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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 Hawaii, private roads are considered the property of the landowner and are not for public use unless permission is granted. The landowner can give express permission through a license or an implied permission through an easement, which is often recorded with the property's deed. If someone uses or accesses a private road without such permission, they may be subject to civil liability for trespass. Additionally, under Hawaii Revised Statutes Section 708-815, criminal trespass onto private property, including private roads, can be prosecuted if the person knowingly enters or remains unlawfully on the property after reasonable warning or notice. The specific penalties and remedies for trespassing on private roads can vary depending on the circumstances of the violation.

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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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Hawaii State Code

Hawaii State Code

Real property

private roads

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