What Do You Mean my Road is Private?

In a rural property context, a “private lane” (also called a private road or drive) typically means a roadway or access driveway that is not maintained by the public transportation authority (i.e., it isn’t part of the state or county road system). Instead it is owned, or at least maintained, by the landowner(s) or an association of owners.
Because of that status:

• The owner(s) generally bear responsibility for maintenance (snow removal, grading, drainage, repairs).

• Public access, liability, and upkeep differ compared to a public road.

• The existence of such a lane affects real-estate issues (easements, rights of way, subdivision requirements, financing/insurance).

Good news: I’ve created a handy checklist for new rural property owners (scroll to the end!)

Key Virginia Laws and Legal Points

Here are some of the most relevant statutes and legal points in Virginia that apply to private lanes/roads.

• Virginia Department of Transportation (“VDOT”) and localities: Under Code of Virginia § 46.2‑1307 a local governing body (county/city/town) may adopt ordinances to designate private roads within a residential development (100 or more lots) as highways for law-enforcement purposes. That means even if a road is “private”, local government can treat it like a highway for certain purposes (signage, speed limits, enforcement) if the ordinance is adopted.

• Entry from Private Road: Under Code of Virginia § 46.2‑826, a driver entering a public highway or sidewalk from a private road, driveway, alley, or building must stop immediately and yield to vehicles approaching on the public highway and to pedestrians.

• Gates & Access: Under Code of Virginia § 33.1‑202 a landowner over whose property a private road or right-of-way exists may erect and maintain gates across such roads or rights-of-way (unless otherwise provided by contract).

• Use, Public Access & Trespass: Private roads may be subject to trespass laws if access is restricted. As one legal commentary notes: “Persons who use or access a private road without the legally required permission may be subject to civil and criminal penalties for trespassing.”

• Subdivision / Private Lane Requirements: Local jurisdictions may have planning/residential subdivision requirements for private lanes. For example, in Louisa County, Virginia (two-lot subdivisions) there are minimum right-of-way width and frontage requirements for a private lane

Practical Implications for Rural Homeowners

As someone helping buyers/sellers in rural Northern Virginia, here are practical take-aways and what you might advise your clients:

1. Check Ownership & Maintenance Responsibilities

   • Who owns the private lane/road? Is it a single owner, a homeowners’ association (HOA), or multiple lot owners sharing responsibility?

   • Is there a maintenance agreement or owners’ association agreement covering upkeep, drainage, snow/ice removal, repairs?

   • Are the costs allocated fairly and clearly? Is there a reserve fund for major repairs (e.g., re-grading, paving, culverts)?

2. Access, Easements & Legal Rights

   • Ensure there is a recorded easement granting legal access over the private lane to your property. Without it, access could be challenged.

   • Are there restrictions (gates, permitted users, term of easement)? If your property’s access depends on another lot owner’s permission, that is a risk.

   • If the lane is shared among multiple lots, understand how decisions (repairs, upgrades) are made and how costs are shared.

3. Maintenance & Condition of the Lane

   • Inspect the lane’s condition: surface (gravel, paved), drainage (culverts, ditches), slope/grade, signage, winter access.

   • Ask whether the lane is suitable for the vehicles you’ll use (trucks, trailers), and whether the lane conforms to fire/access standards (emergency vehicle access).

   • Verify whether local government considers it in any way for emergency services (e.g., does the fire company have access?).

4. Insurance, Liability & Public Use

   • If the lane is open to the public (or used by multiple owners) the liability profile may increase. Clarify whether the lane is private-use only (residents) or allows general public access (which might trigger higher insurance or maintenance obligations).

   • If a local ordinance designates the lane as a highway for enforcement (e.g., under § 46.2-1307), then traffic rules apply (signage, speed limits etc.).

   • Make sure your insurance covers incidents that might occur on the lane (slip/trip, vehicle damage, accidents).

5. Future Resale Considerations

   • Potential buyers will want to know lane responsibility and condition. A clearly documented shared lane with maintenance plan is a selling point; a poorly documented or deteriorating private lane is a risk.

   • Check local subdivision or zoning codes: some jurisdictions may have limits on new development accessed only by private lanes or special requirements for private road improvements.

Specific Tips for Rural Property Owners (and What to Ask)

Here are targeted questions you can encourage your clients to ask (or you can evaluate) when dealing with properties having private lanes:

• Is the private lane legally recorded with an easement?

• Who pays for future repair/upkeep of the lane? Are there funds set aside?

• What is the surface of the lane (gravel, dirt, paved), and when was it last upgraded?

• Is there year-round maintenance (snow/ice removal) and how is that handled?

• Are there gates or access restrictions? If so, are they described in the property deed/association documents?

• Does the lane meet emergency services access standards (width, grade, signage)?

• Are there local government ordinances designating the lane for law-enforcement or public use (“highway” status) or is it fully private?

• Are there any disputes among owners regarding access, maintenance or improvements of the lane?

• Does the lane’s easement cover all necessary lots and specify maintenance responsibilities?

• If the seller is part of a shared privately maintained lane, is there a written agreement or informal arrangement? (Informal arrangements are riskier).

• Are there any drainage, culvert or tree issues along the lane that could lead to future costs?

Private lanes in Virginia are a common feature in rural property ownership — and they bring special legal, maintenance and access issues that differ from typical public roads in urban/suburban settings. Understanding the documentation (easement), maintenance responsibility, insurance/liability implications, and condition of the lane is key to good real-estate practice.