Legal Definitions - private road

A private road is a pathway or driveway located entirely on private property, intended for the exclusive use and maintenance by its owner or a specific group of private owners. Unlike public roads, private roads are not established, maintained, or controlled by government authorities (such as a city, county, or state). Access to a private road is typically restricted, and its existence and use are subject to the discretion of the private property owner(s).

• Example 1: Gated Residential Community

  Imagine a gated residential community where all the streets within the development are owned and maintained by the homeowners' association (HOA). Residents pay HOA fees, which cover the cost of road repairs, snow removal, and landscaping for these internal streets. The city's public works department does not provide services for these roads, nor does it have the authority to dictate their use or maintenance standards.

  This illustrates a private road because the roads are on private property (owned collectively by the HOA), their use is limited to residents and their guests, and their maintenance is solely the responsibility of the private owners, not the public government.

• Example 2: Remote Rural Property Access

  Consider a large, secluded ranch property accessible only by a long, unpaved road that branches off a public highway. This road winds through the ranch land for several miles before reaching the main house and outbuildings. The ranch owner is solely responsible for grading the road, filling potholes, and clearing any fallen trees. No public funds or services are used for its upkeep.

  This is a private road because it is entirely contained within the rancher's private property, its use is restricted to the ranch owner and their visitors, and the owner bears full responsibility for its maintenance without any public assistance.

• Example 3: Industrial Park Internal Roads

  An industrial park, housing several manufacturing plants and warehouses, has a network of internal roads connecting its various facilities to a main public thoroughfare. The corporation that owns and manages the industrial park is responsible for paving, lighting, and maintaining these internal roads, including snow removal in winter. Delivery trucks and employee vehicles use these roads, but they are not open to general public through-traffic.

  These are private roads because they are located on privately owned commercial property, their use is primarily for the businesses and their personnel within the park, and their maintenance is handled entirely by the private corporation, not the municipal government.