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 Maryland, 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 or by a history of use, and it allows certain persons to use the private road for specific purposes. Without such permission, any use or access by others may be deemed trespassing. Trespassing on private property, including private roads, can lead to civil liability and criminal charges under Maryland law. The specific statutes that address trespassing and property rights include Maryland Criminal Law Code § 6-402 for criminal trespass and Maryland Real Property Code § 2-102 for easements. It's important for both property owners and those seeking to use private roads to understand their rights and obligations under Maryland law to avoid potential legal disputes or penalties.