(1) Where two (2) or more persons in this state have acquired real estate, not exceeding twenty (20) feet in width, sufficient for a passway to benefit their lands along side of, or near the proposed passway, the owners of such passways who are benefited thereby shall pay all the costs expended for the passway or the opening of and fixing the passway for travel.
(2) The owners of such passways shall bear jointly all the necessary expense of repairs, reconstruction and maintenance, including the necessary fencing thereof, and shall cause the necessary work to be done.