R.I. Gen. Laws § 34-18-38.1 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-38.1
§ 34-18-38.1. Definitions for purpose of the eviction of tenants in residential foreclosed properties.
Status: in_force

As used in § 34-18-38.2, the following words shall, unless the context clearly requires otherwise, have the following meanings:

(1) Bona fide lease or bona fide tenancy means a lease or tenancy shall not be considered bona fide unless:

(i) The mortgagor, or the child, spouse, or parent of the mortgagor under the contract, is not the tenant; and

(ii) The lease or tenancy was the result of an arms-length transaction; and

(iii) The lease or tenancy requires the receipt of rent that is not substantially less than fair-market rent for the property, or the dwelling units rent is reduced or subsidized due to a federal, state, or local subsidy.

(2) Entity means a business organization, or any other kind of organization including, without limitation, a corporation, partnership, trust, limited liability corporation, limited liability partnership, joint venture, sole proprietorship, or any other category of organization, and any employee, agent, servant, or other representative of such entity.

(3) Eviction means an action, without limitation, by a foreclosing owner of a housing accommodation that is intended to actually or constructively evict a tenant or otherwise compel a tenant to vacate such housing accommodation.

(4) Foreclosing owner means an entity that holds title in any capacity, directly or indirectly, without limitation, whether in its own name, as trustee or as beneficiary, to a housing accommodation that has been foreclosed upon and either:

(i) Held or owned a mortgage or other security interest in the housing accommodation at any point prior to the foreclosure of the housing accommodation or is the subsidiary, parent, trustee, or agent thereof; or

(ii) Is an institutional mortgagee that acquires or holds title to the housing accommodation within three (3) years of the filing of a foreclosure deed on the housing accommodation; or

(iii) Is the federal national mortgage association or the federal home loan mortgage corporation.

(5) Foreclosure means an action to terminate a mortgagors interest in property by sale of property pursuant to a power of sale in a mortgage, as described in § 34-11-22; or conveyance of the property by the mortgagor in lieu of foreclosure; or an action filed in court pursuant to § 34-27-1.

(6) Housing accommodation means a building or structure containing four (4) or fewer dwelling units, or part thereof of land appurtenant thereto, and any other real or personal property used, rented, or offered for rent for living or dwelling purposes, together with all services connected with the use or occupancy of such property.

(7) HUD means the United States Department of Housing and Urban Development and any successor to such department.

(8) Institutional mortgagee means an entity, or an entity that is the subsidiary, parent, trustee to such entity, that holds or owns mortgages or other security interests in three (3) or more housing accommodations or that acts as a mortgage servicer of three (3) or more mortgages of housing accommodations.

(9) Just cause means one of the following:

(i) The tenant has failed to pay rent in effect prior to the foreclosure, as long as the foreclosing owner notified the tenant in writing of the amount of rent that was to be paid and to whom it was to be paid;

(ii) The tenant has materially violated either an express or legally required obligation or covenant of the tenancy or occupancy, other than the obligation to surrender possession upon proper notice, and has failed to cure such violation within thirty (30) days after having received written notice thereof from the foreclosing owner;

(iii) The tenant is committing a nuisance in the unit; is permitting a nuisance to exist in the unit; is causing substantial damage to the unit; or is creating a substantial interference with the quiet enjoyment of other occupants;

(iv) The tenant is using, or permitting the unit to be used, for any illegal purpose;

(v) The tenant, who had a written bona fide lease or other rental agreement that terminated, on or after July 1, 2014, has refused, after written request or demand by the foreclosing owner, to execute a written extension or renewal thereof for a further term of like duration and in such terms that are not inconsistent with this chapter;

(vi) The tenant has refused the foreclosing owner reasonable access to the unit for the purpose of making necessary repairs or improvement required by the laws of the United States, the state of Rhode Island or any subdivision thereof, or for the purpose of inspection as permitted or required by agreement or by law, or for the purpose of showing the unit to a prospective purchaser or mortgagee;

(vii) The foreclosing owner: (A) Seeks to permanently board up or demolish the premises because the premises has been cited by a state or local minimum housing code enforcement agency for substantial violations affecting the health and safety of tenants and it is economically not feasible for the foreclosing owner to eliminate the violations; or (B) Seeks to comply with a state or local minimum housing code enforcement agency that has cited the premises for substantial violations affecting the health and safety of tenants and it is not feasible to so comply without removing the tenant; or (C) Seeks to correct an illegal occupancy because the premises has been cited by a state or local minimum housing code enforcement agency or zoning official and it is not feasible to correct such illegal occupancy without removing the tenant; and provided further that nothing in this section shall limit the rights of a third-party owner to evict a tenant at the expiration of an existing lease.

(10) Mortgagee means an entity to whom property is mortgaged, the mortgage creditor or lender including, but not limited to, mortgage services, lenders in a mortgage agreement and any agent, servant, or employee of the mortgagee, or any successor in interest or assignee of the mortgagees rights, interests, or obligations under the mortgage agreement.

(11) Mortgage servicer means an entity that administers, or at any point administered, the mortgage; provided, however, that such administration shall include, but not be limited to, calculating principal and interest, collecting payments from the mortgager, acting as escrow agent, or foreclosing in the event of a default.

(12) Tenant means a person or group of persons, who at the time of foreclosure, is entitled to occupy a housing accommodation pursuant to a bona fide lease or tenancy. A person who moves into the housing accommodation owned by the foreclosing owner, subsequent to the foreclosure sale, without the express written permission of the foreclosing owner, shall not be considered a tenant under this section.

(13) Unit or residential unit means the room, or group of rooms, within a housing accommodation that is used, or intended for use, as a residence by one household.
R.I. Gen. Laws § 34-11-1.4 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-1.4
§ 34-11-1.4. Sale price recording.
Status: in_force

Every deed presented for recording due to the sale of property, which results in the transfer in ownership of the property, shall contain or have endorsed upon it the total dollar amount of the actual sale, which shall be recorded as part of the deed. A city or town clerk may decline to accept a deed for recording if the deed is not in compliance with this section. Failure to comply with this section shall not affect the validity of any deed.
R.I. Gen. Laws § 34-18-16 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-16
§ 34-18-16. Effect of unsigned or undelivered rental agreement.
Status: in_force

(a) If the landlord does not sign and deliver a written rental agreement signed and delivered to him or her by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord.

(b) If the tenant does not sign and deliver a written rental agreement signed and delivered to him or her by the landlord, acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.

(c) If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective for only one year.
R.I. Gen. Laws § 34-18-42 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-42
§ 34-18-42. Landlord liens  Distraint for rent abolished.
Status: in_force

(a) A lien or security interest on behalf of the landlord in the tenants household goods is not enforceable unless perfected before the effective date of this chapter, except as provided in § 34-18-50.

(b) Distraint for rent is abolished.
R.I. Gen. Laws § 34-44-4 — RI Code / Title 34 / Chapter 34-44 / Section 34-44-4
§ 34-44-4. Public nuisance determination  Show cause hearing  Appointment of receiver.
Status: in_force

(a) In any proceeding described in § 34-44-3, after the court makes the finding described in that section and additionally finds that the building in question constitutes a public nuisance and that the owner of the building has been afforded reasonable opportunity to begin correcting the dangerous or unsafe condition found or to begin eliminating the violation found and has refused or failed to do so, the court shall cause notice of its findings to be served upon the owner, each mortgagee or other lienholder of record, and any other interested party, and shall order the parties to show cause why a receiver should not be appointed to perform, or cause to be performed, any work and to furnish any material that reasonably may be required to abate the public nuisance. The notice shall be served in the same manner as described in § 34-44-3.

(b) Before appointing a receiver to perform, or cause to be performed, any work to abate a public nuisance under this chapter, the court shall conduct a hearing at which any mortgagee of record or lienholder of record, or other interested party in the order of their priority of interest in title shall be offered the opportunity to undertake the work and to furnish the materials as are necessary to abate the public nuisance.

(c) The court shall require the party selected to demonstrate the ability promptly to undertake the work required, to provide the judge with a viable financial and construction plan for the rehabilitation of the building, and to post security for the performance of the work.

(d) All amounts expended by the party toward abating the public nuisance shall be a lien on the property if the expenditures were approved in advance by the court and if the party desires such a lien. The lien shall bear the interest, and shall be payable upon the terms approved by the court. The lien shall have the same priority as the mortgage of a receiver, as set forth in § 34-44-6, if a certified copy of the court order that approved the expenses, the interest, and the terms of payment of the lien, and a description of the property in question are filed for record, within thirty (30) days of the date of issuance of the order, in the office of the recorder of deeds of the municipality in which the property is located.

(e) If the court determines at the hearing that no party can undertake the work and furnish the materials required to abate the public nuisance, or if the court determines at any time after the hearing that any party who is undertaking corrective work pursuant to this chapter cannot or will not proceed, or has not proceeded with due diligence, the judge may appoint a receiver to take possession and control of the property. The receiver shall be appointed in the manner provided in subsection (f).

(f) No person shall be appointed a receiver unless the person first has provided the court with a viable financial and construction plan for the rehabilitation of the property in question and has demonstrated the capacity and expertise to perform, or cause to be performed, the required work in a satisfactory manner.

(g) Prior to the appointment of a receiver the court may grant access to the property in question to any person who applies to be appointed the receiver of the property, for the limited purpose of developing a viable financial and construction plan for the rehabilitation of the property which shall include the items set forth in § 34-44-4.1.

(h) The appointed receiver shall be a lawyer appointed by the court who is certified by the court to act as such.
R.I. Gen. Laws § 34-37-11 — RI Code / Title 34 / Chapter 34-37 / Section 34-37-11
§ 34-37-11. Short title.
Status: in_force

This chapter may be cited as The Rhode Island Fair Housing Practices Act.
R.I. Gen. Laws § 34-18-41 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-41
§ 34-18-41. Waiver of landlords right to terminate.
Status: in_force

Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him or her that varies from the terms of the rental agreement constitutes a waiver of the landlords right to terminate the rental agreement for that breach, unless the landlord gives written notice within ten (10) days. However, acceptance of partial payment of rent shall not constitute a waiver of the balance due. Acceptance does not waive the landlords right to seek remedies for the default.
R.I. Gen. Laws § 34-9-7 — RI Code / Title 34 / Chapter 34-9 / Section 34-9-7
§ 34-9-7. State interest unaffected.
Status: in_force

No proceedings under the provisions of this chapter shall affect any right or title of the state to any lands, unless it consents to become a party to the proceedings.
R.I. Gen. Laws § 34-18-7 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-7
§ 34-18-7. Application.
Status: in_force

This chapter applies to, regulates and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.
R.I. Gen. Laws § 34-18-39 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-39
§ 34-18-39. Failure to maintain.
Status: in_force

If there is noncompliance by tenant with § 34-18-24 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within twenty (20) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a skilled manner and submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date periodic rent is due, or if the rental agreement has terminated, for immediate payment.
R.I. Gen. Laws § 34-37-6 — RI Code / Title 34 / Chapter 34-37 / Section 34-37-6
§ 34-37-6. Judicial review and enforcement.
Status: in_force

(a) Any complainant, intervener, or respondent claiming to be aggrieved by a final order of the commission may obtain judicial review thereof, and the commission may obtain an order of court for its enforcement, in a proceeding as provided in this section. The proceeding shall be brought in the superior court of the state within any county wherein the unlawful housing practices which are the subject of the commissions order were committed or wherein any respondent, required in the order to cease and desist from unfair housing practices or to take other affirmative action, resides or transacts business.

(b) The proceeding shall be initiated by the filing of a petition in the court, and the service of a copy of the petition upon the commission and upon all parties who appeared before the commission. Thereupon the court shall have jurisdiction of the proceeding and of the questions determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in the transcript an order enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the commission.

(c) An objection that has not been urged before the commission, its member, or agent shall not be considered by the court, unless the failure or neglect to urge the objection shall be excused because of extraordinary circumstances.

(d) If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the commission, its member, or agent, the court may order the additional evidence to be taken before the commission, its member, or agent and to be made a part of the transcript.

(e) The commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed. The commission shall file the modified or new findings and its recommendations, if any, for the modification or setting aside of its original order.

(f) The jurisdiction of the court shall be exclusive and its judgment and order shall be, when necessary, subject to review by the supreme court as provided by law, to which court appeal from the judgment and order may be made as provided by law.

(g) The commissions copy of the testimony shall be available at all reasonable times to all parties without cost of examination and for the purposes of judicial review of the order of the commission. The petition shall be heard on the transcript of the record without requirement of printing.

(h) The commission may appear in court by its own attorneys.

(i) If no proceeding to obtain judicial review is instituted by a complainant, intervener, or respondent within thirty (30) days from the service of an order of the commission pursuant to subsection (h) of § 34-37-5, the commission or the complainant may obtain a decree of the court for the enforcement of the order upon showing that respondent is subject to the commissions jurisdiction, and resides or transacts business within the county in which the petition for enforcement is brought.

(j) The commission may proceed in the same manner as provided in § 28-5-13 as to the powers, duties, and rights of the commission, its members, hearing examiners, the complainant, intervener, and respondent.
R.I. Gen. Laws § 34-18-49 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-49
§ 34-18-49. Payment of rent on stay of execution.
Status: in_force

Whenever, in any action for the recovery of real property, the issuance of an execution, or the service of an execution, is stayed by order of the court or by the operation of law, the stay shall be conditioned upon the payment by tenant to the landlord of sums of money equal to the rent for the premises, which sums shall be paid at such times and in such amounts as rent would be due and payable were the action not then pending. The acceptance of these sums shall not constitute a waiver of the right of the landlord to obtain possession of the premises, nor shall the receipt thereof be deemed to reinstate the tenancy.
R.I. Gen. Laws § 34-18-15 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-15
§ 34-18-15. Terms and conditions of rental agreement.
Status: in_force

(a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.

(1) If there are fees beyond the rent that apply to the rental of a unit, the lease shall disclose those fees in the same section as the rent disclosure and shall indicate that additional fees may apply. This requirement does not apply whenever the tenant or unit are receiving state or federal subsidies that require a different lease format.

(2) If there is no written lease, the landlord shall provide to the tenant, in writing, a list of all fees beyond the rent that apply to the rental of the unit. Any change in required fees must be disclosed in writing at least thirty (30) days prior to the change becoming effective.

(3) In any lease agreement the landlord shall disclose which utility costs are included in the rent and which utility costs are the tenants responsibility. If there is no written lease, the landlord shall provide this information to the tenant in writing.

(4) If a tenant is required to obtain renters insurance, this requirement must be stated in the lease or if there is no written lease the landlord shall provide this information to the tenant in writing.

(5) If a landlord fails to comply with subsections (a)(1)  (a)(4) of this section, the tenant may recover any fees paid for the unit that were not disclosed as required.

(b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

(c) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day-to-day.

(d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case of a roomer who pays weekly rent, and in all other cases month to month.

