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 cost 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.

Additionally, 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.

The bill also stipulates that if an owner fails to repair or restore the easement or right-of-way 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 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 cost. This act will take effect upon passage.

Statutes affected:
2475: 34-9.1-2