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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 Connecticut, private roads are considered part of private property, and as such, the general public does not have the right to use them without permission from the landowner. Permission can be granted explicitly, such as through a license, or implicitly, for example, through an easement that allows for certain uses of the private road. An easement can be established by a written agreement, by continuous and open use over a period of years, or by necessity, such as when a landlocked property owner needs access to a public road. Without such permission, any unauthorized use of a private road can be deemed trespassing. Trespassing is both a civil and criminal offense in Connecticut. Civilly, a landowner can sue for damages or to prevent further trespass. Criminally, under Connecticut General Statutes, trespassing can result in fines and/or imprisonment, depending on the circumstances of the violation.

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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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Connecticut State Code

Connecticut State Code

Real property

private roads

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