AN ACT RELATING TO PROPERTY -- MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-OF-WAY

2026 Regular Session Introduced by Lou DiPalma

Defines default proportional cost-sharing for private easement maintenance when no agreement exists, plus repair liability and civil remedies for nonpayment.

06/24/2026 Effective without Governor's signature

Bill Summary: SB 2475 (Rhode Island, 2026)

Purpose and intent

SB 2475, introduced by Senator Louis P. DiPalma, addresses the maintenance and cost-sharing of private easements and rights-of-way that provide access to residential properties. The bill clarifies who pays for maintenance, repairs, and restoration in the absence of an enforceable written agreement, and establishes processes for cost recovery when a party refuses to participate.

Key provisions

Cost responsibility in absence of a written agreement (residential easements/rights-of-way):

The owner of every residential property that benefits from the easement/right-of-way is responsible for the ongoing maintenance in good repair and for repairing/restoring any damaged portions. This includes snow removal.
If there is no written agreement, the maintenance costs must be shared by each benefited property owner in proportion to the benefit received. The proportional share is to be determined without considering market value or assessed valuation as the basis for the calculation.

Damage caused by owners or their invitees:

Any owner of a benefited property or burdened property who directly or indirectly damages any portion of the easement/right-of-way (including damages caused by invitees) is solely responsible for repairing/restoring the portion damaged by that owner.

Enforcement and dispute resolution:

If an owner refuses to repair/restore or fails to pay their proportional share after a written demand, other owners may sue for specific performance or contribution in superior court, either jointly or severally.
A written demand must include detailed damage information, engineering/contractor proposals, evaluations, costs, and a clear explanation of how the owner’s proportional cost was calculated.

Conflict with existing agreements:

If there is a conflict between this act and an existing agreement, the terms of the applicable agreement control.

Effective date:

The act takes effect upon passage.

Who is affected

Residential property owners who benefit from private easements or rights-of-way that serve access to their homes.

Burdened property owners who may incur costs or be responsible for damages to the easement/right-of-way.

Practical impact and considerations

Provides a default cost-sharing framework when no written agreement exists.

Establishes a clear mechanism for cost recovery through civil remedies if co-owners fail to cooperate.

Emphasizes documentation in demand letters to support a proportional cost calculation.

Could affect homeowners associations or neighboring property relations where private access easements are common.

Procedural timeline

Introduced: February 6, 2026

Referred to: Senate Housing & Municipal Government

Committee actions: Recommended for holding for further study (April 16, 2026); scheduled for further consideration (May 28, 2026)

Next steps: Pending committee deliberation and potential floor action. The act becomes effective upon passage.

This summary captures the bill’s substantive provisions and their potential effects on cost-sharing, maintenance obligations, and dispute resolution related to private easements and rights-of-way.