2015 -- H 6316

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LC002860

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PROPERTY -- MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-

OF-WAY

     

     Introduced By: Representative Blake Anthony Filippi

     Date Introduced: June 17, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 9.1

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MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-OF-WAY

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     34-9.1-1. Definitions. -- As used in this chapter:

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     (1) "Residential real property" means one to four (4) family residential real estate located

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in this state, but does not include property owned by the state or any political subdivision thereof;

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     (2) "Benefited property" or "property that benefits" means and includes residential real

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property enjoying the use of an easement or right-of-way; and

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     (3) "Easement" or "right-of-way" means a private appurtenant easement or right-of-way.

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     34-9.1-2. Maintenance of private easements and rights-of-way. -- (a) In the absence of

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a written agreement to the contrary, the owner of any residential real property that benefits from

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an easement or right-of-way, the purpose of which is to provide access to such residential real

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property, shall be responsible for the cost of maintaining such easement or right-of-way in good

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repair and the cost of repairing or restoring any damaged portion of such easement or right-of-

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way. Such maintenance shall include, but not be limited to, the removal of snow from such

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easement or right-of -way.

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     (b) If more than one residential real property benefits from such easement or right-of-

 

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way, the cost of maintaining and repairing or restoring such easement or right-of-way shall be

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shared by each owner of a benefited property, pursuant to the terms of any enforceable written

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agreement entered into for such purpose. In the absence of such agreement, the cost of

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maintaining and repairing or restoring such easement or right-of-way shall be shared by each

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owner of a benefited property in proportion to the benefit received by each such property,

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provided that the market value or assessed valuation of each such property shall not be taken into

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consideration in the calculation of benefit received.

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     (c) Notwithstanding the provisions of subsections (a) and (b) of this section, any owner of

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a benefited property who directly or indirectly damages any portion of the easement or right-of-

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way shall be solely responsible for repairing or restoring the portion damaged by such owner.

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     (d) If any owner of a benefited property refuses to repair or restore a damaged portion of

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an easement or right-of-way in accordance with subsection (c) of this section, or fails, after a

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demand in writing, to pay such owner's proportion of the cost of maintaining or repairing or

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restoring such easement or right-of-way in accordance with subsection (b) of this section, an

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action for specific performance or contribution may be brought in the superior court against such

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owner by other owners of benefited properties, either jointly or severally.

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     (e) In the event of any conflict between the provisions of this section and an agreement

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described in subsection (b) of this section, the terms of the agreement shall control.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-

OF-WAY

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     This act would establish the rights and obligations of property owners concerning the

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maintenance of private easements and rights-of-way.

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     This act would take effect upon passage.

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