Only the land occupier or user (often the owner but not always) can give permission to enter private property otherwise it is a trespass. I assume this is not a public road. If the developer has permission to enter the property and use the road, theoretically he could let anyone associated with his development use it based on his permission. However, it would be fact dependent, is there any kind of permission, even verbal given to the developer? Remember permission can be revoked at anytime; then it becomes non-permissive use. That is why written agreements to right of use of often attained to specify when/how they can be revoked. Hope this helps!
Jun 4, 2013