55 Uncle Rolf Private Roads

The designation of a way as “private” should not be viewed as bestowing too broad a range of special rights and protections for the owners of the abutting properties along the private way. The principle impact of a way being designated as private relates to who bears responsibility for maintenance of the way (usually the abutting owners), the various approvals required from the city/town for development of the way, and issues regarding utilities. The public does have a right to travel on private ways (drivers, bike riders, and pedestrians), and owners cannot prevent the public from lawful use of the way. It is possible for the owners to establish parking rules, but since it is a private way, police have very limited

jurisdiction as to enforcement. If members of the public are acting contrary to law, then they would be liable just as they would be for the same behaviors on public ways, but private way owners cannot independently restrict their lawful behavior. Note, dog-walking in and of itself would have to be considered as a lawful act. Also, one’s assessment of the type of person walking through the neighborhood does not give rise to any preventative actions by private way abutters. Cities/towns typically have by-laws regarding the private ways within that locale, but they almost always govern matters such as plowing, trash removal, and the like.