Legal Definitions - private way

A private way is a road, path, or driveway that is privately owned and maintained, rather than being a public street or highway. Access to a private way is typically restricted to specific individuals, such as property owners whose land abuts the way, or those who have been granted a legal right (an easement) to use it. Unlike public roads, private ways are not generally open for use by the general public and are not maintained by government entities.

Here are some examples to illustrate the concept of a private way:

• Imagine a long gravel driveway that branches off a public county road and serves two separate houses. The owners of these two houses jointly own and maintain this gravel driveway. They share the costs of repairs, snow removal, and upkeep. This driveway is a private way because it is not owned or maintained by the county, and its use is limited to the residents of those two homes and their guests. The general public does not have a right to use this driveway to access other areas.

• Consider a gated residential community where all the internal roads are owned and managed by the homeowners' association (HOA). Residents pay HOA fees, which cover the maintenance, landscaping, and security for these roads. Access to the community is controlled by a gate, and only residents, their authorized visitors, and service providers are permitted to use these roads. These internal roads are private ways because they are not public streets; they are privately owned and maintained by the HOA for the exclusive use of its members and their invitees.

• A farmer owns a large tract of land, and a small, unpaved road crosses a corner of their property to provide the only access to a neighboring, landlocked hunting cabin. The owner of the hunting cabin has a legal agreement (an easement) that grants them the right to use this specific path across the farmer's land. This unpaved road is a private way. It is privately owned by the farmer, but the cabin owner has a legal right to traverse it to reach their property, even though it is not a public road open to everyone.