(e) A tenant who is sixty-five (65) years of age or older or who will turn sixty-five (65) during the term of a rental agreement for a dwelling unit may terminate such a rental agreement in order to enter a residential care and assisted living facility, as defined in §23-17.4-2, a nursing facility, or a unit in a private or public housing complex designated by the federal government as housing for the elderly. The tenant may terminate the rental agreement by notice given in writing to the usual person to whom rental payments are made. The notice shall be accompanied by documentation of admission or pending admission to a facility or housing complex described in this section. Termination of the rental agreement shall be effective no earlier than forty-five (45) days after the first rental payment due date following delivery of written notice of termination.

(f)(1) A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemembers dependents may be unilaterally terminated if:

(i) The lease is executed by or on behalf of a person who, thereafter, and during the term of the lease, enters military service; or

(ii) The servicemember, while in military service, executes the lease and thereafter receives military orders for a change of permanent station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than ninety (90) days; and

(iii) The lessee delivers to the lessor (or the lessors grantee), or to the lessors agent (or the agents grantee), written notice of the termination, and a copy of the servicemembers military orders.

(2) Effective date of lease termination. In the event that a lease provides for monthly payment of rent, termination of the lease under this section is effective thirty (30) days after the first date on which the next rental payment is due and payable after the date on which the notice is delivered.

(3) In the case of any other lease, termination of the lease is effective on the last day of the month following the month in which the notice is delivered.

(4) The lessee shall be responsible for rent amounts of the lease that are unpaid for the period preceding the effective date of the lease termination on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid at the time of termination of the lease, shall be paid by the lessee.

(5) Rent paid in advance. Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the lessors assignee or the assignees agent) within thirty (30) days of the effective date of the termination of the lease.

(6) A lessees termination of a lease pursuant to this section shall terminate any obligation a dependent of the lessee may have under the lease.
R.I. Gen. Laws § 34-36-2 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-2
§ 34-36-2. Applicability.
Status: in_force

This chapter shall be applicable only to property which the sole owner or all the owners submit to the provisions of the chapter by duly executing and recording a declaration as provided in the chapter.
R.I. Gen. Laws § 34-28-14 — RI Code / Title 34 / Chapter 34-28 / Section 34-28-14
§ 34-28-14. Notice of complaint to owners and encumbrancers.
Status: in_force

Upon filing of the complaint, the clerk of the superior court shall, by one advertisement to be inserted in some public newspaper published in the city or town where the property against which the lien is claimed is located, but, if there shall be no public newspaper published in the city or town, then by one advertisement in some public newspaper published in the county where the property is located, which one advertisement shall, with the service of the citation set forth in § 35-28-15, notify all persons having a lien, by virtue of this chapter, or any title, claim, lease, mortgage, attachment, or other lien or encumbrance, or any unrecorded claim on all or any part of the same property, to respond to the court in accordance with § 34-28-15 and § 34-28-16 and make out their demands against the property; and the clerk shall issue a citation to each person whose name appears on the list, made a part of the complaint by § 34-28-13, of all persons who have any recorded title, claim, lease, mortgage, attachment, or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3, or § 34-28-7) on a day certain to respond in accordance with §§ 34-28-15 and 34-28-16 and show cause, if any they have, why the lien should not be allowed and enforced for the amount claimed. The plaintiff shall, at least ten (10) days before the return day of the citation mentioned in § 34-28-15, mail, postage prepaid, a copy of the advertisement provided for in this section (printed, typewritten, or otherwise reproduced) to each person who has filed a notice of intention under § 34-28-4.
R.I. Gen. Laws § 34-21-11 — RI Code / Title 34 / Chapter 34-21 / Section 34-21-11
§ 34-21-11. Damages and costs on divided judgment.
Status: in_force

If, upon trial of the writ of replevin, the plaintiff shall make good his or her plea for part of the goods replevied, and shall fail to make it good as to the other part, the plaintiff shall have judgment for reasonable damages for the taking and detention of the part adjudged to be plaintiffs, and costs, and the defendant shall have judgment for a return and restoration of the goods and chattels adjudged to defendant, with damages, as provided in § 34-21-10, according to the relative value of such part, and with or without costs at the discretion of the court, but the court shall, in such case, set off the damages recovered by each.
R.I. Gen. Laws § 34-18-59 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-59
§ 34-18-59. Fair limitation on rental application fees.
Status: in_force

(a) A landlord, lessor, sub-lessor, real estate broker, property management company, or designee shall not be allowed to require or demand any prospective tenant to pay for a rental application fee.

(b) Nothing in this section shall be construed to prohibit a landlord, lessor, sub-lessor, real estate broker, property management company, or designee from requiring an official state criminal background check from the bureau of criminal identification (BCI), department of attorney general, state police or local police department where the prospective tenant resides or from requiring a credit check subject to the following limitations:

(1) If a prospective tenant provides a required official state criminal background check or credit report issued within ninety (90) days of the application for a rental unit, no fee for such official state criminal background check and/or credit report may be charged by the respective landlord, lessor, sub-lessor, real estate broker, property management company, or designee;

(2) If a prospective tenant does not provide a required official state background check and/or credit report issued within ninety (90) days of the application for a rental unit, then the landlord, lessor, sub-lessor, real estate broker, property management company, or designee may charge the prospective tenant a fee representing not more than the actual cost of obtaining the official state background check and/or credit report. Provided further, any prospective tenant who is charged a fee under this subsection for a background check or credit report shall be provided with a copy of the background check or credit report; and

(3) Nothing in this section shall be construed to prohibit the landlord, lessor, sub-lessor, real estate broker, property management company, or designee from obtaining an independent background check or credit report at the landlords own expense.
R.I. Gen. Laws § 34-23-5 — RI Code / Title 34 / Chapter 34-23 / Section 34-23-5
§ 34-23-5. Prepayment of mortgage loans.
Status: in_force

(a) Every bank, trust company, loan company, building-loan association, credit union, finance company and other person(s) making a loan or loans secured by a mortgage or mortgages on real estate located in Rhode Island containing thereon dwelling houses of not more than four (4) dwelling units shall provide in the mortgage note, and in any event the loan or loans shall be upon the condition that the full payment of mortgage may be made at any time after one year from the making of the loan without penalty, provided further, that during the first year, penalty or other charges for prepayment shall not exceed two percent (2%) of the balance due at date of the pay-off. If interest or other charges in connection with the loan or loans shall have been prepaid or included in the face of the mortgage, the holder thereof shall rebate the interest or other charges under regulations promulgated by the director of the department of business regulation.

(b) Alternatively a bank, trust company, loan company, building-loan association, credit union, finance company and other person(s) making a nonpurchase money loan or loans secured by a mortgage or mortgages on real estate located in Rhode Island containing on it dwelling houses of not more than four (4) dwelling units, may impose a prepayment penalty or other similar charges for the prepayment of a mortgage loan notwithstanding the prepayment penalty limitation imposed in subsection (a), but only if:

(1) The terms, conditions and amount of the prepayment penalty or other similar charges are prominently and conspicuously disclosed in writing to the borrower;

(2) The borrower agrees and consents to be bound by these terms and conditions; and

(3) Provided no prepayment penalty shall be imposed for any prepayment occurring more than sixty (60) months after the date of such loan.

(c) Any bank, trust company, loan company, building-loan association, credit union, finance company or other lender that chooses to offer a mortgage product pursuant to subsection (b) shall have available a similar mortgage product that complies with the limitations set forth in subsection (a) and all applicable federal regulations.

(d) Any prepayment penalty imposed under this section shall not be construed as interest under the provisions of § 6-26-2.
R.I. Gen. Laws § 34-26-8 — RI Code / Title 34 / Chapter 34-26 / Section 34-26-8
§ 34-26-8. Release of mortgage  Affidavit.
Status: in_force

(a) For purposes of this section:

(1) Mortgage means a mortgage upon any interest in real property located in the State of Rhode Island.

(2) Person means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity;

(3) Mortgagor means the grantor of a mortgage;

(4) Mortgagee means the grantee of a mortgage; provided, if the mortgage has been assigned of record. Mortgagee means the last person to whom the mortgage has been assigned of record; provided further, if the mortgage has been serviced by a mortgage servicer, Mortgagee means the mortgage servicer;

(5) Mortgage servicer means the last person to whom the mortgagor has been instructed by the mortgagee to send payment of the mortgage. The person who has transmitted a payoff statement shall be deemed to be the mortgage servicer with respect to the mortgage described in that payoff statement;

(6) Attorney-at-law means any person admitted to practice law in this state and in good standing;

(7) Title insurance company means any corporation or other business entity authorized and licensed to transact the business of insuring titles to interests in real property in this state; and

(8) Payoff statement means a written statement of the amount of the unpaid balance on a mortgage, including principal, interest and other charges properly assessed pursuant to the loan documentation of such mortgage and of the interest on a per diem basis with respect to the unpaid principal balance of the mortgage.

(b) If a mortgagee fails to execute and deliver a release of mortgage to the mortgagor or to the mortgagors designated agent within thirty (30) days from receipt of payment of the mortgage by the mortgagee in accordance with the payoff statement furnished by the mortgagee, any attorney-at-law or duly authorized officer of a title insurance company may, on behalf of the mortgagor or any transferee of the mortgagor who has acquired title to the premises described in the mortgage, execute and cause to be recorded in the land records of each city or town where the mortgage was recorded, an affidavit which complies with the requirements of this section.

(c) An affidavit pursuant to this section shall state that:

(1) The affiant is an attorney-at-law or the authorized officer of a title insurance company, and that the affidavit is made in behalf of and at the request of the mortgagor;

(2) The mortgagee has provided a payoff statement with respect to the loan secured by the mortgage;

(3) The affiant has ascertained that the mortgagee has received payment of the loan secured by the mortgage in accordance with the payoff statement, as evidence by a bank check, certified check or attorneys clients funds account which has been negotiated by the mortgagee or by other documentary evidence of such receipt of payment by the mortgagee;

(4) More than sixty (60) days have elapsed since payment was received by the mortgagee; and

(5) The affiant has given the mortgagee at least thirty (30) days notice in writing by certified mail, return receipt request and signed for and completed, of intention to execute and cause to be recorded an affidavit in accordance with this section with a copy of the proposed affidavit attached to such written notice, and that the mortgagee has not responded in writing to such notification, or that any request for additional payment made by the mortgagee has been complied with at least fifteen (15) days prior to the date of the affidavit.

(d) Such affidavit shall state the names of the mortgagor and the mortgagee, the date of the mortgage, and the volume and page of the land records where the mortgage is recorded. The affidavit shall give similar information with respect to any recorded assignment of the mortgage.

(e) The affiant shall attach to the affidavit:

(i) Photostatic copies of the documentary evidence that payment has been received by the mortgagee, including mortgagees endorsement of any bank check, certified check or attorneys clients funds account,

(ii) A photostatic copy of the written payoff statement and shall certify on each that it is a true copy of the original document, and

(iii) Evidence of mailing and receipt notice to mortgagee.

(f) Such affidavit, when recorded, shall be a release of the lien of such mortgage of the property described therein.

(g) The city or town clerk shall index the affidavit in the name of the mortgagor as grantor.

(h) Any person who causes an affidavit to be recorded in the land records of any city or town in accordance with this section knowing the information and statements therein contained to be false may be fined not more than a dollar amount that is double the face amount of the mortgage falsely discharged and shall make restitution to the affected mortgagee to the extent such mortgagee suffers direct financial loss due to said mortgage being falsely discharged.

(i) The provisions of this section shall not be applicable to mortgages securing lines of credit nor to any mortgage held by a financial institution incorporated under the laws of the state of Rhode Island or to any mortgage held by any financial institution organized under federal laws and maintaining a principal place of business within the state of Rhode Island or to any mortgage held by the Rhode Island Housing and Mortgage Finance Corporation.
R.I. Gen. Laws § 34-4-24 — RI Code / Title 34 / Chapter 34-4 / Section 34-4-24
§ 34-4-24. Limitation of proceedings based upon right of entry for condition broken or possibility of reverter.
Status: in_force

(a)(1) No proceeding based upon any right of entry for condition broken or possibility of reverter to which a fee simple or fee simple determinable in land is subject, created before May 11, 1953, shall be maintained in any court after December 31, 1987, unless on or before December 31, 1987:

(i) The condition has been broken or the reverter has occurred, and a person or persons having the right of entry or reverter shall have taken possession of the land, or;

(ii) A person or persons having the right of entry, or who would have it if the condition were broken, or would be entitled to a right of entry if a reverter occurred or one of them if there be more than one, shall by himself or herself, or by his or her attorney, agent, guardian, conservator, or parent have filed in the town or city clerks office or recorder of deeds office for the town or city in which the land is situated, a statement in writing, duly sworn to, describing the land, the nature of the right, the deed or other instrument creating it, and where it may be found, and naming the person or persons appearing of record to own the fee subject to the right or possibility.

(2) This statement shall be received and recorded upon payment of the fee required by law and shall be indexed in the grantor index under the person or persons named.

(b) This section shall apply to all rights described in subsection (a) whether or not the holder of the rights is under any disability or out of the state, and it shall apply notwithstanding any recitals in any recorded deed or other instrument unless a statement is filed as provided in subsection (a).

(c) Nothing in this section shall be construed to extend the period of any other applicable statute of limitations, or to authorize the bringing of any proceeding to enforce any right which has been or may be barred by lapse of time or for any other reason.
R.I. Gen. Laws § 34-11-22 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-22
§ 34-11-22. Statutory power of sale in mortgage.
Status: in_force

The following power shall be known as the statutory power of sale and may be incorporated in any mortgage by reference:

