# Roads that cross private to access public



## KineKilla (Jan 28, 2011)

I've always wondered if there are rules or regulations regarding the use of dirt roads that originate from a main road, cross private property and come out on public land.

Anyone know? I have a pic of an area that matches this description. Can't tell if there are gates or not from satellite imagery. 3 hour drive to find out. Also a much longer way around to get to this same road and not cross the private/CWMU.

Thoughts?









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## middlefork (Nov 2, 2008)

If the road is designated as a public right of way there should be no problem. Generally if there is a road or trail number associated with it, it is a public right of way.

Bottom line there has to be a public right of way to go through private land.


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## utskidad (Apr 6, 2013)

FWIW, on Facebook this week, DNR had a post saying that you needed landowner written permission to CROSS private property to access public property. My first thought was the situation you described. What about where there's a public easement?


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## Critter (Mar 20, 2010)

If the road has a county, forest service, BLM, state, or federal road number then there is no permission needed. If it is gated leave the gate as it was found. 

Now if you are crossing private land that has no trail, or road designation then you are going to need that written permission. 

I believe what the FB post was talking about is when you are headed to public land you can't just park your vehicle along another road and hop a fence and head to the public land. But you also should adhere to the trespassing law on when you can cross private without permission. Such as it not being posted, the fence is easily crossed, and there is no agriculture use of the land that you plan to cross. If it is just sagebrush and wild growing trees then it is more than likely that you don't need permission.

This is one place that I like Colorado's private property laws better. It is up to the hunter or fisherman to know just where he is at at all times and permission is always needed to cross private lands no matter what their status is. But as I mentioned above, if there is a road designation for the road or a trail number odds are you can cross it without permission but you need to stay on the road or trail.


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## KineKilla (Jan 28, 2011)

Thanks. How does one find out if there is a road designation or number?

This specific one has a name (according to OnX) but that's all I know. 

I intentionally zoomed in past the name as it is an area I'd like to hunt in the future and, well, internet and all.

To the idea that there has to be a right of way across private to access public, I know that isn't true. This state is full of privately landlocked public parcels.

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## Critter (Mar 20, 2010)

Forest Service or BLM maps have been my source for roads that have numbers.


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## middlefork (Nov 2, 2008)

Most mapping programs have a layer that will display the number.

Here is a little more information you can look at.






Access Rights - propertyrights.utah.gov


Home/Find the Law/Legal Topics/Access RightsAccess RightsNOTE: This summary is very simplified, and is provided for informational purposes. Any questions on this topic should be directed to The Office of the Property Rights Ombudsman.What are Access Rights?Access usually refers to access from a...




propertyrights.utah.gov


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## middlefork (Nov 2, 2008)

KineKilla said:


> .
> 
> To the idea that there has to be a right of way across private to access public, I know that isn't true. This state is full of privately landlocked public parcels.
> 
> Sent from my SM-N976U using Tapatalk


 I believe you are wrong in your thinking. "landlocked" means no legal access. Be it public or private.


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## KineKilla (Jan 28, 2011)

Perhaps my verbiage is incorrect. What is it called when there is public land entirely surrounded by private and there is no known access road or walk in allowance?

This same situation applies to the checkerboard pattern you see in much of Wyoming where corner jumping is not allowed.

Just wanna use the right verbiage.









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## middlefork (Nov 2, 2008)

That would be land locked. No legal access.


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## bowgy (Oct 10, 2007)

Some go through and some are locked, if they are county maintained roads like northfork below Navajo lake you can travel on it through the private land you just have to stay on the road.

We have a road through the ranch that used to be county maintained up to the springs through several private properties, people had the right to travel on the road but could not get off the road to hunt or camp. I got a call from the county road supervisor and he said that in checking his records they were only to maintain up to the private and would no longer maintain the road past the first gate, I told him that if we had to maintain our own roads that we (me and the other land owners) were going to lock the gate from now on, which we did.

I got a call from the DWR later that year telling me that hunters were complaining that the gate was locked and could no longer access the public land up there. I told him that the only public pieces were sections of State Trust Lands and had no roads going to them, in other words, landlocked. 

Never heard from them again and the gate is still locked, for the first couple of years the first gate was smashed a few times with trucks and the lock was shot several times, got a heavier duty gate put in and new chain and lock and we haven't had any problems the last couple of years. It also has stopped the trash problem and the Christmas tree cutting / stealing.


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## taxidermist (Sep 11, 2007)

middlefork said:


> That would be land locked. No legal access.


"Nailed it" I have a name for land like that, I call it worthless.


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## KineKilla (Jan 28, 2011)

It's worth something to the landowners that surround it. They are the only people that get to use it and they basically own it without having to pay for it or pay taxes on it.

Useless to the general public is true enough.

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## MrShane (Jul 21, 2019)

KK,
Not knowing your specific area, chances are the road will be open but posted on both sides.
The signage will be something like ‘No stopping, standing, loitering, hunting, etc on either side of road’ while you drive through the private to get to the public.


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## KineKilla (Jan 28, 2011)

I'm hoping so. I may not get to the areas I'm looking at this year but will eventually.

I don't trespass so using them to cross the land to hunt the public is fine by me. No reason for me to stray off of the road.

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## middlefork (Nov 2, 2008)

Most counties in Utah are using a GIS map for property ownership. I would imagine if you needed to see the recorded deed to that property you could get the information from the county recorder. It would have any easement on the deed.

It might entail more sleuthing than most want to do.

That being said the county assessor's office is your easiest and best resource to get the answers you want. I don't know of an "easy" button to answer your question. Looking at your screen shot it would appear that some major engineering and equipment was used to put the road in, and if it is on public on both ends I would lean towards open to travel through.


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## MWScott72 (May 23, 2011)

Call the FS district office and ask them about it. No better than from the horses mouth.


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