An Act To Define the Responsibilities of Property Owners for the Maintenance and Repair of Private Roads
Maine Legislature, Session 129, LD 1598
Committee: Judiciary
Sponsors: McLEAN, POULIOT, BAILEY, MARTIN, LIBBY
Amends: 23 MRSA §3107

Legislative Document
No. 1598
H.P. 1157
House of Representatives, April 18, 2019
An Act To Define the Responsibilities of Property Owners for the 
Maintenance and Repair of Private Roads
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McLEAN of Gorham.
Cosponsored by Senator POULIOT of Kennebec and
Representatives: BAILEY of Saco, MARTIN of Sinclair, Senator: LIBBY of Androscoggin.
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.