Legal Question in Real Estate Law in Connecticut
Private Road
I frequently walk in a neighborhood that has a ''private road - residents only'' sign at the entrance. The neighborhood is a network of three streets that loop around each other. There is only one access into and out of the neighborhood. There are no guards or security personnel, just the sign. This neighborhood receives all city services including road maintenance, fire and police. It does not receive trash collection and sewer services.Today, a woman stopped me and said ''You can't walk in this neighborhood. It's private''. I said I believed I could walk on any city street I wanted. She said I was breaking the law. Who is correct?
2 Answers from Attorneys
Re: Private Road
You're probably mistaken when you say it's a city street. While I don't know exactly the area to which you refer, most likely the streets are private property, owned and maintained by a private association of neighbors.
Whether you're trespassing is a separate issue. This would involve a fairly complicated analysis of the access to the property, conduct of the association, local ordinances, etc. I can't say based on your description whether you're allowed to walk there or not. Most likely your local municipality would have a better idea of the rules than some anonymous lawyer on the internet.
Re: Private Road
She probably is. I can't tell for sure without knowing the town, location, etc., but lots of towns have private roads which are plowed and even maintained by the town, but which are still private and can have access restricted by the owner.