But if default shall be made in the performance or observance of any of the foregoing or other conditions, or if breach shall be made of the covenant for insurance contained in this deed, then it shall be lawful for the mortgagee or his, her or its executors, administrators, successors or assigns to sell, together or in parcels, all and singular the premises hereby granted or intended to be granted, or any part or parts thereof, and the benefit and equity of redemption of the mortgagor and his, her or its heirs, executors, administrators, successors and assigns therein, at public auction upon the premises, or at such other place, if any, as may be designated for that purpose in this deed, or in the published notice of sale first by mailing written notice of the time and place of sale by certified mail, return receipt requested, to the mortgagor, at his or her or its last known address, at least twenty (20) days for mortgagors other than individual consumer mortgagors, and at least thirty (30) days for individual consumer mortgagors, prior to first publishing the notice, including the day of the mailing in the computation; second, by publishing the same at least once each week for three (3) successive weeks in a public newspaper published daily in the city in which the mortgaged premises are situated; and if there be no public newspaper published daily in the city in which the mortgaged premises are situated, or if the mortgaged premises are not situated in a city, then (1) if the mortgaged premises are situated in the city of Central Falls, in a public newspaper published daily in the city of Pawtucket; (2) if the mortgaged premises are situated in the town of North Providence, in a public newspaper published daily in either the city of Providence or the city of Pawtucket; (3) if the mortgaged premises are situated in any of the towns of Cumberland, Lincoln, Smithfield or North Smithfield, in a public newspaper published daily in either the city of Pawtucket or Woonsocket; (4) if the mortgaged premises are situated in the county of Providence elsewhere than in the above-named cities and towns, in a public newspaper published daily in the city of Providence; (5) if the mortgaged premises are situated in the county of Newport, in a public newspaper published daily in the city of Newport; but if there be no such public newspaper so published, then in some public newspaper published anywhere in the county of Newport; (6) if the mortgaged premises are situated in any of the counties of Bristol, Kent or Washington, in a public newspaper published daily in the city or town in which the mortgaged premises are situated; but if there be no public newspaper so published, in some public newspaper published or previously published in the county and presently distributed daily in the county in which the mortgaged premises are situated or in a public newspaper published daily in the city of Providence; provided however if the mortgaged premises are situated in the town of New Shoreham then in addition to publication in a public newspaper published daily as required above, it shall also be published in a public newspaper published in the town of New Shoreham, and, in the event there is no public newspaper published in the town of New Shoreham, then in a public newspaper distributed in the town of New Shoreham; with power to adjourn such sale from time to time, provided that publishing of the notice shall be continued, together with a notice of the adjournment or adjournments, at least once each week in that newspaper; and in his, her or its or their own name or names, or as the attorney or attorneys of the mortgagor, for that purpose by these presents duly authorized and appointed with full power of substitution and revocation to make, execute and deliver to the purchaser or purchasers at that sale a good and sufficient deed or deeds of the mortgaged premises in fee simple, and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby secured whether then due or to fall due thereafter, or the part thereof then remaining unpaid, and also the interest then due on the proceeds, together with all expenses incident to the sale or sales, or for making deeds hereunder, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of such powers, and all taxes, assessments, and premiums for insurance, if any, either theretofore paid by the mortgagee or his or her executors, administrators or assigns, or then remaining unpaid, upon the mortgaged premises, rendering and paying the surplus of the proceeds of sale, if any there be, over and above the amounts so to be retained as aforesaid, together with a true and particular account of the sale or sales, expenses and charges, to the mortgagor, or his, her or its heirs, executors, administrators, successors or assigns; which sale or sales made as aforesaid shall forever be a perpetual bar against the mortgagor and his, her or its heirs, executors, administrators, successors and assigns, and all persons claiming the premises, so sold, by, through or under him or her, them or any of them.
R.I. Gen. Laws § 34-49-3 — RI Code / Title 34 / Chapter 34-49 / Section 34-49-3
§ 34-49-3. Brokers lien.
Status: in_force

(a) Any real estate broker shall have a lien upon commercial real estate or any interest in that commercial real estate which is the subject of a purchase, lease or other conveyance to a buyer or tenant (which transferee includes without limitation subtenant and assignee) of an interest in the commercial real estate, in the amount of compensation that the real estate broker is due for licensed services, which compensation shall include without limitation, brokerage fees, consulting fees, and management fees:

(1) Under a written instrument which is executed either by the owner of an interest in the commercial real estate or by the owners authorized agent; or

(2) Under a written instrument executed by a prospective buyer or prospective tenant or its respective authorized agent.

The lien shall be available to the real estate broker named or referred to in the agreement or instrument signed by the owner, buyer, or tenant (or their respective agents) and not to an employee or independent contractor employed by or affiliated with the real estate broker.

(b) A lien under this chapter shall attach to the commercial real estate or any interest in the commercial real estate upon:

(1) The real estate broker being entitled to compensation under a written instrument signed by the owner, buyer, tenant, or their authorized agent, as applicable; and

(2) Except as provided in subsections (c), (d), (e), or (f) below, the real estate broker recording a notice of lien in the land evidence records for the municipality in which the commercial real estate or any interest in the commercial real estate is located, prior to the recording of an actual instrument of conveyance or transfer of legal title to the commercial real estate against which the real estate broker claims a lien by the party from whom compensation is claimed. The lien shall attach as of the date of the recording of the notice of lien and does not and shall not relate back to the date of the written agreement. If a notice of lien is recorded after the date of recording of an instrument conveying or transferring legal title to the commercial real estate from the party from whom compensation is claimed, then such notice of lien shall not constitute a lien on the interest in commercial real estate held by the transferee.

(c) Except as provided in subsections (d), (e), or (f) when payment to a real estate broker is due in installments, a portion of which is due only after the conveyance or transfer of the commercial real estate or interest therein, any notice of lien for those payments due after the transfer or conveyance may be recorded at any time which is subsequent to the transfer or conveyance of the commercial real estate or interest therein or which time is within ninety (90) days of the date on which the payment is due. Such notice of lien shall only be effective as a lien against the transferors interest in the commercial real estate to the extent funds are owed to the transferor by the transferee, but the lien shall be effective as a lien against the transferees interest in the commercial real estate without limitations described above in this section. A single claim for lien recorded prior to transfer or conveyance of the commercial real estate or interest therein claiming all compensation due in installments shall also be valid and enforceable as it pertains to payments due after the transfer or conveyance; provided however, that as payments or partial payments of compensation are received, the real estate broker shall provide partial releases therefor, thereby reducing the amount due the real estate broker under its lien.

(d) In the case of a lease (which shall also include a sublease or assignment of lease), the notice of lien must be recorded not later than ninety (90) days after the tenant occupies the leased premises. Provided, however, that if the landlord serves written notice of the intended execution of the lease by personal service on the real estate broker entitled to claim a lien, at least ten (10) days prior to the date of the intended execution of the lease, the notice of lien must be recorded before the date indicated in such notice for the execution of the lease. The lien shall attach as of the recording of the notice of lien and does not and shall not relate back to the date of the written agreement.

(e) If a real estate broker may be due any compensation excluding compensation due upon execution of the initial lease, such as compensation arising from and including, but not limited to, the exercise of an option: (1) To expand leased premises; (2) To renew or extend a lease; or (3) To purchase commercial real estate; which compensation is due, pursuant to a written agreement or instrument signed by the then owner or tenant (collectively future commissions), then the real estate broker may record its notice of lien at any time after execution of the lease or other written agreement which contains such rights, but not later than ninety (90) days after the occurrence of the act or event on which the future commission is claimed. An action to enforce a lien to collect future commissions must be commenced within two (2) years of the act or event for which the future commission is claimed.

(f) In the event that the commercial real estate is sold or otherwise conveyed prior to the date on which a future commission is due, if the real estate broker has recorded a valid notice of lien prior to the sale or other conveyance of the commercial real estate, then the purchaser or transferee shall be deemed to have notice of and shall take title to the commercial real estate subject to the notice of lien. Provided, however, that if a real estate broker claiming a future commission fails to record its notice of lien for future commission prior to the recording of a deed conveying legal title to the commercial real estate to the purchaser or transferee for consideration, then such real estate broker may not claim a lien on the commercial real estate, and any notice of lien recorded subsequent to the recording of such deed shall not constitute a lien on the commercial real estate and shall be null and void and of no effect.

(g) If a real estate broker claims compensation based on a written instrument executed by a prospective buyer or tenant or agent as described in subdivision (a)(2) of this section, then the notice of lien shall attach upon the prospective buyer or tenant purchasing or otherwise accepting a conveyance or transfer of the commercial real estate or interest therein and the recording of a notice of lien by the real estate broker in the land evidence records in which the commercial real estate, or any interest in the commercial real estate is located, within ninety (90) days after the recording of the deed or other instrument for the purchase or other conveyance or transfer to the buyer or within ninety (90) days of such tenant occupying the leased premises in the case of a lease or sublease transaction. The lien shall attach as of the date of the recording of the notice of lien and does not and shall not relate back to the date of the written agreement.

(h) The real estate broker shall, within ten (10) days of recording its notice of lien, either personally serve, deliver to, or mail a copy of the notice of lien by registered or certified mail, return receipt requested, to the owner of record or to the agent of the owner of record at: (1) The address of the owner stated in the written instrument on which the claim for lien is based; or (2) If no such address is given, then to the address where the real estate tax bill(s) are sent for the commercial real estate on which the claim of the lien is based; or (3) To the address of the property. Mailing of the copy of the notice of lien is effective when deposited in a United States mailbox with postage prepaid.

(i) A real estate broker may bring suit to enforce a lien in the superior court for the county where the commercial real estate is located by filing a complaint and sworn affidavit that the notice of lien has been recorded.

(j) A real estate broker claiming a lien shall, within two (2) years after recording the notice of lien, commence proceedings by filing a complaint and recording a notice of lis pendens in the land evidence records in the municipality in which the commercial real estate is located. Failure to commence proceedings as required herein within two (2) years after recording the notice of lien shall extinguish the lien.

(k) A real estate broker claiming a lien based upon an option or other right to purchase or lease shall, within two (2) years after the transfer or conveyance of the commercial real estate under the exercise of the option to purchase or lease, commence proceedings by filing a complaint and recording a notice of lis pendens in the land evidence records in the municipality in which the commercial real estate is located.

(l) Failure to commence proceedings within the time limits set forth herein shall extinguish the lien.

(m) A complaint under this section shall contain a brief statement or description of the agreement, contract, or instrument on which the notice of lien was filed, the date when the agreement, contract or instrument was made, a description of the services performed, the amount of compensation due and unpaid, a description of the commercial real estate which is subject to the notice of lien, and other facts reasonably necessary to describe the rights of the parties. The plaintiff shall make all interested parties of whose interest the plaintiff real estate broker is notified or has knowledge defendants to the action, and shall issue summons and provide service as in other civil action. When any defendant resides outside or has left the state, or on inquiry cannot be found, or is concealed within the state so that process cannot be served on that defendant, the plaintiff shall cause a notice to be given to that defendant, or cause a copy of the complaint to be served upon that defendant in the manner and upon the same condition as in other civil actions. Failure of the plaintiff to provide proper summons or notice shall be grounds for judgment against the plaintiff and in favor of the defendant which is not properly served with summons or notice. All liens claimed under this chapter shall be foreclosed as provided in chapter 27 of this title.

(n) The notice of lien shall state the name of the claimant, the name of the legal title owner of the commercial real estate, a legal description of the commercial real estate upon which the lien is claimed, the amount for which the lien is claimed, and the number of the real estate brokers license. The notice of lien shall recite that the information contained in notice is true and accurate to the knowledge of the signator. The notice of lien shall be executed by the real estate broker or by a person authorized to execute on behalf of the real estate broker and shall be verified. A notice of lien substantially in the following form shall be deemed to comply with the foregoing requirements:

(o) Whenever a notice of lien has been filed with the office of the applicable land evidence records and a condition occurs which would preclude the real estate brokers right to compensation under the terms of the written instrument on which the lien is based, the real estate broker shall provide to the owner of record of the commercial real estate, within ten (10) days following written demand by such owner of record, a recordable written release or satisfaction of the notice of lien.

(p) Upon written demand of the owner, hence, or other authorized agent of the owner or lienee, which demand shall be served on the real estate broker claiming the lien requiring suit to be commenced to enforce the lien or answer to be filed in pending suit, a suit shall be commenced or answer filed within thirty (30) days after actual receipt thereof or the lien shall be extinguished. Service of such written demand may be made by registered or certified mail, return receipt requested, or by personal service.

(q) Whenever a notice of lien has been recorded with the land evidence records and such claimed commission has been paid to the real estate broker claiming the lien, or where there is failure to institute a suit to enforce the lien within the time provided by this chapter, the real estate broker shall acknowledge satisfaction or release of the notice of lien in writing, on written demand of the owner within five (5) days after payment or within five (5) days of expiration of the time in which the complaint was to be filed.

(r) If the real estate broker and the party or parties from whom the commission is claimed agree to alternative dispute resolution (ADR), the claim shall be heard and resolved in the forum on which these parties have agreed. The court before which the lien enforcement proceeding is brought shall retain jurisdiction to enter judgment on the award or other result made or reached in ADR on all parties to the foreclosure. The real estate brokers notice of lien shall remain on record and the enforcement proceeding shall be stayed during the pendency of the ADR process.

(s) The cost of proceedings brought under this chapter including in trial, appellate courts, and ADR proceedings including reasonable attorneys fees, costs, and prejudgment interest, costs, and fees shall be equitably apportioned by the court or ADR tribunal among the responsible parties.

(t) Except for a waiver or release of lien provided in consideration of payment of the fee claimed by the real estate broker, or pursuant to subsections (o) and (q) above, and waiver of a real estate brokers right to lien commercial real estate under this chapter, or any other waiver or release of lien shall be void.

(u) The foregoing provisions of this subsection shall not limit or otherwise affect claims or defenses or other remedies a real estate broker, owner, or any other party may have in law or in equity.
R.I. Gen. Laws § 34-28-9 — RI Code / Title 34 / Chapter 34-28 / Section 34-28-9
§ 34-28-9. Effective period of notice.
Status: in_force

A notice of lien recorded in the land evidence records pursuant to § 34-28-4 shall be effective for two hundred (200) days prior to the date of filing. A notice of lien shall be effective as to any retainage earned but not paid, for work furnished pursuant to § 34-28-1 et. seq., and said notice of lien shall be effective from commencement of said work. Retainage is a percentage of the total contract amount that is withheld by the owner from the general contractor and by the general contractor from the subcontractor until the entire job is completed and the project is accepted by the owner and by the general contractor, at which time the retainage due is paid.
R.I. Gen. Laws § 34-5-10 — RI Code / Title 34 / Chapter 34-5 / Section 34-5-10
§ 34-5-10. Spendthrift provisions.
Status: in_force

The right to disclaim pursuant to the provisions of this chapter shall exist irrespective of any limitation in the nature of an express or implied spendthrift provision, other similar restraint on alienation, or forfeiture provision imposed by any instrument, statute, rule of law or otherwise on the interest in property being disclaimed.
R.I. Gen. Laws § 34-18-52 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-52
§ 34-18-52. Payment of rent during pendency of appeal.
Status: in_force

Whenever an action for the recovery of real property is pending on appeal in the superior or supreme court, the tenant in the action shall pay to the landlord sums of money equal to the rent for the premises, which the sums shall be paid at such times and in such amounts as rent would be due and payable were the action not then pending. The acceptance of these sums shall not constitute a waiver of the right of the landlord to obtain possession of the premises, nor shall their receipt be deemed to reinstate the tenancy.
R.I. Gen. Laws § 34-27-9 — RI Code / Title 34 / Chapter 34-27 / Section 34-27-9
§ 34-27-9. Mediation conference. [Reinstated from § 34-27-3.2.]
Status: in_force

(a) Statement of policy. It is hereby declared that residential mortgage foreclosure actions, caused in part by unemployment and underemployment, have negatively impacted a substantial number of homeowners throughout the state, creating a situation that endangers the economic stability of many of the citizens of this state as the increasing numbers of foreclosures lead to increases in unoccupied and unattended buildings and the unwanted displacement of homeowners and tenants who desire to live and work within the state.

(b) Purpose. The statutory framework for foreclosure proceedings is prescribed under the provisions of chapter 27 of this title. As the need for a mortgage mediation process has evolved, it is important for the state to develop a standardized, statewide process for foreclosure mediation rather than a process based on local ordinances that may vary from municipality to municipality. By providing a uniform standard for an early HUD-approved, independent counseling process in owner-occupied principal residence mortgage foreclosure cases, the chances of achieving a positive outcome for homeowners and lenders will be enhanced.

(c) Definitions. The following definitions apply in the interpretations of the provisions of this section unless the context requires another meaning:

(1) Default means the failure of the mortgagor to make a timely payment of an amount due under the terms of the mortgage contract, which failure has not been subsequently cured.

(2) Department means the department of business regulation.

