APPROVED CHAPTER
MARCH 17, 2021 13
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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S.P. 80 - L.D. 192
An Act To Define the Responsibilities of Residential Property Owners for the
Maintenance and Repair of Private Roads
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA c. 305, sub-c. 2-A is enacted to read:
SUBCHAPTER 2-A
MAINTENANCE OF PRIVATE ROADS THAT BENEFIT RESIDENTIAL
PROPERTIES
§3121. Responsibility for cost of repairs to and maintenance of private roads that
benefit residential properties
1. Cost sharing. If more than one property shares a common benefit from a private
road, each property owner who shares the common benefit is responsible for a share of the
cost of reasonable and necessary repairs to and maintenance of that private road determined
pursuant to the terms of any agreement entered into to determine the share of the cost of
reasonable and necessary repairs to and maintenance of the private road, any deed
restriction, covenant or declaration applicable to the benefited property, any road
association created pursuant to this chapter or otherwise or any method elected under
section 3101, when applicable. In the absence of any such agreement, restriction, covenant,
declaration, road association or method elected under section 3101, each residential
property owner, after reasonable due process and notice, shall share equally in the cost of
reasonable and necessary repairs to and maintenance of the private road when the private
road is the primary means of access to the benefited property. For purposes of this section,
each residential property may be assessed only one share toward the collective cost of
repairs and maintenance regardless of whether there are multiple owners of record for one
property.
2. Repairs and maintenance defined. For the purposes of this section, "repairs and
maintenance" has the same meaning as set forth in section 3101, subsection 1, paragraph
B.
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 3. Enforcement. If a residential property owner fails to pay that owner's share of the
cost of reasonable and necessary repairs to and maintenance of the private road in
accordance with subsection 1, after a demand in writing, a legal claim for payment of the
amount owed may be brought against that owner by a residential property owner or owners
who share a common benefit in the road, either jointly or severally.
4. Conflict. In the event of any conflict between the provisions of this section and an
agreement, restriction, covenant, declaration, road association or method elected in section
3101 existing on or entered into after the effective date of this section, the terms of the
agreement, restriction, covenant, declaration, road association or method elected in section
3101 control.
5. Exceptions. This section does not apply to:
A. A private road constructed or primarily used for commercial or forest management
purposes; or
B. A property owner who issues a ground lease to a 3rd party who maintains a
residence on the subject property. As used in this section, "ground lease" means an
arrangement under which a property owner leases only land to a lessee and the lessee
retains the rights to use the land and any improvements the lessee makes for the term
of the lease.
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