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 Florida, 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. The landowner can grant express permission through a license or an easement, which is a legal right to use the property for a specific purpose. Implied permission may also exist under certain circumstances, such as a longstanding pattern of use that the landowner has not objected to. However, if someone uses or accesses a private road without the necessary legal permission, they may be subject to civil liability for trespass. Additionally, under Florida Statutes, specifically Chapter 810, trespassing on property other than a structure or conveyance (which would include private roads) can be a criminal offense, potentially resulting in fines and/or imprisonment. The severity of the penalty can depend on factors such as whether the trespasser had been warned, the presence of signage, and the intent of the trespasser.