(3) Good faith means that the mortgagor and mortgagee deal honestly and fairly with the mediation coordinator with an intent to determine whether an alternative to foreclosure is economically feasible for the mortgagor and mortgagee, as evidenced by some or all of the following factors:

(i) Mortgagee provided notice as required by this section;

(ii) Mortgagee designated an agent to participate in the mediation conference on its behalf and with the authority to agree to a work-out agreement on its behalf;

(iii) Mortgagee made reasonable efforts to respond in a timely manner to requests for information from the mediation coordinator, mortgagor, or counselor assisting the mortgagor;

(iv) Mortgagee declined to accept the mortgagors work-out proposal, if any, and the mortgagee provided a detailed statement, in writing, of its reasons for rejecting the proposal;

(v) Where a mortgagee declined to accept the mortgagors work-out proposal, the mortgagee offered, in writing, to enter into an alternative work-out/disposition resolution proposal that would result in net financial benefit to the mortgagor as compared to the terms of the mortgage.

(4) HUD means the United States Department of Housing and Urban Development and any successor to such department.

(5) Mediation conference means a conference involving the mortgagee and mortgagor, coordinated and facilitated by a mediation coordinator whose purpose is to determine whether an alternative to foreclosure is economically feasible to both the mortgagee and the mortgagor, and if it is determined that an alternative to foreclosure is economically feasible, to facilitate a loan workout or other solution in an effort to avoid foreclosure.

(6) Mediation coordinator means a person employed by a Rhode Island-based, HUD-approved counseling agency designated to serve as the unbiased, impartial, and independent coordinator and facilitator of the mediation conference, with no authority to impose a solution or otherwise act as a consumer advocate, provided that such person possesses the experience and qualifications established by the department.

(7) Mortgage means an individual consumer first-lien mortgage on any owner-occupied, one (1)- to four (4)-unit residential property that serves as the mortgagors primary residence.

(8) Mortgagee means the holder of a mortgage, or its agent or employee, including a mortgage servicer acting on behalf of a mortgagee.

(9) Mortgagor means the person who has signed a mortgage in order to secure a debt or other duty, or the heir or devisee of such person provided that:

(i) The heir or devisee occupies the property as his or her primary residence; and

(ii) The heir or devisee has record title to the property, or a representative of the estate of the mortgagor has been appointed with authority to participate in a mediation conference.

(d) The mortgagee shall, prior to initiation of foreclosure of real estate pursuant to § 34-27-4(b), provide to the mortgagor written notice at the address of the real estate and, if different, at the address designated by the mortgagor by written notice to the mortgagee as the mortgagors address for receipt of notices, that the mortgagee may not foreclose on the mortgaged property without first participating in a mediation conference. Notice addressed and delivered as provided in this section shall be effective with respect to the mortgagor and any heir or devisee of the mortgagor.

(1) If the mortgagee fails to mail the notice required by this subsection to the mortgagor within one hundred twenty (120) days after the date of default, it shall pay a penalty at the rate of one thousand ($1,000) per month for each month or part thereof, with the first month commencing on the one hundred twenty-first (121st) day after the date of default and a new month commencing on the same day (or if there is no such day, then on the last day) of each succeeding calendar month until the mortgagee sends the mortgagor written notice as required by this section.

Notwithstanding the foregoing, any penalties assessed under this subsection for any failure of any mortgagee to provide notice as provided herein during the period from September 13, 2013, through the effective date of this section shall not exceed the total amount of one hundred twenty-five thousand dollars ($125,000) for such mortgagee.

(2) Penalties accruing pursuant to subsection (d)(1) shall be paid to the mediation coordinator prior to the completion of the mediation process. All penalties accrued under this section shall be transferred to the state within one month of receipt by the mediation coordinator and deposited to the restricted-receipt account within the general fund established by § 42-128-2(3) and used for the purposes set forth therein.

(3) Issuance by the mediation coordinator of a certificate authorizing the mortgagee to proceed to foreclosure, or otherwise certifying the mortgagees good-faith effort to comply with the provisions of this section, shall constitute conclusive evidence that, to the extent that any penalty may have accrued pursuant to subsection (d)(1), the penalty has been paid in full by the mortgagee.

(4) Notwithstanding any other provisions of this subsection, a mortgagee shall not accrue any penalty if the notice required by this subsection is mailed to the borrower:

(i) Within sixty (60) days after the date upon which the loan is released from the protection of the automatic stay in a bankruptcy proceeding, or any similar injunctive order issued by a state or federal court, or within sixty (60) days after a loan is no longer afforded protection under the Servicemembers Civil Relief Act (50 U.S.C. §3901 et seq.) or the provisions of § 34-27-4(d), or within one hundred twenty (120) days of the date on which the mortgagor initially failed to comply with the terms of an eligible workout agreement, as hereinafter defined; and

(ii) The mortgagee otherwise complies with the requirements of subsection (d); provided, however, that if the mortgagee fails to mail the notice required by subsection (d) to the mortgagor within the time frame set forth in subsection (d)(4)(i), the mortgagee shall pay a penalty at the rate of one thousand dollars ($1,000) per month for each month, or part thereof, with the first month commencing on the thirty-first (31st) day after the date upon which the loan is released from the protection of the automatic stay in a bankruptcy proceeding or any similar injunctive order issued by a state or federal court and a new month commencing on the same day (or if there is no such day, then on the last day) of each succeeding calendar month until the mortgagee sends the mortgagor written notice as required by this section. Notwithstanding the foregoing, any penalties assessed under this subsection for any failure of any mortgagee to provide notice as provided herein during the period from September 13, 2013, through the effective date of this section shall not exceed the total amount of one hundred twenty-five thousand dollars ($125,000) for such mortgagee.

(5) Notwithstanding any other provisions of this section, a mortgagee may initiate a judicial foreclosure in accordance with §34-27-1.

(e) A form of written notice meeting the requirements of this section shall be promulgated by the department for use by mortgagees at least thirty (30) days prior to the effective date of this section. The written notice required by this section shall be in English, Portuguese, and Spanish and may be combined with any other notice required under this chapter or pursuant to state or federal law.

(f) The mediation conference shall take place in person, or over the phone, at a time and place deemed mutually convenient for the parties by an individual employed by a HUD-approved, independent counseling agency selected by the mortgagee to serve as a mediation coordinator, but not later than sixty (60) days following the mailing of the notice. The mortgagor shall cooperate in all respects with the mediation coordinator including, but not limited to, providing all necessary financial and employment information and completing any and all loan resolution proposals and applications deemed appropriate by the mediation coordinator. A mediation conference between the mortgagor and mortgagee conducted by a mediation coordinator shall be provided at no cost to the mortgagor. The HUD-approved counseling agency shall be compensated by the mortgagee for mediation conferences that take place at a rate not to exceed five hundred dollars ($500) per mediation. The HUD-approved agency shall be entitled to a filing fee not to exceed one hundred dollars ($100) per mediation engagement.

(g) If, after two (2) attempts by the mediation coordinator to contact the mortgagor, the mortgagor fails to respond to the mediation coordinators request to appear at a mediation conference, or the mortgagor fails to cooperate in any respect with the requirements of this section, the requirements of the section shall be deemed satisfied upon verification by the mediation coordinator that the required notice was sent and any penalties accrued pursuant to subsection (d)(1) and any payments owed pursuant to subsection (f) have been paid. Upon verification, a certificate will be issued immediately by the mediation coordinator authorizing the mortgagee to proceed with the foreclosure action, including recording the deed. Such certificate shall be valid until the earlier of:

(1) The curing of the default condition; or

(2) The foreclosure of the mortgagors right of redemption.

The certificate shall be recorded along with the foreclosure deed. A form of certificate meeting the requirements of this section shall be promulgated by the department for use by mortgagees at least thirty (30) days prior to the effective date of this section.

(h) If the mediation coordinator determines that after a good-faith effort made by the mortgagee at the mediation conference, the parties cannot come to an agreement to renegotiate the terms of the loan in an effort to avoid foreclosure, such good-faith effort by the mortgagee shall be deemed to satisfy the requirements of this section. A certificate certifying such good-faith effort will be promptly issued by the mediation coordinator authorizing the mortgagee to proceed with the foreclosure action and recording of the foreclosure deed; provided, however, that the mediation coordinator shall not be required to issue such a certificate until any penalties accrued pursuant to subsections (d)(1) and (d)(4)(ii), and any payments owed pursuant to subsection (f), have been paid. Such certification shall be valid until the earlier of:

(1) The curing of the default condition; or

(2) The foreclosure of the mortgagors equity of redemption.

The certificate shall be recorded along with the foreclosure deed. A form of certificate meeting the requirements of this section shall be promulgated by the department for use by mortgagees at least thirty (30) days prior to the effective date of this section.

(i) If the mortgagee and mortgagor are able to reach agreement to renegotiate the terms of the loan to avoid foreclosure, the agreement shall be reduced to writing and executed by the mortgagor and mortgagee. If the mortgagee and mortgagor reach agreement after the notice of mediation conference is sent to the mortgagor, but without the assistance of the mediation coordinator, the mortgagee shall provide a copy of the written agreement to the mediation coordinator. Upon receipt of a written agreement between the mortgagee and mortgagor, the mediation coordinator shall issue a certificate of eligible workout agreement if the workout agreement would result in a net financial benefit to the mortgagor as compared to the terms of the mortgage (Certificate of Eligible Workout Agreement). For purposes of this subsection, evidence of an agreement shall include, but not be limited to, evidence of agreement by both mortgagee and mortgagor to the terms of a short sale or a deed in lieu of foreclosure, regardless of whether said short sale or deed in lieu of foreclosure is subsequently completed.

(j) Notwithstanding any other provisions of this section, where a mortgagor and mortgagee have entered into a written agreement and the mediation coordinator has issued a certificate of eligible workout agreement as provided in subsection (i), if the mortgagor fails to fulfill his or her obligations under the eligible workout agreement, the provisions of this section shall not apply to any foreclosure initiated under this chapter within twelve (12) months following the date of the eligible workout agreement. In such case, the mortgagee shall include in the foreclosure deed an affidavit establishing its right to proceed under this section.

(k) This section shall apply only to foreclosure of mortgages on owner-occupied, residential real property with no more than four (4) dwelling units that is the primary dwelling of the mortgagor and not to mortgages secured by other real property.

( l ) Notwithstanding any other provisions of this section, any locally based mortgagees shall be deemed to be in compliance with the requirements of this section if:

(1) The mortgagee is headquartered in Rhode Island; or

(2) The mortgagee maintains a physical office, or offices, exclusively in Rhode Island from which office, or offices, it carries out full-service mortgage operations, including the acceptance and processing of mortgage payments and the provision of local customer service and loss mitigation and where Rhode Island staff have the authority to approve loan restructuring and other loss mitigation strategies; and

(3) The deed offered by a mortgagee to be filed with the city or town recorder of deeds as a result of a mortgage foreclosure action under power of sale contained a certification that the provisions of this section have been satisfied.

(m) No deed offered by a mortgagee as a result of a mortgage foreclosure action under power of sale shall be submitted to a city or town recorder of deeds for recording in the land evidence records of the city or town until and unless the requirements of this section are met. Failure of the mortgagee to comply with the requirements of this section shall render the foreclosure voidable, without limitation of the right of the mortgagee thereafter to re-exercise its power of sale or other means of foreclosure upon compliance with this section. The rights of the mortgagor to any redress afforded under the law are not abridged by this section.

(n) Any existing municipal ordinance or future ordinance that requires a conciliation or mediation process as a precondition to the recordation of a foreclosure deed shall comply with the provisions set forth herein and any provisions of said ordinances that do not comply with the provisions set forth herein shall be determined to be unenforceable.

(o) The provisions of this section shall not apply if:

(1) The mortgage is a reverse mortgage as described in chapter 25.1 of this title; or

(2) The date of default under the mortgage is on or before May 16, 2013.

(p) Limitations on actions. Any person who claims that a foreclosure is not valid due to the mortgagees failure to comply with the terms of this section shall have one year from the date that the first notice of foreclosure was published to file a complaint in the superior court for the county in which the property is located and shall also file in the records of land evidence in the city or town where the land subject to the mortgage is located a notice of lis pendens, the complaint to be filed on the same day as the notice of lis pendens or within seven (7) days thereafter. Failure to file a complaint, record the notice of lis pendens, and serve the mortgagee within the one-year period shall preclude said mortgagor, or any other person claiming an interest through a mortgagor, from subsequently challenging the validity of the foreclosure. Issuance by the mediation coordinator of a certificate authorizing the mortgagee to proceed to foreclosure, or otherwise certifying the mortgagees good-faith effort to comply with the provisions of this section, shall constitute a rebuttable presumption that the notice requirements of subsection (d) have been met in all respects.
R.I. Gen. Laws § 34-37-5.4 — RI Code / Title 34 / Chapter 34-37 / Section 34-37-5.4
§ 34-37-5.4. Discrimination in residential real estate related transactions.
Status: in_force

(a) It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of the transaction, because of race, color, religion, marital status, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, sex, sexual orientation, gender identity or expression, age, disability, or familial status.

(b) As used in this section, the term residential real estate-related transaction means any of the following:

(1) The making or purchasing of loans or providing other financial assistance:

(i) For purchasing, constructing, improving, repairing, or maintaining a dwelling; or

(ii) Secured by residential real estate.

(2) The selling, brokering, or appraising of residential real property.

(c) Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, marital status, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, sex, sexual orientation, gender identity or expression, age, disability, or familial status.
R.I. Gen. Laws § 34-37-5.1 — RI Code / Title 34 / Chapter 34-37 / Section 34-37-5.1
§ 34-37-5.1. Interference, coercion, or intimidation.
Status: in_force

It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter. No owner under this chapter or any agent of these shall discriminate in any manner against any individual because he or she has opposed any practice forbidden by this chapter, or because he or she has made a charge, testified, or assisted in any manner in any investigation, proceeding, or hearing under this chapter.
R.I. Gen. Laws § 34-37-8 — RI Code / Title 34 / Chapter 34-37 / Section 34-37-8
§ 34-37-8. Appropriation.
Status: in_force

The general assembly shall annually appropriate such sums as is deemed necessary to carry out the purposes of this chapter; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or so much thereof as may be required from time to time upon the receipt by him or her of properly authenticated vouchers.
R.I. Gen. Laws § 34-42-2 — RI Code / Title 34 / Chapter 34-42 / Section 34-42-2
§ 34-42-2. Definitions.
Status: in_force

As used in this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:

(1) Abandoned lease space means a leased space that the owner finds unlocked and empty, or a leased space in which possession and all rights to any personal property within it, have been surrendered to the owner by the occupant.

(2) Default means the failure to perform on time any obligation set forth in the rental agreement or this chapter.

(3) Electronic mail means an electronic message or executable program or computer file that contains an image of a message transmitted between two (2) or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks from which a confirmation or receipt is received.

(4) Electronic mail address means a destination commonly expressed as a string of characters, consisting of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which an electronic mail message can be sent or delivered.

(5) Last known address means that address or electronic mail address provided by the occupant in the latest rental agreement or the address or electronic mail address provided by the occupant in a subsequent written notice of a change of address.

(6) Occupant means a person, or his or her sublessee, successor, or assign, who is entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.

