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 municipal appraisal of each property.

Furthermore, the bill specifies that any property owner who causes damage to 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 restore the damaged areas after a written demand, other property owners may take legal action for specific performance or contribution. 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, along with a detailed explanation of the factors considered in determining the owner's proportional costs. This act will take effect upon passage.

Statutes affected:
986: 34-9.1-2