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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 Georgia, private roads and driveways are considered private property, and access to them is typically restricted to the landowner and those who have been granted permission. Permission can be explicit, such as through a license or an easement agreement, or it can be implied under certain circumstances. An easement can be established for various reasons, including necessity or prior use, and it allows a non-owner to use the private road for specific purposes. Without such permission, any unauthorized use of a private road may be considered trespassing, which can lead to both civil and criminal consequences. Trespassing is addressed under Georgia's state statutes, specifically O.C.G.A. § 16-7-21, which outlines the offense and associated penalties. It is important for individuals to respect the rights of private road owners and to seek lawful permission before accessing such roads to avoid legal repercussions.

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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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Georgia State Code

Real property

private roads

Georgia State Code

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