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 Michigan, private roads are considered part of 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. Easements may be established for various reasons, including necessity, where no other access to a property exists, or by prescription, through long-term continuous use. Without such permission, individuals who use or access a private road may be considered trespassers and could face both civil and criminal penalties under Michigan law. Civil penalties could involve a lawsuit for damages or an injunction, while criminal penalties might include fines or even jail time, depending on the severity of the trespass. It's important for both landowners and those seeking access to understand their rights and obligations under Michigan's laws regarding private roads and trespass.