Private Road Laws In California 2026: What You Need To Know

Private roads are common throughout California, especially in rural areas and newer developments. Understanding your rights and responsibilities as a private road owner or user can save you time, money, and legal trouble. This guide explains everything you need to know about California’s private road laws.

What Is a Private Road?

A private road is a roadway owned and maintained by private individuals or groups. These roads are not public highways. They differ from public streets because only certain people have the right to use them.

Private roads serve many purposes in California. Some provide access to homes in rural areas. Others connect commercial properties to public highways. Many private roads exist in gated communities and planned developments.

The law treats private roads differently than public streets. Property owners must handle maintenance, repairs, and traffic enforcement themselves. Local governments do not automatically take care of these roads.

Basic Private Road Laws

When Traffic Laws Apply to Private Roads

California has specific rules about when state traffic laws apply to private roads. Cities and counties can make private roads subject to vehicle code rules through special ordinances. This happens when private roads connect to public highways and the public cannot tell they are not public roads.

For roads not generally open to the public, property owners can petition their local government to apply traffic laws. A majority of road owners must request this change, and proper signs must be posted.

Emergency Vehicle Access Requirements

All private streets must be maintained so that fire, police, health and sanitation, and public utility vehicles can reach properties. Roads must also have adequate turning areas for these emergency vehicles.

This is a critical safety requirement. Failure to maintain proper emergency access can create legal liability. It can also delay emergency response when you need help most.

Private Road Maintenance Laws

Who Must Maintain Private Roads

Under California Civil Code Section 845, the owner of any private right-of-way easement must maintain it in repair. When multiple people own or use the easement, they must share maintenance costs.

The law requires property owners to keep their private roads in good condition. This includes basic repairs, snow removal, and emergency access maintenance. Property owners can be sued if they refuse to pay their fair share of maintenance costs.

How Maintenance Costs Are Split

When there is no written agreement, maintenance costs must be shared proportionally based on how much each owner uses the easement. This can be complex to calculate in practice.

Courts consider many factors when determining proportional use. These include the number of vehicles, the weight of vehicles, the distance each owner travels, and how often they use the road.

Some examples of factors that affect cost sharing include:

A homeowner with two cars versus one with a single vehicle
Residents who live there year-round versus part-time occupants
Heavy delivery trucks versus regular passenger cars
Commercial properties versus residential homes

Legal Action for Maintenance Disputes

Property owners can go to court to force others to pay their share of road maintenance. These cases can be filed in small claims court for amounts under $10,000 or in regular civil court for larger amounts.

Before filing a lawsuit, you must make a written demand for payment. The law requires this formal notice before you can take legal action. Keep copies of all written demands and responses.

Traffic Law Enforcement on Private Roads

When Police Can Issue Citations

Most private roads are not subject to regular traffic enforcement. Police generally cannot enforce vehicle code violations on private property unless specific conditions are met.

However, some traffic laws always apply on private property:

Driving under the influence (DUI)
Reckless driving
Speed contests and street racing
Basic speed law violations

How to Get Traffic Law Enforcement

Property owners can petition their local government to make their private road subject to traffic laws. This requires a majority petition from road owners and a public hearing with 10 days notice.

Once approved, proper signs must be posted at road entrances. Signs must be readable from 100 feet away during daylight hours. The signs must state that the road is subject to vehicle code enforcement.

Even with these ordinances in place, law enforcement agencies are not required to provide regular patrol services on private roads.

Property Rights and Easements

Types of Private Road Easements

California recognizes several types of easements for private road access. Express easements are created through written agreements. Implied easements arise from past use patterns. Prescriptive easements develop through long-term unauthorized use.

Easements by necessity occur when a property would be landlocked without road access. These require prior common ownership and continuing necessity for access.

Easement Rights and Restrictions

Property owners cannot unreasonably interfere with established easement rights. This means they cannot block access or place obstacles in the easement area.

However, easement holders must also follow certain rules. They can only use the easement for its intended purpose. They cannot expand their use beyond what the easement allows.

Special Circumstances

Commercial vs. Residential Use

California Vehicle Code Section 21107.6 applies specifically to private roads serving commercial establishments. Cities and counties can declare these roads subject to full traffic law enforcement.

