The bill amends Section 34-9.1-2 of the General Laws concerning the maintenance of private easements and rights-of-way. It establishes that, in the absence of a written agreement, the costs of maintaining and repairing or restoring an easement or right-of-way shall be shared by each property owner of a benefited property. The share of such costs will be determined by and commensurate with the current municipal assessment of each property.

Furthermore, the bill specifies that any property owner who damages the easement or right-of-way, including damages caused by their invitees, shall be solely responsible for repairing or restoring the portion damaged by that owner. If an owner refuses to repair or pay their share of maintenance costs after a written demand, other property owners may bring an action for specific performance or contribution in court. The written demand must include information and documentation relevant to the damage repaired or restored, including all engineering or contractor proposals, evaluations, applications, and costs, as well as a detailed explanation of the factors considered in arriving at the owner's proportional costs.

The act will take effect upon passage.

Statutes affected:
5182: 34-9.1-2
5182  SUB A: 34-9.1-2