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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 West Virginia, private roads and driveways are considered the property of the landowner, and access by others is typically restricted. Individuals other than the owner must have express or implied permission to use these private roads, which can be granted through a license or an easement. An easement can be established by agreement, necessity, or through continued, uninterrupted, and obvious use over a period of time (prescriptive easement). Without such permission, any use or access by others may be deemed trespassing, which can lead to both civil and criminal penalties under West Virginia law. It's important for landowners and users alike to understand the specific rights and restrictions associated with private road access to avoid legal disputes and potential trespassing violations.

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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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West-Virginia State Code

West-Virginia State Code

Real property

private roads

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