Live on private road and property crosses the private road, is the road area considered trespassing on private property?

UPDATED: Oct 1, 2022

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Live on private road and property crosses the private road, is the road area considered trespassing on private property?

Purschased house and land, access to land is a private one lane road. The property lines cross the road area to include 12 feet on the opposite side. Could this be consider private property and trespassing laws would apply?

Asked on February 1, 2019 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are sole owner of this private road, then the road area itself is your property and it would be trespassing for somone to drive, etc on it without your permission. If you are not the sole owner, however, you cannot exercise possession or control over the road and determine who can and cannot drive on it; it would not be trespassing for someone to use or be on the portion of the road running between your properties.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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