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 New Mexico, private roads are considered part of an individual's private property. The owner of the property has the right to control access to these roads. Individuals other than the owner must have permission to use the private road, which can be granted explicitly or implicitly. Explicit permission may come in the form of a license or an easement, which is a legal right to use the property for a specific purpose. Implied permission can occur through actions or past behavior that suggest consent. Unauthorized use of a private road can lead to civil liability for trespass, which may result in damages being awarded to the property owner. Additionally, criminal penalties for trespassing can apply under New Mexico Statutes Annotated (NMSA) 1978, Section 30-14-1, if a person enters and remains on private property without permission. It is important for individuals to respect the rights of private road owners and seek the necessary permissions to avoid legal repercussions.