§ 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 the residential real property, shall be responsible for the cost of maintaining the easement or right-of-way in good repair and the cost of repairing or restoring any damaged portion of the easement or right-of-way. The maintenance shall include, but not be limited to, the removal of snow from the easement or right-of-way.
(b) In the absence of an enforceable, written agreement, the cost of maintaining and repairing or restoring the easement or right-of-way shall be shared by each owner of a benefited property in proportion to the benefit received by each 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 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 the easement or right-of-way in accordance with subsection (b), an action for specific performance or contribution may be brought in the superior court against the owner by other owners of benefited 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.
History of Section. (P.L. 2018, ch. 142, § 1; P.L. 2018, ch. 241, § 1.)
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