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 Ohio, private roads are considered the property of the landowner and are not for public use unless permission is granted. The landowner can give express permission through a license or an implied permission through an easement, which is a legal right to use the property for a specific purpose. Without such permission, any use or access by others can be considered trespassing. Trespassing is both a civil and criminal offense in Ohio. Civilly, the landowner may sue for damages or to prevent further trespass. Criminally, under Ohio Revised Code Section 2911.21, trespassing can result in fines and/or imprisonment. It is important for individuals to respect the rights of private road owners and to seek the proper legal authority before using such roads.