(7) Owner means the proprietor, operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any other person authorized by him or her to manage the facility or to receive rent from an occupant under a rental agreement. An owner is not a warehouseman, as defined in § 6A-7-102(1)(h) except that if an owner issues a warehouse receipt, bill of lading, or other document of title for the personal property sold, the owner is subject to the provisions of chapter 7 of title 6A, and the provisions of this chapter shall not apply.

(8) Personal property means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, motorcycles, trailers, recreational vehicles (RVs), furniture, and household items.

(9) Rental agreement means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility.

(10) Self-service storage facility means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for habitation or any other residential purposes.

(11) Verified mail means any method of mailing that is offered by the United States Postal service, or through electronic mail, that provides evidence of mailing.
R.I. Gen. Laws § 34-28-21 — RI Code / Title 34 / Chapter 34-28 / Section 34-28-21
§ 34-28-21. Decree ordering sale.
Status: in_force

The court shall, upon motion made by the plaintiff, defendant, or any other person, party to the proceedings, claiming to have a lien on the property or any part thereof under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, had any claim against the property at the time of filing the complaint, or on becoming a party to the proceedings, the court shall, by itself or by a master to be appointed by it for that purpose, proceed to ascertain the exact nature and amount of each claim on the property or any part thereof, made by or belonging to any party to the proceedings, the amount of which to be allowed and paid shall be computed on the basis of the value of the property prior to the construction, erection, alteration, or reparation which is the subject matter of the complaint, and the order in which, in accordance with § 34-28-25, they should be paid, and, in the event no payment has been made into the registry of the court as provided in § 34-28-17, how much of the property, and especially how much, if any, and what portions of land under and adjoining the same, subject to sale by the provisions of this chapter, should be sold to satisfy the claims; and thereupon the court shall decree the property or some part of it, or the interest of the person defendant in the property or some part of it at the time the lien accrued, to be sold by and under the direction of a master to be appointed for that purpose, with instructions, restrictions, and conditions as it shall give in the premises, and the master shall make the sale in accordance with the instructions, restrictions and conditions, free and clear of all titles, claims, leases, mortgages, attachments, or other liens or encumbrances (including all liens under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 and all rights of dower and curtesy), except of persons who have rights which are excepted in § 34-28-16 from being void and wholly lost unless an appearance and account and demand or claim is filed in accordance therewith.
R.I. Gen. Laws § 34-33-2 — RI Code / Title 34 / Chapter 34-33 / Section 34-33-2
§ 34-33-2. Sale of goods  Notice.
Status: in_force

Any hotelkeeper or innkeeper who shall have a lien for accommodation, board and lodging or extras upon any baggage, goods, chattels, or property as provided in § 34-33-1, or who, for a period of six (6) months shall have in his or her custody any unclaimed trunk, box, valise, package or parcel, or other chattel property, may sell the property at public auction to the highest bidder for cash and out of the proceeds of the sale may retain the expense of storage, advertisement, and sale thereof, as well as the amount of lien, if any; provided, however, that not less than fifteen (15) days prior to the date of the sale, a notice designating the time and place of the sale, and containing a brief general description of the goods, baggage, or articles to be sold, shall be published in a newspaper published in the city or town in which the hotel or inn is situated, and if there is no newspaper published in the city or town, then in a newspaper published in the county where the hotel or inn is situated; and provided, further, that if the name and address of the guest or owner of the goods, baggage or articles appears on the records of the hotelkeeper or innkeeper, a copy of the published notice shall be mailed to the guest or owner at the address by registered or certified mail, postage prepaid, not less than ten (10) days prior to the date of the sale.
R.I. Gen. Laws § 34-16-10 — RI Code / Title 34 / Chapter 34-16 / Section 34-16-10
§ 34-16-10. Service of process on residents.
Status: in_force

Service of process upon known defendants residing or located in the state whose residence or place of business therein is known or can be ascertained by the plaintiff shall be made personally, as provided by law.
R.I. Gen. Laws § 34-7-2 — RI Code / Title 34 / Chapter 34-7 / Section 34-7-2
§ 34-7-2. Absentees and persons under disability  Reversioners and remaindermen.
Status: in_force

Nothing in this chapter shall be so construed, deemed or taken, as to extend to prejudice the rights and claims of persons under age, persons of unsound mind, or persons imprisoned or beyond the limits of the United States, if they bring their suits within the space of ten (10) years next after the impediment is removed; nor to bar any person or persons having any estate in reversion or remainder, expectant or depending, in any lands, tenements or hereditaments, after the end or determination of the estate for years, life or lives, the person or persons pursuing his or their title by due course of law within ten (10) years after his, her, or their right of action shall accrue.
R.I. Gen. Laws § 34-17-5 — RI Code / Title 34 / Chapter 34-17 / Section 34-17-5
§ 34-17-5. Testamentary powers unaffected by § 34-17-4.
Status: in_force

Section 34-17-4 shall not affect the right of the owner of land to make a different arrangement by will or otherwise as to the removal of fixtures, nor shall it in any way impair or affect the provisions of any will or other instrument by which an estate for life in land is created or limited.
R.I. Gen. Laws § 34-4-1 — RI Code / Title 34 / Chapter 34-4 / Section 34-4-1
§ 34-4-1. Presumed death from absence of life tenant.
Status: in_force

If any person shall be absent from this state for the term of seven (7) years without due proof of his or her being alive, for whose life any estate shall be holden by himself or herself or any other person, the person claiming the remainder or reversion of the estate expectant upon the death of the person so absent, may enter upon the estate and hold the estate according to his or her title, or until the absent person shall return to this state, or due proof shall be made of his or her being alive.
R.I. Gen. Laws § 34-18-32 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-32
§ 34-18-32. Landlords noncompliance as defense to action for possession or rent.
Status: in_force

(a) In an action for possession based upon nonpayment of rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount he or she may recover under the rental agreement or this chapter. In that event, the court, from time to time, may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is frivolous or without any basis in fact, the landlord may recover reasonable attorneys fees.

(b) In an action for rent when the tenant is not in possession, he or she may counterclaim as provided in subsection (a) of this section, but is not required to pay any rent into court.
R.I. Gen. Laws § 34-25-2 — RI Code / Title 34 / Chapter 34-25 / Section 34-25-2
§ 34-25-2. Priority of future loan mortgages over encumbrances not previously recorded.
Status: in_force

The mortgage and the rights established therein shall, to the extent of the loans secured thereby, and interest, taxes, insurance premiums, and other obligations secured thereby, have full priority over all mortgages, liens and encumbrances which have not been recorded prior to such recording of the mortgage deed except as otherwise hereinafter provided.
R.I. Gen. Laws § 34-46-1 — RI Code / Title 34 / Chapter 34-46 / Section 34-46-1
§ 34-46-1. Short title.
Status: in_force

This chapter shall be known as the Rhode Island Dry Dock Facilities Act.
R.I. Gen. Laws § 34-23-2 — RI Code / Title 34 / Chapter 34-23 / Section 34-23-2
§ 34-23-2. Redemption right of mortgagor or vendor with defeasance.
Status: in_force

All real estates, conveyed or pledged by mortgage or deed of bargain and sale with defeasance, shall be redeemable by the mortgagor or vendor, his or her heirs, executors, administrators, successors, or assigns, on paying the money borrowed thereon, with interest, or by performing the condition on which the real estate was conveyed or mortgaged, deducting the rents and profits which the mortgagee, or any under him or her, may have received over and above the taxes and assessments paid out, and suitable repairs and insurance made by him, her, or them, and all other necessary expenses in the care and management of the premises.
R.I. Gen. Laws § 34-16-2 — RI Code / Title 34 / Chapter 34-16 / Section 34-16-2
§ 34-16-2. Examination of title  Notice to parties in interest.
Status: in_force

Upon filing his or her complaint, the plaintiff shall thereafter, at his or her own cost, select, with the approval of the court, a title company or an attorney familiar with the examination of land titles, which company or attorney shall proceed to examine the title to the real estate described in the complaint, and when the examination is completed, shall deposit an abstract of title to the real estate in the court, together with a report of the status of the title and a list of the parties found interested therein, and who should, in the opinion of the company or attorney, be made parties to the action. Upon receipt of the abstract and report, the court shall order all persons not parties to the action but found by it to be necessary to the cause to be made parties defendant and shall order notice to be given to those defendants.
R.I. Gen. Laws § 34-18-20 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-20
§ 34-18-20. Disclosure.
Status: in_force

(a) A landlord or any person authorized to enter into a rental agreement on his or her behalf shall disclose to the tenant in writing, at or before the commencement of the tenancy, the name, address and number of:

(1) The person authorized to manage the premises; and

(2) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.

(b) The information required to be furnished by this section shall be kept current. This section extends to and is enforceable against any successor landlord, owner, or manager.

(c) A person who fails to comply with subsection (a) of this section becomes an agent of each person who is a landlord for:

(1) Service of process and receiving and receipting for notices and demands; and

(2) Performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose of all rent collected from the premises.

(d) A landlord who becomes delinquent on a mortgage securing real estate upon which the dwelling unit is located for a period of one hundred twenty (120) days shall notify the tenant that the property may be subject to foreclosure; and until the foreclosure occurs the tenant must continue to pay rent to the landlord as provided under the rental agreement.
R.I. Gen. Laws § 34-42-5 — RI Code / Title 34 / Chapter 34-42 / Section 34-42-5
§ 34-42-5. Construction of chapter.
Status: in_force

Nothing in this chapter shall be construed to impair or affect the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this chapter shall be in addition to all other rights allowed by law to a creditor against a debtor.
R.I. Gen. Laws § 34-8-6 — RI Code / Title 34 / Chapter 34-8 / Section 34-8-6
§ 34-8-6. Proximity to established station required for use of coordinates in public records.
Status: in_force

No coordinates based on either Rhode Island coordinate system, purporting to define the position of a point on land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within one kilometer of a monumented horizontal control station and unless minimum THIRD ORDER  class II procedures are used in conformity with the standards of accuracy and specifications prepared and published by the federal geodetic control committee established in conformity with the standards of accuracy and specifications for first  or second-order geodetic surveying as prepared and published by the federal geodetic control committee (FGCC) of the United States department of commerce. Standards and specifications of the FGCC or its successor in force on date of the survey shall apply. The publishing of the existing control stations, or the acceptance with intent to publish the newly established control stations, by the national ocean survey/national geodetic survey will constitute evidence of adherence to the FGCC specifications. Above limitations may be modified by the Rhode Island department of transportation land surveying section to meet local conditions.
R.I. Gen. Laws § 34-44-10 — RI Code / Title 34 / Chapter 34-44 / Section 34-44-10
§ 34-44-10. Legality of prior and inferior mortgage liens.
Status: in_force

The creation of any mortgage lien under this chapter prior to or superior to any mortgage of record at the time the mortgage lien was created shall not disqualify a prior recorded mortgage as a legal investment under chapter 9 of title 19.
R.I. Gen. Laws § 34-36-38 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-38
§ 34-36-38. Applicability of local ordinance, regulation, and building codes.
Status: in_force

A zoning, subdivision, building code, or other real estate use ordinance, regulation, or any other municipal ordinance, rule or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which would not be imposed upon a physically identical development under a different form of ownership or otherwise regulate the creation, governance or existence of the condominium form of ownership, provided, however, that no provision of this section shall invalidate or modify any provision of any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation.
R.I. Gen. Laws § 34-18-60 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-60
§ 34-18-60. Sealing and unsealing of court files.
Status: in_force

(a) Actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 may be sealed by the court upon motion by any party or parties filed at least thirty (30) days after the expiration of the appeal period following the conclusion of the underlying civil action.

(b) In ruling on the motion to seal, the court shall grant the motion and seal the record of the civil action upon a finding that the underlying civil action was dismissed as a result of a motion to dismiss, the action was resolved by stipulation and the terms of the stipulation have been satisfied by the parties, any monetary judgment against the moving party has been satisfied in full, or the action has been dismissed for lack of prosecution after a five-year (5) period. The court shall also make a finding that the moving party notified all parties to the underlying civil action of their motion to seal the record and that motion is the only request made under this section by the moving party within the previous five (5) years.

(c) Any party to an action arising under §§ 34-18-35, 34-18-36, and 34-18-38 may file a motion to seal the record of the action upon satisfaction of the requirements set forth in subsections (a) and (b) of this section. Parties requesting seal of their record under this section are limited to one request every five (5) years.
R.I. Gen. Laws § 34-4-27 — RI Code / Title 34 / Chapter 34-4 / Section 34-4-27
§ 34-4-27. Title to real estate  Trusts.
Status: in_force

(a) Property to be held in trust shall be conveyed to the trustees of the subject trust. An affidavit or memorandum of trust may be recorded in connection with the creation, amendment, restatement, or revocation of a trust. Any transfer or mortgage of trust property by the trustees shall require the recording of the trust instrument as amended or restated, or, in the alternative, the recording of the affidavit or memorandum of trust. An affidavit or memorandum of trust shall be executed either by each settlor of the trust, or by each current trustee and shall include the following information:

(1) Name of the trust, including the name of each settlor, the name of each original trustee, and the date of the original instrument and of each amendment or restatement;

(2) Names of the current trustees;

(3) Statement as to whether the trustees have the power to perform discretionary acts as trustees without the consent, concurrence, or direction of the beneficiaries;

(4) Statement as to the trustees authority to convey, mortgage, lease, or grant restrictions or easements or any other interest in the real estate, with a copy of the relevant provisions of the trust attached to the affidavit or memorandum;

(5) Statement as to whether anything in the trust derogates from the power of the trustees to convey, mortgage, lease, or grant restrictions or easements or any other interest in real estate;

(6) Statement as to whether the trust has been revoked or has otherwise terminated and, if the trust has been revoked or has otherwise terminated, a statement as to the trustees power to convey trust property to effect such revocation or termination;

(7) Statement as to the manner in which the trustees are replaced and successor trustees are appointed;

(8) Statement regarding the time and manner in which the trust terminates as well as a statement as to whether the trust is revocable and, if revocable, the circumstances under which it becomes irrevocable; and

(9) Statement regarding the date and place of death of the settlor (if applicable).

(b) Any third party without actual knowledge to the contrary may rely on the validity of the statements contained in the affidavit or memorandum of trust.

(c) Any amendment or revocation of a trust or an affidavit or memorandum thereof must be recorded to constitute notice to third parties.

(d) The provisions of this section shall apply to all transactions regarding all trusts and recorded instruments pertaining to real property recorded on or after the effective date of this act.
R.I. Gen. Laws § 34-15-8 — RI Code / Title 34 / Chapter 34-15 / Section 34-15-8
§ 34-15-8. Notice to absentee by service on tenant in possession.
Status: in_force

If a person named defendant in a complaint for partition, being an inhabitant of this state, is temporarily absent from the state, so that, although it may be known where the person is, the complaint or subpoena cannot be personally served upon him or her, legal service may be made by leaving a copy of the complaint or subpoena with the tenant in possession of the estate whereof partition is demanded, if there is a tenant.
R.I. Gen. Laws § 34-36-10 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-10
§ 34-36-10. Declaration  Recording.
Status: reserved

The owner or developer of a condominium project shall, prior to the conveyance of any unit, record a declaration containing covenants, conditions, and restrictions relating to the project, which shall be enforceable equitable servitudes where reasonable, and shall run with the land. Such servitudes unless otherwise provided, may be enforced by any unit owner, and his or her successors in interest, and may contain, among other things, the following particulars:

(1) A description of the land on which the building and improvements are or are to be located.

