Law sets rules for private access easement upkeep and repairs

Owners of residential properties reached by a private easement or right-of-way pay for its upkeep and repairs. This covers easements or rights-of-way that provide access to residential property. An enforceable written agreement can set different terms. The act takes effect upon passage.

An owner who damages an easement or right-of-way must pay to repair or restore the damaged part. This covers owners of properties that benefit from or are crossed by the easement or right-of-way. The responsibility applies when the owner damages the easement directly or indirectly. The act takes effect upon passage.

Other owners may ask the superior court to order repairs or require an owner to pay their share. This applies to owners of properties that benefit from or are crossed by the easement or right-of-way. A case may be brought if an owner refuses required repairs or fails to pay their share after a written demand. Owners may bring the case together or separately. The act takes effect upon passage.