Provides that the holders of interest in an easement shall maintain the easement. “Holders” means those with a legal right to use the easement, including the owner of the land across which the easement passes if the owner of the land has the legal right to use the easement.   Official Text and Analysis.

Changes the definition of "easement" to mean a nonpossessory interest in the land of another entitling holders to a "private road for ingress and egress" rather than a "private right of way." It is specifically acknowledged that nothing prevents agreements that allow maintenance obligations and costs to be allocated to fewer than all holders of an easement. Maintenance agreements may be recorded but it is not required that they be recorded. A failure to record does not affect enforceability among the parties to the agreement and any other person with notice (rather than actual notice) of the agreement. The costs that must be shared in the absence of an agreement are clarified to be those which are reasonable and necessary costs of maintaining the easement.