Private Road Association

UPDATED: Oct 1, 2022

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Private Road Association

We are part of an private road association formed via an easement. There are only
11 members and the road is horrible condition. One member thinks that by
incorporating we can remove liability for all members due to the road condition. Is
that true?

Asked on September 4, 2018 under Real Estate Law, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Corporations are a way to protect people from personal liability.  That is why the one member is insisting on it.  Should the road be the responsibility of you personally then you could be sued personally and any assets held subject to judgement.  If the Association as a corporation owns the road only it's assets are subject to judgement.  Consider haveing the Assocaition as a corporation obtain liability insurance.  Consult an attorney on this.  It is a very important matter and the memeber is right to have you inquire.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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