2018 -- S 2359 SUBSTITUTE A AS AMENDED

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LC004496/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

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

OF-WAY

     Introduced By: Senators Lombardi, McCaffrey, Lynch Prata, Ciccone, and

     Date Introduced: February 15, 2018

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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

adding thereto the following chapter:

CHAPTER 9.1

MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-OF-WAY

     34-9.1-1. Definitions.

     As used in this chapter:

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

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

     (2) "Burdened property" means and includes residential real property over which the

easement runs;

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

and

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

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

     34-9.1-2. Maintenance of private easement and rights-of-way.

     (a) In the absence of an enforceable written agreement to the contrary, the owner of any

residential real property that benefits from an easement or right-of-way, the purpose of which is

to provide access to such residential real property, shall be responsible for the cost of maintaining

such easement or right-of-way in good repair and the cost of repairing or restoring any damaged

portion of such easement or right-of-way. Such maintenance shall include, but not be limited to,

the removal of snow from such easement or right-of-way.

     (b) In the absence of an enforceable written agreement, the cost of maintaining and

repairing or restoring such easement or right-of-way shall be shared by each owner of a benefited

property in proportion to the benefit received by each such property; provided, that the market

value or assessed valuation of each such property shall not be taken into consideration in the

calculation of benefit received.

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

a benefited property and/or any owner of a burdened property who directly or indirectly damages

any portion of the easement or right-of way shall be solely responsible for repairing or restoring

the portion damaged by that owner.

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

damaged portion of an easement or right-of-way in accordance with this section, or fails, after a

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

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

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

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

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

described in subsections (a) or (b) of this section, the terms of the agreement shall control.

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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 require that the cost of maintaining an easement or right-of-way be the

responsibility of the owner(s) of the property that the easement benefits.

     This act would take effect upon passage.

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