(2) A description of the building, stating the number of stories and basements and the number of units and the principal materials of which it is or is to be constructed.

(3) The unit number of each unit, and a statement of its location, approximate areas, number of rooms, and immediate common area to which it has access, and any other data necessary to its proper identification.

(4) A description of the common areas and facilities.

(5) A description of the limited common areas and facilities, if any, stating to which units such use is reserved.

(6) The value of the property and of each unit, and the percentage of undivided interest in the common areas and facilities appurtenant to each unit and its owner for all purposes, including voting.

(7) A statement of the purposes for which the building and each of its units are intended and restricted as to use.

(8) The name of a person to receive service of process, in the cases described in this chapter, together with the residence or place of business of the person which shall be within the city or county in which the building is located.

(9) Provisions, not inconsistent with this chapter, as to the percentage of votes by the unit owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property, or of any other question.

(10) The method by which the declaration may be amended consistent with the provisions of this chapter.

(11) Any further matters in connection with the property which the person or persons executing the declaration may deem desirable to set forth consistent with this chapter.
R.I. Gen. Laws § 34-7-4 — RI Code / Title 34 / Chapter 34-7 / Section 34-7-4
§ 34-7-4. Right of footway denied.
Status: in_force

No right of footway, except claimed in connection with a right to pass with carriages, shall be acquired by prescription or adverse use for any length of time.
R.I. Gen. Laws § 34-25-6 — RI Code / Title 34 / Chapter 34-25 / Section 34-25-6
§ 34-25-6. Mortgagees authorized to take future loan mortgages.
Status: in_force

(a) Domestic building-loan associations, whether organized by special act of the general assembly or pursuant to the provisions of chapter 22 of title 19, foreign building-loan associations subject to the provisions of chapter 24 of title 19, savings and loan associations organized under the laws of the United States of America, credit unions subject to the provisions of chapter 21 of title 19, and other financial institutions are expressly authorized to make loans secured by mortgages entitled as provided in § 34-25-1 and containing the provision required in § 34-25-1 to be contained in the provisions of such mortgages, provided that such loans comply in other respects with the requirements of law relating to loans secured by real estate mortgages made by such institutions.

(b) Other mortgagees are authorized to make loans on the security of such mortgages if such mortgages comply with the requirements of §§ 34-25-1  34-25-5.
R.I. Gen. Laws § 34-36-26 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-26
§ 34-36-26. Liability of unit owner for common expenses absolute.
Status: in_force

No unit owner may exempt himself or herself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his or her unit.
R.I. Gen. Laws § 34-42-9 — RI Code / Title 34 / Chapter 34-42 / Section 34-42-9
§ 34-42-9. Contents of rental agreement.
Status: in_force

(a) The rental agreement shall contain a conspicuous statement in bold type notifying the occupant of the following:

(1) That the property stored in the leased space is not insured by the owner against loss, theft or damage.

(2) The existence of the lien under this chapter.

(3) That property stored in the leased space may be sold to satisfy the lien if the occupant is in default.

(b) If the rental agreement contains a limit on the value of the property that can be stored in the leased space, the limit shall be deemed to be the maximum value of the property stored in said leased space.
R.I. Gen. Laws § 34-31-2 — RI Code / Title 34 / Chapter 34-31 / Section 34-31-2
§ 34-31-2. Sale to enforce lien.
Status: in_force

If the charge or charges remain unpaid for a period of at least six (6) months the launderer or cleanser may sell the article at private or public sale or may dispose of the article in any other manner. After the six-months period has expired the owner and/or legal possessor of the article shall have no further right, title, or interest in and to the article.
R.I. Gen. Laws § 34-36-18 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-18
§ 34-36-18. Release of initial liens.
Status: in_force

At the time of the first conveyance of each unit, every mortgage and other lien affecting the unit, including the percentage of undivided interest of the unit in the common areas and facilities, shall have been paid and satisfied of record, or the unit being conveyed and its percentage of undivided interest in the common areas and facilities shall have been released therefrom by partial release recorded.
R.I. Gen. Laws § 34-11-16 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-16
§ 34-11-16. Meaning of warranty covenants.
Status: in_force

In any conveyance of real estate the words with warranty covenants shall have the full force, meaning, and effect of the following words: The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, that he or she is lawfully seised in fee simple of the granted premises; that the premises are free from all incumbrances; that he or she has good right, full power and lawful authority to sell and convey the premises to the grantee and his or her heirs and assigns; that the grantee and his or her heirs and assigns shall at all times hereafter peaceably and quietly have and enjoy the granted premises; and that the grantor will, and his or her heirs, executors and administrators shall, warrant and defend the premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons.
R.I. Gen. Laws § 34-11-30 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-30
§ 34-11-30. Validation of deeds executed under defective law.
Status: in_force

Notwithstanding the error in § 1 of chapter 1056 of the public laws of 1927, in which reference was erroneously made to § 16 thereof instead of to § 17 thereof, and notwithstanding the error in § 2 of chapter 1056 in which reference is erroneously made to § 15 thereof instead of to § 16 thereof, all instruments executed on any day between July 1, 1927, and April 19, 1928, both inclusive, in which any of the statutory forms authorized by chapter 1056 have been substantially followed are hereby declared of the same force and effect as if chapter 1056 as originally enacted had not contained those errors.
R.I. Gen. Laws § 34-13-11 — RI Code / Title 34 / Chapter 34-13 / Section 34-13-11
§ 34-13-11. Change in name or status of owner of real estate.
Status: in_force

Any person, corporation or limited liability company owning real estate or having an interest therein whose name has been changed, any corporation which has been merged into or consolidated with another, and any general or limited partnership which has converted to a limited liability company, shall, within sixty (60) days after the change, merger, consolidation, or conversion file with the city or town clerk or the recorder of deeds of the city or town in which the real estate is located a certificate, duly acknowledged, notarized, giving the name before and after the change, merger, consolidation or conversion and the city or town clerk or recorder of deeds shall record and index the certificate in the land records.
R.I. Gen. Laws § 34-43-1 — RI Code / Title 34 / Chapter 34-43 / Section 34-43-1
§ 34-43-1. Insurance on multi-unit residential and commercial property.
Status: in_force

(a) Every landlord or lessor of residential or commercial property in the city of Providence shall file a written declaration in the office of the tax assessor of the city of Providence setting forth information regarding the insurance company insuring the property against loss or damage by fire. The declaration shall indicate the property location, the name of the insurance company or companies issuing the policy, the named insured and the policy number of the policy; the amount of insurance coverage provided in the policy; and the named insured and/or loss payee. The declaration shall be filed within ten (10) days of the landlord or lessor taking title to the property and within ten (10) days of the issuance of a new policy or amendment of the policy which amends any of the information contained in the declaration. The declaration shall also apply to all existing property as of June 27, 1986 and shall require filing of the information upon receipt of the first tax bill after June 27, 1986.

(b) Any person who violates the provisions of this section shall be guilty of a misdemeanor and may be punished by a fine of up to an amount not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding one year, or both a fine and imprisonment. The city of Providence is hereby empowered to enforce the provisions of this section.

(c) The provisions of this section shall not apply to any residential property occupied by the owner or owners thereof nor shall it apply to any residential property occupied by less than three (3) households.
R.I. Gen. Laws § 34-28-31 — RI Code / Title 34 / Chapter 34-28 / Section 34-28-31
§ 34-28-31. Application to governmental agencies.
Status: in_force

No lien under § 34-28-1, 34-28-2 or 34-28-3 shall attach to any building, canal, turnpike, railroad, or other improvement, if the improvement is being constructed, erected, altered, or repaired by or for the state, or any city or town, or any subdivision or agency thereof, or to any land upon which the improvement exists, if the land is owned by the state or any city or town, or any subdivision or agency thereof, but the provisions of § 34-28-30 shall apply to buildings, canals, turnpikes, railroads, or other improvements being so constructed, erected, altered, or repaired.
R.I. Gen. Laws § 34-4-8 — RI Code / Title 34 / Chapter 34-4 / Section 34-4-8
§ 34-4-8. Notice of petition for sale  Representation of minors and parties not ascertained.
Status: in_force

Notice of a petition for sale shall be given in such manner as the court may order to all persons who are, or may become, interested in the real estate to which the petition relates, and to all persons whose issue not in being may become interested in the property. The court shall in every case appoint a suitable person to appear and act on the petition as the next friend of all minors, persons not ascertained, and persons not in being, who are, or may become, interested in the real estate. The cost of the appearance and the services of the next friend, including the compensation of his or her counsel, to be determined by the court, shall be paid, as the court may order, either out of the proceeds of the sale or by the petitioner, and in the latter case execution for the compensation may issue in the name of the next friend.
R.I. Gen. Laws § 34-36-21 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-21
§ 34-36-21. Interest of unit owner acquired on forced sale.
Status: in_force

In the event any person shall acquire, through foreclosure, exercise of power of sale, or other enforcement of any lien, or by tax deed, the interest of any unit owner, the interest acquired shall be subject to all the provisions of this chapter and to the covenants, conditions, and restrictions contained in the declaration, the record of survey map, the bylaws, the house rules, or any deed affecting the interest then in force.
R.I. Gen. Laws § 34-15-1 — RI Code / Title 34 / Chapter 34-15 / Section 34-15-1
§ 34-15-1. Cotenants of estates of inheritance.
Status: in_force

All joint tenants, coparceners, and tenants in common, who now are or hereafter may be actually seised or possessed of any estate of inheritance in any lands, tenements or hereditaments, whether in their own right or as receiver appointed by any state or federal court, or as trustee in bankruptcy, may be compelled to make partition between them of those lands, tenements, and hereditaments by civil action.
R.I. Gen. Laws § 34-11-1.1 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-1.1
§ 34-11-1.1. Signing and printing names.
Status: in_force

The signatories and notaries public to all deeds, mortgages, transfers, assignments, and discharges of mortgages, leases, rental agreements, rescissions or assignments thereof, and contracts for the sale of land shall have their names typed or printed immediately beneath or adjacent to their signatures. Failure to comply herewith shall not affect the validity of any such instrument, but the recording fee for the instrument shall be increased by two dollars ($2.00).
R.I. Gen. Laws § 34-22-2 — RI Code / Title 34 / Chapter 34-22 / Section 34-22-2
§ 34-22-2. Delivery and recording of disclaimer and renunciation.
Status: in_force

Any renunciation or disclaimer shall be valid and effective according to its terms when signed by the person disclaiming or renouncing the power and delivered to any other person having any legal or equitable interest, vested or contingent, in the property subject to the power; provided, however, that if the property, or any part thereof, shall consist of real estate situated in this state, the disclaimer or renunciation shall not take effect with respect to the real estate unless and until the renunciation or disclaimer shall be acknowledged and recorded in the records of land evidence in the town or city in which the real estate, or some part thereof, is situated.
R.I. Gen. Laws § 34-7-9 — RI Code / Title 34 / Chapter 34-7 / Section 34-7-9
§ 34-7-9. Land preserved for open space, conservation or cemetery purposes.
Status: in_force

Any land held or preserved by a nonprofit corporation or nonprofit association for purposes of conservation, open space, or a cemetery is not subject to adverse possession or prescription.
R.I. Gen. Laws § 34-11-37 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-37
§ 34-11-37. Indefinite references to trustee.
Status: in_force

The word trustee or the words as trustee or words of similar meaning, following the name of the grantee of real estate or any interest therein conveyed, transferred or assigned by an instrument duly executed and recorded, wherein the instrument fails to set forth the terms of the trust, or to specify a recorded instrument which sets forth its terms and the place in the public records where the instrument is recorded, shall not affect the right of such grantee to sell or otherwise dispose of the real estate or interest therein in the same manner as if the word trustee or the words as trustee had not been used in the instrument, and any person to whom the real estate or interest therein has been transferred by the grantee shall not be liable for the claim of any undisclosed beneficiary or for the application of any money which may have been paid by the person therefor.
R.I. Gen. Laws § 34-11-1.3 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-1.3
§ 34-11-1.3. Name and address of mortgagor and mortgagee  Recording.
Status: in_force

Every mortgage deed presented for record shall contain or have endorsed upon it the name and address of the mortgagor and mortgagee and the address shall be recorded as part of the mortgage deed. Failure to comply with this section shall not affect the validity of any mortgage deed, but the city or town clerk may charge an additional two dollars ($2.00) for a recording fee if the name and address does not appear on the instrument. The purpose of including the mortgagees address is to facilitate in the eventual discharge thereof, and also for purpose of any notice that may be sent to the mortgagor and mortgagee.
R.I. Gen. Laws § 34-13-12 — RI Code / Title 34 / Chapter 34-13 / Section 34-13-12
§ 34-13-12. Conveyance of property acquired prior to change of name.
Status: in_force

Any person or corporation who conveys property acquired prior to a change of name shall state in the instrument of conveyance the name under which that person or corporation acquired the property, and the city or town clerk or recorder of deeds shall index the record of the instrument in the name under which the property was acquired and in the name under which it was transferred.
R.I. Gen. Laws § 34-25-14 — RI Code / Title 34 / Chapter 34-25 / Section 34-25-14
§ 34-25-14. Mortgagees authorized to take open-end mortgages.
Status: in_force

(a) Domestic building-loan associations, whether organized by special act of the general assembly or pursuant to the provisions of chapter 22 of title 19, foreign building-loan associations subject to the provisions of chapter 24 of title 19, savings and loan associations organized under the laws of the United States, credit unions subject to the provisions of chapter 21 of title 19, loan and investment banks subject to the provisions of chapter 20 of title 19 and other financial institutions are expressly authorized to make loans secured by mortgages entitled as provided in § 34-25-8 and containing the provisions required in §§ 34-25-8 and 34-25-9 to be contained in the provisions of such mortgages; provided, that such loans comply in other respects with the requirements of law, if any, relating to loans secured by real estate mortgages made by those institutions.

(b) Other mortgagees are authorized to make loans on the security of such mortgages if such mortgages comply with the requirements of §§ 34-25-8  34-25-14.
R.I. Gen. Laws § 34-11-10 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-10
§ 34-11-10. Takers not party to indenture  Conveyance purporting to be indenture.
Status: in_force

Under an indenture hereafter executed, an immediate estate or interest in any tenements or hereditaments, and the benefit of a condition or covenant respecting any tenements or hereditaments, may be taken, although the taker thereof be not named a party to that indenture; also any conveyance purporting to be an indenture shall have the effect of an indenture although not actually indented.
R.I. Gen. Laws § 34-36-19 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-19
§ 34-36-19. Unit liens.
Status: in_force

(a) Subsequent to recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien shall thereafter arise or be effective against the property. During the period liens or encumbrances shall arise or be created only against each unit and the percentage of undivided interest in the common areas and facilities appurtenant to the unit in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership; provided that no labor performed or materials furnished with the consent or at the request of a unit owner or his or her agent or his or her contractor or subcontractor shall be the basis for the filing of a lien pursuant to the lien law against the unit of any other unit owner not expressly consenting to or requesting the labor or materials, except that the express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs. Labor performed or materials furnished for the common areas and facilities, if authorized by the unit owners, the manager or management committee in accordance with §§ 34-36-1  34-36-34, 34-36-35 and 34-36-36 the declaration or bylaws or the house rules, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to the lien law against each of the units.

