An Act To Define the Responsibilities of Residential Property Owners for the Maintenance and Repair of Private Roads
Maine Legislature, Session 130, LD 0192
Committee: Judiciary
Sponsors: BAILEY, BRENNER, CURRY, RAFFERTY

Legislative Document
No. 192
S.P. 80
In Senate, January 27, 2021
An Act To Define the Responsibilities of Residential Property 
Owners for the Maintenance and Repair of Private Roads
Received by the Secretary of the Senate on January 25, 2021.  Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Cosponsored by Senators: BRENNER of Cumberland, CURRY of Waldo, RAFFERTY of 
York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA c. 305, sub-c. 2-A is enacted to read:
SUBCHAPTER 2-A
MAINTENANCE OF PRIVATE ROADS THAT BENEFIT RESIDENTIAL 
PROPERTIES
§3121.  Responsibility for cost of repairs to and maintenance of private roads that 
benefit residential properties
1.  Cost sharing.  If more than one property shares a common benefit from a private 
road, each property owner who shares the common benefit is responsible for a share of the 
cost of reasonable and necessary repairs to and maintenance of that private road determined 
pursuant to the terms of any agreement entered into to determine the share of the cost of 
reasonable and necessary repairs to and maintenance of the private road, any deed 
restriction, covenant or declaration applicable to the benefited property, any road 
association created pursuant to this chapter or otherwise or any method elected under 
section 3101, when applicable.  In the absence of any such agreement, restriction, covenant, 
declaration, road association or method elected under section 3101, each residential 
property owner, after reasonable due process and notice, shall share equally in the cost of 
reasonable and necessary repairs to and maintenance of the private road when the private 
road is the primary means of access to the benefited property.  For purposes of this section, 
each residential property may be assessed only one share toward the collective cost of 
repairs and maintenance regardless of whether there are multiple owners of record for one 
property.
2.  Repairs and maintenance defined.  For the purposes of this section, "repairs and 
maintenance" has the same meaning as set forth in section 3101, subsection 1, paragraph 
B.
3.  Enforcement.  If a residential property owner fails to pay that owner's share of the 
cost of reasonable and necessary repairs to and maintenance of the private road in 
accordance with subsection 1, after a demand in writing, a legal claim for payment of the 
amount owed may be brought against that owner by a residential property owner or owners 
who share a common benefit in the road, either jointly or severally.
4.  Conflict.  In the event of any conflict between the provisions of this section and an 
agreement, restriction, covenant, declaration, road association or method elected in section 
3101 existing on or entered into after the effective date of this section, the terms of the 
agreement, restriction, covenant, declaration, road association or method elected in section 
3101 control.
5.  Exceptions.  This section does not apply to:
A.  A private road constructed or primarily used for commercial or forest management 
purposes; or
B.  A property owner who issues a ground lease to a 3rd party who maintains a 
residence on the subject property.  As used in this section, "ground lease" means an 
arrangement under which a property owner leases only land to a lessee and the lessee 
retains the rights to use the land and any improvements the lessee makes for the term of the 
lease.
SUMMARY
This bill addresses the responsibility for the repair and maintenance of private roads 
that benefit residential properties.  It is limited in application to residential properties only.  
Unless there is an agreement, deed restriction, covenant or declaration or road association 
that specifies the cost to be paid by each owner of a benefited property, the cost is shared 
equally by the benefited properties.  Each residential property is subject to cost sharing, not 
each residential property owner; each residential property is assessed one share of the 
collective costs of repairs and maintenance regardless of whether there are multiple owners 
of record for that property.  An owner who fails to comply may be forced to comply through 
an action brought by other owners on the private road.
The bill uses the definition of "repairs and maintenance" provided in the law that 
applies to road associations.
The provisions do not apply to a private road constructed or used primarily for 
commercial or forest management purposes or to a property owner who issues a ground 
lease to a 3rd party who maintains a residence on the subject property.  "Ground lease" is 
defined for the purposes of this law as an arrangement under which a property owner leases 
only land to the lessee and the lessee retains the rights to use the land and any improvements 
the lessee makes for the term of the lease.