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Maine Alliance for Road Associations

Who is liable for our privat road

  • 25 Aug 2012 1:18 PM
    Message # 1056404
    Deleted user

    We are having an issue on our road.  Are we all liable for the entire road or is each lot owner responsible for only that portion of the road in front of their lot.  We are voting in September on liability insurance for the road and some lot owners don't agree on the road liability issue.  I would appreciate a  response before Sept. 15.

    Thank you

    Joann Wallace

  • 05 Sep 2012 7:17 PM
    Reply # 1065423 on 1056404
    Anonymous
    At least in Maine as far as I know...
    A typical property owner that lives on a private road is not considered by most concerned to be liable for that road.  However, if that property owner collected tolls, all bets are off.  If that property owner installs a speed bump, their ins co would probably cancel their homeowners policy. Generally regarded, a property owner may perform typical or usual maintenance on the road with little concern but not much else without assuming some liability.  Others are better able to discuss road associations.  Hope this helps.

  • 05 Sep 2012 7:41 PM
    Reply # 1065436 on 1056404
    Deleted user
    That's a question for an attorney, which I am not.  However, if someone is injured or suffers a loss as a result of your private road, we can safely assume that a plaintiff's attorney would go after anyone concerned: The owner(s) of the parcel(s) of land the road passes through, the road association which maintains the road, and the individual members of the association.  

    In other words, I think you'd all be at risk.
    Last modified: 05 Sep 2012 7:59 PM | Deleted user

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