2017 -- H 5344

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LC001082

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PROPERTY - EASEMENTS

     

     Introduced By: Representative Joy Hearn

     Date Introduced: February 02, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 34-7 of the General Laws entitled "By Possession and Prescription"

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is hereby amended by adding thereto the following section:

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     34-7-10. Maintenance of private easements and rights-of-way.

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     (a) For purposes of this section:

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     (1) "Benefited property" or "property that benefits" includes residential real property

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burdened by an easement or right-of-way, the owner of which residential real property uses such

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easement or right-of-way; and

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

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     (3) "Residential real property" means any real property located in Rhode Island, upon

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which is constructed or intended to be constructed a dwelling, but does not include property

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owned by the state or any political subdivision of the state;

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     (b) The owner of any residential real property that benefits from an easement or right-of-

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way, the purpose of which is to provide access to such residential real property, shall be

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responsible for the cost of maintaining such easement or right-of-way in good repair and the cost

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of repairing or restoring any damaged portion of such easement or right-of-way. Such

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maintenance shall include, but not be limited to, the removal of snow from such easement or

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right-of-way.

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

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

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

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     (e) 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 (d) 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 (c) of this section, an

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

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

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

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described in subsection (c) 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 - EASEMENTS

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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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