(b) In the event a lien against two (2) or more units becomes effective, the unit owners of the separate units may remove their unit and the percentage of undivided interest in the common areas and facilities appurtenant to the unit from the lien by payment of the fractional or proportional amount attributable to each of the units affected. The individual payment shall be computed by reference to the percentages appearing in the declaration. Subsequent to any payment, discharge, or other satisfaction, the unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the lien so paid, satisfied, or discharged. Partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his or her rights against any unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied, or discharged.
R.I. Gen. Laws § 34-15-12 — RI Code / Title 34 / Chapter 34-15 / Section 34-15-12
§ 34-15-12. Death of party  Substitution of heirs or devisees.
Status: in_force

No action for partition shall be abated by the decease of either of the parties plaintiff or defendant in the action. In case of the decease of either of the plaintiffs or defendants in the action, the court shall cause the heirs at law or devisees of the deceased party to be notified of the pendency of the action in the same manner as if they had been parties in the original action, and may, after the notice has been given, render judgment in the action in the same manner as might have been done had the heirs or devisees been original parties in the action.
R.I. Gen. Laws § 34-18-22.1 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-22.1
§ 34-18-22.1. Landlords duty to notify tenant of violation.
Status: in_force

(a) A landlord, when cited by a state or local minimum housing code enforcement agency for a housing code violation, shall, within thirty (30) days of receipt of the notice, deliver a copy of the notice of violation to each residential tenant of the building affected by said violation, unless within said thirty (30) day period the landlord has corrected all violations set forth in the notice of violation to the satisfaction of the state or local minimum housing code enforcement agency which issued the notice of violation.

(b) A landlord, prior to entering into any residential rental agreement, shall inform a prospective tenant of any outstanding minimum housing code violations which exist on the building that is the subject of the rental agreement.
R.I. Gen. Laws § 34-25-7 — RI Code / Title 34 / Chapter 34-25 / Section 34-25-7
§ 34-25-7. Application of mortgages to after-acquired property of public utilities.
Status: in_force

Notwithstanding the provisions of chapter 9 of title 6A, whenever any public utility, as defined in chapter 1 of title 39, shall have given a mortgage expressly including real or personal property to be acquired after the date of the execution of the mortgage, and the mortgage shall have been duly recorded, no further deed, conveyance or recording, or delivery of possession from the mortgagor to the mortgagee, his, her, or its heirs, executors, administrators, successors, or assigns shall be required as to any real or personal property situated in any town or city in which the mortgage shall have been duly recorded, if real property, or the office of the secretary of state, if personal property, and all right, title and interest of the public utility in and to any real or personal property situated in any town or city in which the mortgage shall have been duly recorded, if real property, or the office of the secretary of state, if personal property, and acquired by the mortgagor after the execution and prior to the discharge of the mortgage, unless otherwise expressly provided in the mortgage, shall vest in the mortgagee, his, her, or its heirs, executors, administrators, successors, or assigns, subject to the terms of the mortgage, as against all persons whatsoever, immediately upon the acquisition of the real or personal property by the mortgagor.
R.I. Gen. Laws § 34-18-51 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-51
§ 34-18-51. Issuance of execution on nonpayment of rent.
Status: in_force

In the event that the tenant shall fail or refuse to pay all sums promptly when due in accordance with the provisions of § 34-18-49, the court in which the judgment for possession was issued shall, on motion of the landlord and after hearing thereon, including satisfactory proof of such nonpayment, enter an order for the issuance of such execution and the prompt service thereof, and from this order there shall be no appeal.
R.I. Gen. Laws § 34-36-33 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-33
§ 34-36-33. Actions relating to common areas.
Status: in_force

Without limiting the rights of any unit owner, actions may be brought by the manager or management committee, in either case in the discretion of the management committee, on behalf of two (2) or more of the unit owners, as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities or more than one unit. Service of process on two (2) or more unit owners in any action relating to the common areas and facilities or more than one unit may be made on the person designated in the declaration to receive service of process.
R.I. Gen. Laws § 34-18-5 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-5
§ 34-18-5. Administration of remedies  Enforcement.
Status: in_force

(a) The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages and injunctive relief, including temporary restraining orders, as set forth in § 34-18-6. The aggrieved party has a duty to mitigate damages.

(b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
R.I. Gen. Laws § 34-44-1.1 — RI Code / Title 34 / Chapter 34-44 / Section 34-44-1.1
§ 34-44-1.1. Inventory of abandoned properties.
Status: in_force

(a) On or before April 2, 2025, each town and city shall publish a list of all properties located in each respective town or city which, based on inspection and records, may qualify as abandoned property under this chapter. After April 2, 2025, the list shall be published and updated annually and made available in the town or city clerks office and on the municipal website. Notice of the inclusion of a property on the abandoned properties list shall be provided to the last known record owner or owners as available from the tax assessor records by first class mail, postage pre-paid. The exclusion of any property from a city or town list shall not disqualify any property from the provisions of this chapter, so long as the court makes the requisite findings as set forth herein.

(b) The publication of a list under this section shall not constitute grounds for legal claims against a municipality by the record owner or any interested party.
R.I. Gen. Laws § 34-28-19 — RI Code / Title 34 / Chapter 34-28 / Section 34-28-19
§ 34-28-19. Costs of proceedings.
Status: in_force

The costs of the proceedings shall in every instance be within the discretion of the court as between any of the parties. Costs shall include legal interest, costs of advertising, and all other reasonable expenses of proceeding with the enforcement of the action. The court, in its discretion, may also allow for the award of attorneys fees to the prevailing party.
R.I. Gen. Laws § 34-4-9 — RI Code / Title 34 / Chapter 34-4 / Section 34-4-9
§ 34-4-9. Management of proceeds of sale  Supervision by court.
Status: in_force

The trustee or trustees appointed under § 34-4-7 shall give bond in such form and for such an amount as the court may order, shall receive, hold, and invest the proceeds of any sale, and shall pay, apply, and distribute the proceeds, and any income therefrom, to or for the benefit of the persons who would have been entitled to the real estate and the income therefrom if the sale had not been made, and shall have full power in his, her, or their discretion, or, if a corporation, in the discretion of its officer or committee duly authorized, from time to time to invest, reinvest, and change the investment of the proceeds; and the court shall have jurisdiction of all matters thereafter arising in relation to the trust, including the removal of a trustee and the appointment of another in his or her stead, or filling a vacancy in the trusteeship whenever the occasion requires.
R.I. Gen. Laws § 34-18-58 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-58
§ 34-18-58. Statewide mandatory rental registry.
Status: in_force

(a) All landlords shall register the following information with the department of health:

(1) Names of individual landlords or any business entity responsible for leasing to a tenant under this chapter;

(2) An active business address, PO box, or home address;

(3) An active email address;

(4) An active telephone number that would reasonably facilitate communications with the tenant of each dwelling unit;

(5) Any property manager, management company, or agent for service of the property, along with the business address, PO box, or home address of the property manager, management company, or agent and including:

(i) An active email address; and

(ii) An active telephone number, for each such person or legal entity, if applicable, for each dwelling unit; and

(6) Information necessary to identify each dwelling unit.

(b) All landlords who lease a residential property constructed prior to 1978 and that is not exempt from the requirements of chapter 128.1 of title 42 (lead hazard mitigation) shall, in addition to the requirements of subsection (a) of this section, for each dwelling unit, provide the department of health with a valid certificate of conformance in accordance with chapter 128.1 of title 42 (lead hazard mitigation) and regulations derived therefrom, or evidence sufficient to demonstrate that they are exempt from the requirement to obtain a certificate of conformance.

(c) Contingent upon available funding, the department of health, or designee, shall create a publicly accessible online database containing the information obtained in accordance with subsections (a) and (b) of this section, no later than nine (9) months following the effective date of this section [June 20, 2023].

(d) All landlords subject to the requirements of subsections (a) and (b) of this section as of September 1, 2024, shall register the information required by those subsections no later than October 1, 2024.

A landlord who acquires a rental property, or begins leasing a rental property to a new tenant, after September 1, 2024, shall register the information required by subsections (a) and (b) of this section within thirty (30) days after the acquisition or lease to a tenant, whichever date is earlier. All landlords subject to the requirements of subsections (a) and (b) of this section shall, following initial registration, re-register by October 1 of each year in order to update any information required to comply with subsections (a) and (b) of this section, or to confirm that the information already supplied remains accurate.

(e) Any person or entity subject to subsections (a) and (b) of this section who fails to comply with the registration provision in subsection (d) of this section, shall be subject to a civil fine of at least fifty dollars ($50.00) per month for failure to register the information required by subsection (a) of this section, or at least one hundred and twenty-five dollars ($125) per month, for failure to register the information required by subsection (b) of this section.

(f) All civil penalties imposed pursuant to subsection (e) of this section shall be payable to the department of health. There is to be established a restricted receipt account to be known as the rental registry account which shall be a separate account within the department of health. Penalties received by the department pursuant to the terms of this section shall be deposited into the account. Monies deposited into the account shall be transferred to the department of health and shall be expended for the purpose of administering the provisions of this section or lead hazard mitigation, abatement, enforcement, or poisoning prevention. No penalties shall be levied under this section prior to October 1, 2024.

(g) Notwithstanding the provisions of § 34-18-35, a landlord or any agent of a landlord may not commence an action to evict for nonpayment of rent in any court of competent jurisdiction, unless, at the time the action is commenced, the landlord is in compliance with the requirements of subsections (a), (b), and (d) of this section. A landlord must present the court with evidence of compliance with subsections (a), (b), and (d) of this section at the time of filing an action to evict for nonpayment of rent in order to proceed with the civil action.

(h) The department of health may commence an action for injunctive relief and additional civil penalties of up to fifty dollars ($50.00) per violation against any landlord who repeatedly fails to comply with subsection (a) of this section. The attorney general may commence an action for injunctive relief and additional civil penalties of up to one thousand dollars ($1,000) per violation against any landlord who repeatedly fails to comply with subsection (b) of this section. Any penalties obtained pursuant to this subsection shall be used for the purposes of lead hazard mitigation, abatement, enforcement, or poisoning prevention, or for the purpose of administering the provisions of this section. No penalties shall be levied under this section prior to October 1, 2024.
R.I. Gen. Laws § 34-44-8 — RI Code / Title 34 / Chapter 34-44 / Section 34-44-8
§ 34-44-8. Expenses of receivership  Fees.
Status: in_force

The court may assess as court costs, the costs and expenses set out in § 34-44-6(2) of this chapter, and may approve receivers fees to the extent that they are not covered by the income from the property. Any expenses incurred by a receiver pursuant to the exercise of a receivers powers as set forth in § 34-44-6 shall be a lien on the proceeds of any fire insurance claim made by the owner of a building under the control of a receiver for damage or loss to the building caused by or arising out of any fire or explosion, where the event giving rise to the claim occurs on or after the date of appointment of a receiver; provided that the event giving rise to the claim was not caused by a receiver or a person or persons under the control of a receiver.
R.I. Gen. Laws § 34-28-37 — RI Code / Title 34 / Chapter 34-28 / Section 34-28-37
§ 34-28-37. Severability.
Status: in_force

If any part or parts of this chapter shall be held to be unconstitutional, that unconstitutionality shall not affect the validity of the remaining parts of this chapter. The general assembly hereby declares that it would have enacted the remaining parts of this chapter if it had known that the part or parts thereof would be declared unconstitutional.
R.I. Gen. Laws § 34-18-38.2 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-38.2
§ 34-18-38.2. Just cause needed for eviction of foreclosed residential property tenants.
Status: in_force

(a) Notwithstanding any provision of the general or public laws to the contrary, a foreclosing owner shall not evict a tenant except for just cause, or unless a binding purchase-and-sale agreement has been executed for a bona fide third party to purchase the housing accommodation from a foreclosing owner, and the foreclosing owner has disclosed to the third-party purchaser that said purchaser may be responsible for evicting the current occupants of the housing accommodation after the sale occurs; or with respect to a housing accommodation in a housing accommodation insured by the Federal Housing Administration, unless HUD denies a request by any tenant for an occupied conveyance or if a tenant does not submit to HUD a request for continued occupancy before the deadline set forth in a notice to occupants of pending acquisition delivered to the tenant by the foreclosing owner.

(b) Within thirty (30) days of the foreclosure, the foreclosing owner shall post in a prominent location in the building in which the rental housing unit is located, a written notice stating:

(1) The names, addresses, telephone numbers, and telephone contact information of the foreclosing owner, the building manager, or other representative of the foreclosing owner responsible for the management of such building;

(2) The address to which rent charges shall be sent;

(3) That in order to remain on the premises as a tenant of the foreclosing owner, the household must submit, within thirty (30) days, a completed form to be provided with said written notice to the same address where rent charges shall be sent, said form to be substantially similar to the request for continued occupancy form used by HUD and shall contain an authorization to conduct a credit check of the person or persons submitting the form. This requirement shall be satisfied if the foreclosing owner or someone acting on his/her behalf has:

(i) Posted the notice in a prominent location in the building;

(ii) Mailed the notice by first-class mail to each unit; and

(iii) Slid the notice under the door of each unit in the building a document stating the names, addresses, and telephone contact information of the foreclosing owner, the building manager or other representative of the foreclosing owner responsible for the management of such building, and stating the address to which rent and use and occupancy charges shall be sent.

(c) A foreclosing owner shall not evict a tenant except for actions that constitute just cause, and:

(1) A foreclosing owner shall not evict a tenant for the following actions that constitute just cause until thirty (30) days after the notice required by subsection (b) of this section is posted, mailed, and delivered:

(i) The tenant has failed to pay the rent in effect prior to the foreclosure as long as the foreclosing owner notified the tenant in writing of the amount of rent that was to be paid and to whom it was to be paid;

(ii) The tenant has materially violated an obligation or covenant of the tenancy or occupancy, other than the obligation to surrender possession upon proper notice;

(iii) The tenant, who had a written bona fide lease or other rental agreement that terminated, on or after July 1, 2014, has refused, after written request or demand by the foreclosing owner, to execute a written extension or renewal thereof for a further term of like duration and in such terms that are not inconsistent with this section; and

(iv) The foreclosing owner: (A) Seeks to permanently board up or demolish the premises because the premises has been cited by a state or local minimum housing code enforcement agency for substantial violations affecting the health and safety of tenants and it is not economically feasible for the foreclosing owner to eliminate the violations; or (B) Seeks to comply with a state or local minimum housing code enforcement agency that has cited the premises for substantial violations affecting the health and safety of tenants and it is not feasible to so comply without removing the tenant; or (C) Seeks to correct an illegal occupancy because the premises has been cited by a state or local minimum housing code enforcement agency or zoning officials and it is not feasible to correct such illegal occupancy without evicting the tenant.

