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 North Carolina, private roads are considered the property of the landowner and are not for public use unless permission is granted. Permission can be explicit, such as through a license or written agreement, or implied, such as through historical use or necessity. North Carolina General Statutes (NCGS) provide for the establishment and regulation of private roads and easements. For instance, NCGS § 136-96 allows for the creation of private road maintenance agreements. Trespassing on a private road without permission can lead to civil liability under NCGS § 1-539.2, which allows landowners to recover damages for willful and wanton trespass. Additionally, criminal penalties for trespassing are outlined in NCGS § 14-159.13, which makes it a misdemeanor to enter or remain on someone's property after being told not to do so. It is important for individuals to respect private property rights and seek proper authorization before using private roads in North Carolina.