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Real property

private roads

Private roads are roads or driveways on private property. Because private roads are located on private property, persons other than the landowner generally do not have a right to drive on, walk on, or otherwise access the roads—unless they have a form of express or implied permission as provided by state law, such as a license or an easement to use or access the private road.

Persons who use or access a private road without the legally required permission may be subject to civil and criminal penalties for trespassing.

In Arizona, private roads are considered part of private property, and access to these roads is typically restricted to the landowner and those who have been granted permission. Permission can be explicit, such as through a license or written agreement, or implied, such as through historical use or necessity. Arizona law recognizes easements, which are rights to cross or use someone else's land for a specific purpose. Easements can be established by express agreement, prescription, implication, or necessity. Unauthorized use of a private road can lead to civil liability for trespass, which may include damages for any harm caused. Additionally, under Arizona Revised Statutes, criminal trespass can occur when someone knowingly enters or remains unlawfully on any real property, which would include private roads. Penalties for criminal trespass can range from a class 3 misdemeanor to a class 6 felony, depending on the circumstances of the trespass.

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Navigating the Legal Landscape of Private Roads

Private roads might seem straightforward, but their associated legal landscape is intricate, and having a reliable, knowledgeable attorney in your state can make all the difference.

Real property

private roads

Individual & Family Legal Plan

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Arizona State Code

Arizona State Code

Real property

private roads

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