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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 South Dakota, private roads are considered the property of the landowner and are not for public use unless permission is granted. Permission can be explicit, such as through a license or an easement agreement, or implied under certain circumstances. Easements may be granted for various reasons, including necessity, where no other access to a property exists, or by prescription, through long-term continuous use under certain conditions. Unauthorized use of a private road can lead to civil liability for trespass, and in some cases, criminal penalties. South Dakota codified laws provide specific statutes that address trespassing and the conditions under which an individual may be found liable or guilty of trespass. It is important for individuals to respect the rights of private road owners and seek the proper 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

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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South-Dakota State Code

South-Dakota State Code

Real property

private roads

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