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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 Virginia, private roads are considered part of private property, and as such, the general public does not have the right to use them without permission from the landowner. Permission can be granted explicitly, such as through a license, or implicitly, such as through an easement. An easement can be established for various reasons, including necessity, where no other access to a property exists, or by prescription, where the road has been used openly and continuously for a statutory period. Without such permission, any unauthorized use of a private road can be considered trespassing, which is subject to both civil and criminal penalties under Virginia law. Civil penalties may include damages for any harm caused, while criminal penalties can range from fines to imprisonment, depending on the severity of the trespass.

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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

Legal Services from Local Law Firm for Less than 99¢ a Day

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Virginia State Code

Real property

private roads

Virginia State Code

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