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 California, private roads are considered part of private property, and access to these roads is typically restricted to the landowner and those who have been granted permission. Permission can be explicit, such as through a license or an easement agreement, or it can be implied under certain circumstances. An easement can be established for various reasons, including necessity, long-term use, or for public utility purposes. Without such permission, any use or access by others may be considered trespassing, which can lead to both civil and criminal consequences. Civil penalties might include damages for unauthorized use, while criminal penalties could involve fines or even jail time, depending on the severity of the trespass. It's important to note that specific details regarding easements, licenses, and trespassing can be found in California's Civil Code and Penal Code, which outline the legal framework for property rights and the associated penalties for violations.