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 owner of residential real property benefiting from an easement or right-of-way is responsible for its maintenance and repair costs, including snow removal. The bill specifies that the costs of maintenance and repair should be shared among property owners in proportion to the benefit received, and it repeals the previous stipulation that the market value or assessed valuation of each property should not be considered in this calculation.

Additionally, the bill clarifies that any property owner who damages the easement or right-of-way is solely responsible for the repair of the damaged portion. It provides legal recourse for owners who refuse to fulfill their maintenance obligations, allowing for actions for specific performance or contribution to be brought in superior court. The act will take effect upon passage.

Statutes affected:
2475: 34-9.1-2
2475  SUB A: 34-9.1-2