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 North Dakota, private roads are considered the property of the landowner and are not for public use unless permission is granted. The state recognizes express or implied permission, such as licenses or easements, which allow individuals to use or access private roads legally. Without such permission, any use or access is considered trespassing. Trespassing can result in both civil and criminal penalties under North Dakota law. Civil penalties may include damages for any harm caused, while criminal penalties can range from fines to imprisonment, depending on the severity of the trespass. It is important for individuals to respect the rights of private road owners and to seek the necessary permissions to avoid legal consequences.