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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 Utah, private roads are considered part of an individual's private property. The owner of the property has the right to control, limit, or grant access to these roads. Access by others can be granted through express permission, such as a verbal or written agreement, or through an implied permission, like an easement. An easement can be established by law, such as for emergency services, or through continued, historical use known as a prescriptive easement. However, this requires meeting specific legal criteria, including the use being open, notorious, and continuous for a statutory period. Without such permission, any unauthorized use of a private road may be considered trespassing, which can lead to both civil and criminal consequences under Utah law. It's important for both property owners and those seeking access to understand their rights and obligations regarding private roads to avoid legal disputes and penalties.

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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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Utah State Code

Utah State Code

Real property

private roads

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