The bill amends Section 34-9.1-2 of the General Laws regarding the maintenance of private easements and rights-of-way. It establishes that, in the absence of a written agreement, the owner of residential real property benefiting from an easement or right-of-way is responsible for the maintenance and repair costs, including snow removal. The costs for maintaining and repairing the easement or right-of-way will be shared among the owners of benefited properties, with their share determined by the municipal appraisal of each property, rather than market value or assessed valuation, which has been deleted from the current law.

Additionally, the bill stipulates that any property owner who causes damage to the easement or right-of-way, including damages caused by their invitees, is solely responsible for the repair or restoration of the damaged portion. If an owner fails to comply with repair demands or does not pay their share of maintenance costs after a written demand, other property owners may bring an action for specific performance or contribution in superior court. The written demand must include relevant information and documentation regarding the damage and a detailed explanation of the proportional costs. The act will take effect upon passage.

Statutes affected:
5182: 34-9.1-2