The bill amends Section 34-9.1-2 of the General Laws in Chapter 34-9.1, which pertains to the maintenance of private easements and rights-of-way. The amendment specifies that in the absence of an enforceable, written agreement, the owner of residential real property that benefits from an easement or right-of-way must maintain it in good repair, including snow removal. The costs for maintenance and repairs are to be shared by each owner of a benefited property in proportion to the benefit received. The bill introduces a change by removing the consideration of market value or assessed valuation in calculating the benefit received and instead bases the cost-sharing on the city or town real estate appraisal of each property.

Additionally, the bill states that any owner or renter who directly or indirectly damages the easement or right-of-way is solely responsible for repairing or restoring the damaged portion, including damage caused by any vehicles working for or with the property owners or renters. If an owner refuses to repair damage or pay their share of maintenance costs, other owners can bring an action for specific performance or contribution in superior court. The bill also clarifies that if there is a conflict between this section and any existing agreement, the terms of the agreement will prevail. The act will take effect upon passage.

Statutes affected:
8238: 34-9.1-2