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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 Iowa, private roads and driveways are considered the property of the landowner, and access to these roads is typically restricted to the owner 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. Easements may be established for various reasons, including necessity, such as for landlocked properties, or by prior use. Without such permission, individuals who use or access private roads may be committing trespass, which can lead to both civil and criminal consequences. Iowa Code Chapter 716 defines trespassing and outlines the penalties for such an offense, which can include fines and potentially jail time, depending on the severity of the trespass. It is important for landowners and individuals seeking access to understand their rights and obligations under Iowa law regarding private roads.

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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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Iowa State Code

Real property

private roads

Iowa State Code

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