Oregon's repair duty and its default
Every holder of a private right of way shares its repair. Your agreement controls first; without one, shares follow use, and for normal maintenance the statute offers a formula built on each holder's share of the total usage distance.
Questions about the duty
Who is a holder?
Anyone with a legal right to use the way, including the owner of the land it crosses when that owner uses it too (ORS 105.170).
What does kept in repair mean?
The working standard the holders maintain; the statute leaves the specification to the holders and their agreement.
How does the distance formula work in practice?
Measure each holder's normal usage distance along the way, divide by everyone's combined distance, and that percentage is the share for normal maintenance and blameless damage.
What about damage one holder causes?
The proportion-to-use default and the blameless-damage formula address shared costs; damage with a responsible party is a different conversation, and your agreement should name it.
Does a light user owe less by default?
Proportion to use means documented lighter use argues a smaller share; the records make the argument.
Can we just adopt equal shares?
Yes, in your agreement, which the statute reads first; many short roads prefer the simplicity.
Does the statute reach driveways?
It reaches private rights of way across another's land as ORS 105.170 defines them; whether a given driveway qualifies is a deeds question.
When did this become law?
1989, which is why Oregon reads like the model other states' failed bills chased.
Where do we read the text?
Chapter 105 at the legislature's site, linked below; read the official text, not a summary.
This page is general information for road association volunteers, not legal advice. Laws change and every road's documents differ — for decisions about your association, consult a licensed attorney in your state.
Reviewed against primary sources; see citations on each page.