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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 Washington State, 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, for example, through an easement that is recorded and provides for a right-of-way. Easements may be created for various reasons, such as utility access or when a landlocked property needs access to a public road. If someone uses or accesses a private road without proper permission, they may be subject to civil liability for trespass. Additionally, under Washington law, criminal penalties may also apply for trespassing on private property, including private roads. It is important for both landowners and those seeking to use private roads to understand the specific permissions or restrictions that apply to such roads, which may be outlined in property deeds or other legal documents.

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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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Washington State Code

Washington State Code

Real property

private roads

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