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 Massachusetts, private roads are considered part of private property, and as such, the general public does not have the right to use them without permission from the landowner. Permission can be granted explicitly or implicitly, often through a license or an easement. An easement can be established for various reasons, such as necessity, by prior use, or by prescription if the use has been continuous, open, and without permission for over 20 years. If someone uses or accesses a private road without proper permission, they may be liable for trespass, which can result in both civil and criminal penalties. Civil trespass involves entering or remaining on someone's property without right or permission, and can lead to a lawsuit for damages. Criminal trespass involves entering or remaining on property after being forbidden to do so by the owner or occupant, and can result in fines or imprisonment under Massachusetts General Laws Chapter 266, Section 120.