Understanding the Responsibility Associated with Shared Easements and Rights-of-Way in Connecticut

By: Sara Bigman

Under Connecticut General Statutes § 47-42f, residential property owners that benefit from an easement or right-of-way that provides access to their property are responsible for the cost of repairing, restoring, or maintaining that appurtenant right. Maintenance includes items such as removing snow and debris, resurfacing and repaving roadways, and clearing fallen trees.

If more than one residential property benefits from the right-of-way or easement, the cost of any repairs is to be shared by each owner, pursuant to the terms of a written agreement. If there is no written agreement, the cost of any maintenance, repair, or restoration is to be shared by each owner in proportion to the benefit received by their property. In general, the benefit received is measured according to the amount by which the property increases in fair market value due to the repair.

Importantly, the statute does not impose an affirmative obligation to make repairs. It simply provides an obligation for shared costs of any repairs made. Absent a duty to make repairs, a property owner cannot be held liable for failing to repair a shared roadway.

However, such a duty could arise if one property owner directly or indirectly causes damage to any portion of the easement or right-of-way that benefits another property owner.  In that case, the owner that caused the damage would be solely responsible for repairing or restoring the damaged portion. If one owner refuses to repair the damaged portion, the other owner(s) may bring an action for specific performance or contribution in Connecticut Superior Court.

If you are seeking contribution for expenses related to a shared easement or right-of-way, or defending against such a claim, it is crucial to seek the advice of an experienced attorney. Our attorneys at Cohen and Wolf can help you gather evidence, evaluate your case, negotiate with the opposing party, and represent your interests in court.  We have extensive experience representing clients in shared roadway cases throughout Connecticut.  Please contact us today for a consultation.

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