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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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