HP1157, LD 1598, item 1, An Act To Define the Responsibilities of Property Owners for the Maintenance and Repair of Private Roads

An Act To Define the Responsibilities of Property Owners for the Maintenance and Repair of Private Roads

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 23 MRSA §3107 is enacted to read:

§ 3107. Responsibility for cost of repairs and maintenance of private roads and ways

1. Benefited property defined. "Benefited property" means real estate consisting of at least one but not more than 4 residential dwelling units that is benefited by a private road or private way, as an easement or by fee ownership, providing access to that real property.

2. Obligation. An owner of benefited property is responsible for the cost of repairs and maintenance to a private road or private way providing access to that owner's benefited property.

3. Cost sharing. If more than one benefited property benefits from a private road or private way, each owner of that benefited property is responsible for a share of the cost of repairs and maintenance to that private road or private way determined pursuant to the terms of any enforceable written agreement entered into to determine the share of the cost of repairs and maintenance of the private road or private way, any deed restriction or covenant applicable to the benefited property or any road association created pursuant to this subchapter or otherwise. In the absence of any such agreement, restriction, covenant or road association, each owner of a benefited property shall share, in proportion to the benefit received by that owner's benefited property, the cost of repairs and maintenance of the private road or private way providing access to that benefited property.

4. Damage. Notwithstanding any provision of subsection 2 to the contrary, any owner of benefited property who directly or indirectly damages a portion of a private road or private way providing access to a benefited property that benefits from the private road or private way is solely responsible for repairing or restoring the portion of the private road or private way damaged by that owner.

5. Enforcement. If an owner of a benefited property refuses to repair or restore a damaged portion of a private road or private way in accordance with subsection 3, or fails, after a demand in writing, to pay that owner's proportion of the cost of repairs and maintenance of a private road or private way in accordance with subsection 2, an action for specific performance or contribution may be brought against that owner by an owner or owners of benefited properties, either jointly or severally.

6. Conflict. In the event of any conflict between the provisions of this section and an agreement, restriction, covenant or road association described in subsection 2 existing on or entered into after the effective date of this section, the terms of the agreement, restriction, covenant or road association control.

summary

This bill establishes responsibility for the repair and maintenance of private roads and private ways that benefit residential properties. Unless there is an agreement, restriction, covenant or road association that specifies the cost to be paid by each owner of a benefited property, the cost is shared in proportion to the benefit received by each owner of benefited property. An owner who damages a private road or private way that benefits other residential properties is solely responsible for the cost of repairs to fix the damage. An owner who fails to comply may be forced to comply through an action brought by other owners on the private road or private way.

HP1157 LD 1598	Session - 129th Maine Legislature		LR 1831 Item 1
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information for this Bill
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Current Committees		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer