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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 Indiana, private roads are considered the property of the landowner and are not for public use without permission. Individuals other than the owner require express or implied permission to use these roads, which can be granted through a license or an easement. An easement can be established by agreement, necessity, or through continued, uninterrupted, and visible use under certain conditions (prescriptive easement). Without such permission, unauthorized use of a private road may constitute trespassing. Trespassing is addressed under Indiana Code Title 35, Article 43, Chapter 2, which outlines the criminal penalties for entering the property of another without consent. Civil remedies may also be available to the landowner for unauthorized use of a private road, including injunctions and damages.

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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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Indiana State Code

Indiana State Code

Real property

private roads

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