Do private roads apply to pedestrian traffic too?

[Donedeal]

What is the name of your state (only U.S. law)? CT

There is a private road that I like to walk on near my house, as the only other walking areas are main busy roads. It is a new development with a green street sign that say Aberdeen Rd. Below the stop sign (which is for egress traffic) there is an outward facing white sign (ingress) that states "private road no thru traffic". I was walking today and a gentleman came out of his house to yell at me. I have a few questions:

1) Is this a legit sanctioned private road recognized through the town or State (or what department can I ask to find out) ? Doesn't the actual green street sign have to say PVT on it for that to be the case? Can any old neighborhood just put up a private road sign?

2) If this is a private road, do I as a Pedestrian, have any right to walk on it? What legal ramifications can be made against me if not?

Thank you.

 

[154NH773]

The fact that it has a sign saying "private road" indicates it is not a town or other municipality owned and controlled road.

The rest becomes more difficult to determine. The road may be owned totally or in part by an individual or association, or by individual property owners within the subdivision who have granted easements for ingress and egress. Without investigation of the deeds and other easement documents it would be impossible to determine.

That said; if the road is not posted (and a "no thru traffic" is not "posted") it may be lawful for you to walk on it. If the individual told you not to trespass, and if he has standing to make that statement, then you must not trespass.

He would have "standing" if he is, or he represents, the owner of the servient estate (roadway property owner), and that owner has not granted any easement allowing you to walk on the road.

I live on a similiar type street, with the same type of signs, and I don't know of anyone on this street that would "yell" at anyone for walking on it.

 

[154NH773]

I might add, that ownership and easement documents would have to be researched, but in general if other property owners in the subdivision are granted ingress and egress rights, that usually implies that their friends, visitors, and delivery people also have rights on that roadway. Perhaps you can befriend someone else on the road and get their permission.

Next time he "yells" at you, ask him courteously by what authority he is telling you not to trespass. Ask him his name.

If you really want to go to the trouble, do some research at the registry of deeds to see if he actually has authority to keep you off. You may not be able to find everything in the records if there is an association that controls the roadway. If there is an association, find out who their officers are and ask for a copy of their bylaws and rules.