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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 York, private roads are considered private property, 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 the benefit of neighboring property owners or the public, depending on the situation, and may be created by express grant, implication, or necessity. Trespassing on a private road without permission can lead to civil liability for damages to the property owner and potentially criminal charges. New York's Real Property Actions and Proceedings Law (RPAPL) governs the creation and enforcement of easements, while the Penal Law outlines the criminal aspects of trespass. It is important for individuals to respect the rights of private road owners and seek the appropriate legal permission before using such roads.

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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-York State Code

New-York State Code

Real property

private roads

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