AN ACT RELATING TO PROPERTY -- MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-OF-WAY (Provides that the cost of maintaining and repairing or restoring an easement or right-of-way shall be shared by each owner of a benefited property and their costs shall be determined by and commensurate with the municipal appraisal of each property.)

H7763

2026 -- H 7763
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LC004995
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO PROPERTY -- MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-
OF-WAY

Introduced By:
Representatives Shallcross Smith, Boylan, Fellela, and DeSimone

Date Introduced:
February 12, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 34-9.1-2 of the General Laws in Chapter 34-9.1 entitled
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"Maintenance of Private Easements and Rights-Of-Way" is hereby amended to read as follows:
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34-9.1-2. Maintenance of private easement and rights-of-way.
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(a) In the absence of an enforceable, written agreement to the contrary, the owner of any
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residential real property that benefits from an easement or right-of-way, the purpose of which is to
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provide access to the residential real property, shall be responsible for the cost of maintaining the
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easement or right-of-way in good repair and the cost of repairing or restoring any damaged portion
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of the easement or right-of-way. The maintenance shall include, but not be limited to, the removal
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of snow from the easement or right-of-way.
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(b) In the absence of an enforceable, written agreement, the cost of maintaining and
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repairing or restoring the easement or right-of-way shall be shared by each owner of a benefited
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property in proportion to the benefit received by each property
; provided, that the market value or
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assessed valuation
, which benefit shall be determined by and commensurate with the current
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municipal assessment
of each such property
shall not be taken into consideration in the calculation
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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 or any owner of a burdened property who directly or indirectly damages any
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portion of the easement or right-of way
, including damages caused by such property owners'

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invitees,
shall be solely responsible for repairing or restoring the portion damaged by that owner.
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(d) If any owner of a benefited or burdened property refuses to repair or restore a damaged
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portion of an easement or right-of-way in accordance with this section, or fails, after a demand in
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writing, to pay the owner’s proportion of the cost of maintaining or repairing or restoring the
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easement or right-of-way in accordance with subsection (b), an action for specific performance or
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contribution may be brought in the superior court against the owner by other owners of benefited
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or burdened properties, either jointly or severally.
The written demand shall include information
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and documentation relevant to the damage repaired or restored, including all engineering or
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contractor proposals, evaluations, applications and costs, and include a detailed explanation of the
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factors considered in arriving at the owner’s proportional cost.
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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 subsections (a) or (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 provide that in the absence of a written agreement, the cost of maintaining
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and repairing or restoring an easement or right-of-way shall be shared by each property owner of a
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benefited property and their share of such costs shall be determined by and commensurate with the
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current municipal assessment of each property. This act would further provide that any written
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demand for such costs to any owner refusing to repair or restore the damaged areas shall include
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information and documentation relevant to the damage repaired or restored, including a detailed
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explanation of the factors considered in arriving at the owner’s proportional costs of such repairs
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or restoration.
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This act would take effect upon passage.
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