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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 Idaho, private roads 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, where no other access to a property exists, or by prescription, through long-term continuous use under certain conditions. Unauthorized use of a private road can lead to civil liability for trespass, and in some cases, criminal penalties. Idaho Code specifies the circumstances under which trespassing can occur and the potential consequences. It is important for individuals to respect the rights of private road owners and to seek proper authorization before using such 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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Idaho State Code

Idaho State Code

Real property

private roads

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