement for disposition or recommendation for action of the Board of Mayor and Aldermen.

Action of the Board of Mayor and Aldermen may require a road hearing to be scheduled.  In the event a road hearing is required, the City Clerk’s Office will set a date, notify all abutters and publish a legal notice in the Union Leader.  All costs associated with the notifications are to be borne by the petitioner, pursuant to RSA 231:10-a, and an invoice will be sent by the Office of the City Clerk to the petitioner.  After the road hearing and once payment has been received by the petitioner the Board of Mayor and Aldermen will reach a decision.

Once you receive written notification that a "paper" street has been released and discharged from public servitude, or discontinued, you may wish to consider filing a petition to quiet title in Superior Court, in order to obtain documentation of title.  The Clerk of Superior Court recommends consulting an attorney prior to filing a petition to quiet title.

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