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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 New Jersey, private roads are considered the property of the landowner, and access to these roads is typically restricted to the owner and those who have been granted permission. Permission can be explicit, such as through a license or an easement agreement, or it can be implied under certain circumstances. An easement can be established for various reasons, including necessity, where no other access to a property exists, or by prescription, through continuous and uninterrupted use over a period of time. Without such permission, any unauthorized use of a private road may be deemed trespassing, which can lead to both civil and criminal consequences. Trespassing is addressed under New Jersey statutes, such as N.J.S.A. 2C:18-3, which defines and penalizes different forms of trespass. It is important for individuals to respect the rights of private road owners and to seek lawful access when needed.

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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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New-Jersey State Code

Real property

private roads

New-Jersey State Code

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