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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 Montana, private roads or driveways are considered the property of the landowner, and access by others is typically restricted. Individuals other than the owner must have permission to use these private roads, which can be granted explicitly or implicitly through mechanisms like licenses or easements. Montana law recognizes easements, including prescriptive easements, which may allow for the use of private roads over time under certain conditions. Without such permission, unauthorized use of a private road can lead to civil liability for trespass. Additionally, under Montana Code Annotated § 45-6-201, criminal trespass may occur if a person knowingly enters or remains unlawfully on the property of another, which can include private roads. Penalties for trespassing can range from fines to imprisonment, depending on the severity of the offense and whether it is prosecuted as a misdemeanor or a felony.

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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

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Montana State Code

Montana State Code

Real property

private roads

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