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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 Oregon, private roads are considered part of private property, and access to these roads is typically restricted to the landowner 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. Easements may be established for various reasons, including necessity, prior use, or for utility access. Without such permission, any use or access by others can be considered trespassing, which is both a civil and criminal matter under Oregon law. Civilly, a landowner can sue for damages or to prevent further trespass. Criminally, trespassing can result in fines and/or imprisonment. It's important for individuals to respect the rights of private road owners and to seek lawful means to gain access if 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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Oregon State Code

Oregon State Code

Real property

private roads

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