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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 Delaware, 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 or implicitly, often in the form of a license or an easement. An easement can be established for various reasons, such as necessity or by agreement, and it allows certain persons to use the private road for specific purposes. Without such permission, any unauthorized use of a private road can be considered trespassing. Trespassing is both a civil and criminal offense in Delaware. Civilly, a landowner can sue for damages or to prevent further trespass. Criminally, under Delaware law, trespassing can result in fines and/or imprisonment, depending on the severity of the offense and whether it is a first or subsequent offense.

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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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Delaware State Code

Delaware State Code

Real property

private roads

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