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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 Pennsylvania, private roads are considered the property of the landowner and are not for public use unless permission is granted. The landowner can give express permission through a license or an implied permission through an easement, which is a legal right to use the property for a specific purpose. Without such permission, any use or access by others can be considered trespassing. Trespassing is both a civil and criminal offense in Pennsylvania. Civilly, a landowner can sue for damages or to prevent further trespass. Criminally, trespassers may face penalties including fines and imprisonment. The specifics of these laws are outlined in the Pennsylvania Consolidated Statutes, Title 18 (Crimes and Offenses), which details the criminal aspects of trespass, and Title 68 (Real and Personal Property), which governs easements and licenses.

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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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Pennsylvania State Code

Pennsylvania State Code

Real property

private roads

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