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 Kansas, private roads are considered the property of the landowner and are not for public use without permission. The right to use a private road by non-owners can be granted through an express agreement, such as a license or an easement. An easement can be established for various reasons, including necessity or prior use, and is often recorded with the property's deed. Without such permission, any use or access by others is considered trespassing. Trespassing on private property in Kansas can lead to civil liability for damages and, in some cases, criminal penalties under Kansas Statutes Annotated (K.S.A.) 21-5808. The severity of the offense can vary based on factors such as whether the trespasser damaged property or if the trespass was willful. Landowners can take legal action to enforce their rights and prevent unauthorized access to their private roads.