Commercial private roads have different requirements than residential ones. They often need wider turning areas, better signage, and more robust maintenance schedules.

Homeowner Associations and Private Roads

Many private roads in California are maintained by homeowner associations (HOAs). When HOAs maintain private roads, Civil Code Section 845 may still apply to determine who pays for maintenance costs.

HOA members who do not directly use private roads may still have to pay for their maintenance through association fees. This depends on the HOA’s governing documents and local law.

Snow Removal Requirements

California Civil Code Section 845 includes specific provisions for snow removal on private roads. Snow removal becomes required when it is necessary to provide access to served properties.

Property owners must agree in advance to snow removal responsibilities. Snow removal costs are shared the same way as other maintenance expenses.

Penalties and Consequences

Failure to Maintain Roads

Property owners who fail to maintain private roads face several potential consequences:

Emergency Access Violations: Local fire marshals can order immediate repairs or impose fines
Legal Action: Other property owners can sue for their share of maintenance costs
Insurance Issues: Poor road conditions may affect property insurance coverage
Liability Exposure: Injured parties may sue for damages from road defects

Blocking Easement Access

Interfering with established easement rights can result in court orders to restore access. Property owners may also face monetary damages.

Courts can issue temporary restraining orders to immediately restore blocked access. Violating these orders can result in contempt of court charges.

How to Resolve Private Road Issues

Creating Road Maintenance Agreements

Road maintenance agreements are highly recommended for private roads with multiple users. These contracts establish cost-sharing formulas, decision-making processes, and emergency repair procedures.

A good road maintenance agreement should cover:

Specific maintenance responsibilities for each property owner
How to make decisions about major repairs or improvements
Emergency repair authorization and cost recovery
Dispute resolution procedures

Working with Local Government

Some counties have programs to help convert private roads to public maintenance. This usually requires unanimous property owner consent, road improvements to county standards, and voter approval for ongoing funding.

Property owners can also petition their local government for vehicle code enforcement on private roads. This process requires majority support and proper legal notices.

Getting Professional Help

Complex private road disputes often require professional assistance. Consider consulting:

Real estate attorneys for easement and maintenance disputes
Surveyors for boundary and easement location questions
Engineers for road design and improvement specifications
Mediators for neighbor disputes over road use

Recent Law Changes

California’s private road laws have remained relatively stable in recent years. The most recent major update to Vehicle Code Section 21107.7 occurred in 2014, clarifying procedures for applying traffic laws to private roads.

However, new traffic laws in 2025 affect private roads that are subject to vehicle code enforcement. These include stricter parking restrictions near crosswalks and increased financial responsibility requirements.

Property owners should stay informed about local ordinance changes. Many cities and counties update their private road regulations periodically.

Frequently Asked Questions

Who is responsible for maintaining a private road in California?

The property owners who use the private road are responsible for maintenance costs. These costs must be shared proportionally based on use, unless there is a written agreement that says otherwise.

Can police give tickets on private roads?

Generally no, unless the local government has passed an ordinance making the private road subject to traffic laws. Even then, regular patrol services are not required.

What happens if a neighbor refuses to pay for road maintenance?

You can sue them in court to recover their share of maintenance costs. You must first make a written demand for payment before filing a lawsuit.

Can I block access to a private road on my property?

If others have legal easement rights to use the road, you cannot unreasonably interfere with their access. Blocking established easements can result in court orders and monetary damages.

How do I know if my road is private or public?

Check your property deed, title insurance policy, and county records. Your county surveyor’s office can help you determine if there are recorded easements affecting your property.

Final Thoughts

Private road ownership in California involves both rights and responsibilities. Understanding these laws can help you avoid costly disputes and ensure proper road maintenance.

The key points to remember are that maintenance costs must be shared fairly among users. Traffic laws generally do not apply without special local ordinances. Emergency vehicle access must always be maintained.

When in doubt, consult with qualified professionals. The cost of legal advice is usually much less than the cost of lengthy disputes or emergency repairs.

Private Road Laws in California 2026: What You Need to Know