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 Texas, private roads are considered part of an individual's private property. The owner of the property has the right to control access to these roads. Individuals other than the owner must have permission to use the private road, which can be granted explicitly or implicitly, such as through a license or an easement. An easement can be established for various reasons, including necessity, prior use, or if it's been granted by the property owner. Without such permission, any use or access by others may be deemed trespassing. Trespassing on private property, including private roads, can result in civil liability and criminal charges under Texas law. The Texas Penal Code outlines the offense of criminal trespass, which may apply to unauthorized access to private roads. The penalties for trespassing can range from a fine to imprisonment, depending on the circumstances of the violation.
