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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 Missouri, private roads are considered the property of the landowner and are not for public use without permission. The landowner can grant access through express permission, such as verbally or in writing, or through an implied easement, which may arise from continued and customary use. However, this use must be apparent, and the landowner must be aware of it. Without such permission, any unauthorized use of a private road can be considered trespassing. Trespassing is subject to civil liability and criminal penalties under Missouri law. The state statutes provide remedies for landowners to prevent trespassing and to seek compensation for damages. It's important for both landowners and those seeking to use private roads to understand the specific legal requirements and restrictions to avoid potential legal disputes.

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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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Missouri State Code

Missouri State Code

Real property

private roads

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