(2) A foreclosing owner shall not evict a tenant for the following actions that constitute just cause until the notice required by subsection (b) is posted and delivered:

(i) The tenant is committing a nuisance in the unit; is permitting a nuisance to exist in the unit; is causing substantial damage to the unit; or is creating a substantial interference with the quiet enjoyment of other occupants;

(ii) The tenant is using or permitting the unit to be used for any illegal purpose; and

(iii) The tenant has refused the foreclosing owner reasonable access to the unit for the purpose of making necessary repairs or improvements required by the laws of the United States, the state of Rhode Island or any subdivision thereof, or for the purpose of showing the unit to a prospective purchaser or mortgagee.

(d) The following procedures shall be followed for the eviction of a tenant pursuant to subsection (c) of this section:

(1) For evictions brought pursuant to subsection (c)(1)(i), the foreclosing owner shall follow § 34-18-35;

(2) For evictions brought pursuant to subsection (c)(1)(ii), or subsection (c)(2) the foreclosing owner shall follow § 34-18-36;

(3) For evictions brought pursuant to subsection (c)(1)(iii) or (c)(1)(iv); or for evictions brought where a binding purchase-and-sale agreement has been executed for a bona fide third party to purchase the housing accommodation from a foreclosing owner; or for evictions brought with respect to housing accommodations located in a premises insured by the federal housing administration as provided in subsection (a); or for an eviction brought against a tenant who fails to return the form requesting continued occupancy pursuant to subsection (b); the foreclosing owner shall follow the procedures for terminating a month-to-month tenancy set forth in § 34-18-37, provided that any obligations of the foreclosing owner arising under the federal Protecting Tenants at Foreclosure Act of 2009, as such act is amended and extended from time to time, shall first have been satisfied; and provided, further, that in any eviction brought against a tenant pursuant to subsection (c), the tenant may raise an affirmative defense that the form was not posted or served upon the tenant as required by subsection (b).

(e) A foreclosing owner may evict any person other than a tenant by following the procedures for terminating a month-to-month tenancy set forth in § 34-18-37.

(f) If a foreclosing owner disagrees with the amount of rent paid by the tenant to the foreclosing owner, the foreclosing owner may bring a claim in district court to claim that the rental charge is unreasonable and set a new rental rate. A bona fide lease or bona fide tenancy between the foreclosed-upon owner and the lessee, or proof of rental payment to the foreclosed-upon owner, shall be presumed to be a reasonable rental rate.

(g) Nothing herein shall be deemed to limit the right of any tenant to knowingly waive the provisions of this section for consideration acceptable to such tenant.

(h) Notwithstanding any other provisions of this section, a foreclosing owner shall be exempt from the requirement of this section if:

(1) The foreclosing owner is headquartered in Rhode Island and maintains a physical office or offices in Rhode Island from which office or offices it carries out full-service mortgage operations, including the acceptance and processing of mortgage payments and the provision of local customer service and loss mitigation, and where Rhode Island staff have the authority to approve loan restructuring and other loss mitigation strategies; or

(2) The foreclosing owner conducted fewer than fifteen (15) foreclosures in Rhode Island during the prior calendar year, excluding any conveyances of property by a deed in lieu of foreclosure.
R.I. Gen. Laws § 34-37-4.1 — RI Code / Title 34 / Chapter 34-37 / Section 34-37-4.1
§ 34-37-4.1. Discrimination in familial status  Exemptions.
Status: reserved

(a) Nothing in this chapter requires an owner of a housing accommodation to rent to a family with children if:

(1) The housing accommodation is two (2) units, one of which is occupied by the owner;

(2) The housing accommodation is of four (4) units or less, the owner actually maintains and occupies one of those living quarters as his or her residence and one of those units is already occupied by a senior citizen or infirm person for whom the presence of children would constitute a demonstrated hardship;

(3) The housing accommodation was provided under any state or federal program which is designed and operated to assist elderly persons;

(4) The housing accommodation is intended for and solely occupied by persons sixty-two (62) years of age or older; or

(5) The housing accommodation is intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit. Provided that:

(i) At least eighty percent (80%) of the units are occupied by at least one person fifty-five (55) years of age or older per unit; and

(ii) The housing accommodation has significant facilities and services designed to meet the physical or social needs of older persons, or if the provisions of those facilities and services is not practicable, that the housing is necessary to provide important opportunities for older persons;

(iii) The owner or manager has published and adhered to policies and procedures which demonstrate an intent to provide housing for persons fifty-five (55) years of age or older.

(b)(1) An exemption under subsections (a)(4) and (a)(5) can be claimed if the housing did not meet the requirements of subsections (a)(4) and (a)(5) as of September 13, 1988 only if:

(i) New occupants of the housing met the age requirements of subsections (a)(4) and (a)(5) after September 13, 1988; or

(ii) Unoccupied units were reserved for occupancy by persons who met the age requirements of subsections (a)(4) and (a)(5) after September 13, 1988;

(2) An owner will not violate the prohibitions against age discrimination in housing contained in §34-37-4 if the owner asks the age of prospective or actual tenants or buyers, or if the owner grants a preference to older prospective tenants or buyers so long as the housing meets the requirements of subsection (a)(4) or (a)(5) or if the owner is seeking to determine whether the housing meets the requirements of subsection (a)(4) or (a)(5).
R.I. Gen. Laws § 34-11-20 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-20
§ 34-11-20. Meaning of mortgage covenants.
Status: in_force

In any conveyance of real estate the words with mortgage covenants shall have the full force, meaning, and effect of the following words, and shall be applied and construed accordingly: The mortgagor, for himself or herself and for his or her heirs, executors, and administrators, covenants with the mortgagee and his or her heirs and assigns, that he or she is lawfully seised in fee simple of the mortgaged premises; that the same are free from all incumbrances; that he or she has good right, full power, and lawful authority to sell and convey the same to the mortgagee and his or her heirs and assigns; that the mortgagee and his or her heirs and assigns shall at all times hereafter peaceably and quietly have and enjoy the mortgaged premises and that the mortgagor will, and his or her heirs, executors, and administrators shall, warrant and defend the premises to the mortgagee and his or her heirs and assigns forever against the lawful claims and demands of all persons, and that the mortgagor and his or her heirs and assigns, in case a sale shall be made under the power of sale, will, upon request, execute, acknowledge, and deliver to the purchaser or purchasers such deed or deeds confirmatory of the sale as may be required; and that insurance against loss by fire shall be kept and maintained on the buildings, if any, on the mortgaged premises in such office or offices as the mortgagee or his or her heirs, executors, administrators, or assigns shall approve, in a sum not less than the amount secured by the mortgage deed, or as otherwise provided herein, and that the policy or policies of such insurance shall be delivered to and held by the mortgagee and assigned and transferred, or made payable in case of loss, to the mortgagee or his or her heirs, executors, administrators or assigns, as collateral security hereto, and in default thereof, that the mortgagee or his or her heirs, executors, administrators or assigns may effect such insurance in the name of the mortgagor or his or her heirs or assigns, payable in case of loss to the mortgagee or his or her heirs, executors, administrators or assigns, and that the premium or premiums paid therefor shall be a further charge upon the mortgaged premises.
R.I. Gen. Laws § 34-11-15 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-15
§ 34-11-15. Effect of warranty deed.
Status: in_force

A deed substantially following the form entitled Warranty Deed shall, when duly executed, have the force and effect of a deed in fee simple to the grantee and his or her heirs and assigns, to his or her and their own use, with covenants on the part of the grantor, for himself or herself and for his or her heirs, executors, and administrators, with the grantee and his or her heirs and assigns,

(1) That at the time of the delivery of such deed he or she is lawfully seised in fee simple of the granted premises,

(2) That the granted premises are then free from all incumbrances,

(3) That he or she has then good right, full power, and lawful authority to sell and convey the same to the grantee and his or her heirs and assigns,

(4) That the grantee and his or her heirs and assigns shall at all times after the delivery of such deed peaceably and quietly have and enjoy the granted premises, and

(5) That the grantor will, and his or her heirs, executors, and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons.
R.I. Gen. Laws § 34-4-2.1 — RI Code / Title 34 / Chapter 34-4 / Section 34-4-2.1
§ 34-4-2.1. Reservation of life estate with enhanced powers.
Status: reserved

A grantor may convey title to real estate and reserve a life estate therein, coupled with the reserved power and authority, during his or her lifetime, to sell, convey, mortgage, or otherwise dispose of the real property without the consent or joinder by the holder(s) of the remainder interest. A duly-executed conveyance by the life tenant exercising such reserved powers shall, upon recording, vest good title to the interest conveyed in the grantee thereof, free and clear of any right, title and interest of the holder(s) of the remainder interest without the necessity of any additional conveyance by any such holder(s) of the remainder interest.
R.I. Gen. Laws § 34-1-2 — RI Code / Title 34 / Chapter 34-1 / Section 34-1-2
§ 34-1-2. Confirmation of legislative conveyances generally.
Status: in_force

Whereas, at the first settling of this state, and for sundry years afterwards, lands were of little or no value, and skillful men in the law were much wanted, whereby many deeds, grants, and conveyances were weakly made, which may occasion great contests in law if not timely prevented; therefore, all grants, charters and conveyances previously made by the general assembly unto any town, corporation, community or propriety, or to any other person or persons whomsoever, shall be and hereby are ratified and confirmed as good and effectual, to all intents and purposes in law, for conveying all such lands, tenements, hereditaments, rights, privileges and profits as are therein mentioned, to the towns, corporations, communities, proprieties, person, or persons, and to their respective successors, heirs, and assigns forever.
R.I. Gen. Laws § 34-23-3 — RI Code / Title 34 / Chapter 34-23 / Section 34-23-3
§ 34-23-3. Time within which redemption allowed.
Status: in_force

No mortgagor, his or her heirs, executors, administrators, successors, or assigns shall be allowed to redeem any mortgaged real estate, but shall be forever barred and foreclosed of all equity and right of redemption therein, unless the mortgagor, his or her heirs, executors, administrators, successors, or assigns shall pay to the mortgagee, his or her heirs, executors, administrators, successors, or assigns the full sum, both principal and interest, due on the mortgage, within three (3) years after the mortgagee, or other person claiming under him or her, shall by process of law, or by peaceable and open entry made in the presence of two (2) witnesses, have taken actual possession of the mortgaged estate and continued the mortgage during the term.
R.I. Gen. Laws § 34-4-12 — RI Code / Title 34 / Chapter 34-4 / Section 34-4-12
§ 34-4-12. Rights against lessee in remainderman taking precedent estate by merger.
Status: in_force

Where the reversion of any land expectant on a lease shall be merged in any remainder, other reversion, or estate, the person entitled to the estate into which the reversion shall have merged, his or her heirs, executors, administrators, successors and assigns, shall have and enjoy the like advantage, remedy and benefit, against the lessee, his or her heirs, successors, executors, administrators and assigns, for nonpayment of rent, or for doing of waste or other forfeiture, or for not performing conditions, covenants or agreements, contained and expressed in his or her lease, demise or grant, as the person, who would for the time being have been entitled to the mesne reversion which shall have merged, would or might have had and enjoyed if the reversion had not been merged.
R.I. Gen. Laws § 34-44-5 — RI Code / Title 34 / Chapter 34-44 / Section 34-44-5
§ 34-44-5. Demolition.
Status: in_force

Upon the written request of all of the interested parties to have the building, or portions of the building, demolished, because repair and rehabilitation of the building are found not to be feasible, the court may order the demolition. However, no demolition shall be ordered unless the requesting parties have paid the costs of demolition and of the receivership, and all notes, certificates, and mortgages of the receivership.
R.I. Gen. Laws § 34-46-4 — RI Code / Title 34 / Chapter 34-46 / Section 34-46-4
§ 34-46-4. Notice of lien.
Status: in_force

(a) A vessel owner must be notified of the lien created by this chapter before enforcement of the lien by a facility operator. Notification of the lien created by this chapter is satisfied by:

(1) Written storage agreement. A written storage agreement signed by the vessel owner that includes the following language in bold, capitalized font: BEWARE  THE VESSEL AND ITS CONTENTS MAY BE SOLD AT PUBLIC AUCTION FOR FAILURE TO PAY STORAGE CHARGES PURSUANT TO THE DRY DOCK FACILITIES ACT, CHAPTER 46 OF TITLE 34.; or

(2) Written notice of lien. Written notification of the lien sent by the facility operator to the last known address of the vessel owner and, where applicable, to the last known address of the person or entity the facility operator has on record as being responsible for the vessel, if different from the vessels registered owner.

(b) A facility operator who does not have a written storage agreement that includes a notice of the lien created by this chapter may not initiate an enforcement action under § 34-46-5 until thirty (30) days after the delivery of written notice of the lien pursuant to this chapter.
R.I. Gen. Laws § 34-19-10 — RI Code / Title 34 / Chapter 34-19 / Section 34-19-10
§ 34-19-10. Limitation of actions.
Status: in_force

The complaint may be made within three (3) years after the forcible entry and detainer, or forcible detainer, complained of is committed, and not after.
R.I. Gen. Laws § 34-10-7 — RI Code / Title 34 / Chapter 34-10 / Section 34-10-7
§ 34-10-7. Marshland exempt.
Status: in_force

All tracts of marshland so situated and exposed to the flow and wash of the sea as to render it impracticable for the several owners thereof to keep up partition fences around the respective shares or lots, shall be exempted from the operation of this chapter.
R.I. Gen. Laws § 34-11-23 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-23
§ 34-11-23. Mortgage to secure future loans.
Status: in_force

A mortgage deed to secure present and future loans, as authorized and provided for in § 34-25-1, may be in statutory form if in the form provided in (4) Mortgage Deed of § 34-11-12, and if in addition it is entitled at the beginning Mortgage to secure present and future loans under §§ 34-25-1  34-25-5 and contains in its provisions the provision required by § 34-25-1. A mortgage in statutory form, so entitled and containing those provisions shall, subject to the provisions of §§ 34-25-1  34-25-5 have the full force and effect provided in this chapter for a mortgage deed in statutory form, except that the statutory condition in such mortgage shall be construed to include payment of all additional or future loans made on the security as aforesaid of the mortgage as well as the payment and performance of every other obligation now provided for in the statutory condition.
R.I. Gen. Laws § 34-37-10 — RI Code / Title 34 / Chapter 34-37 / Section 34-37-10
§ 34-37-10. Severability.
Status: in_force

If any clause, sentence, paragraph, or part of this chapter or the application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter or its application to other persons or circumstances.
R.I. Gen. Laws § 34-36-7 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-7
§ 34-36-7. Incidents of ownership.
Status: in_force

(a) Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. The percentage shall be computed by taking as a basis the value of the unit in relation to the value of the property.

(b) The percentage of the undivided interest of each unit owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the unit owners expressed in an amended declaration duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains and shall be deemed to be conveyed or encumbered or released from liens with the unit even though the interest is not expressly mentioned or described in the conveyance or other instrument.

(c) The common areas and facilities shall remain undivided and no unit owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this chapter as provided in §§ 34-36-22 and 34-36-31. Any covenants to the contrary shall be null and void.

(d) Each unit owner may use the common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other unit owners.

(e) The necessary work of maintenance, repair, and replacement of the common areas and facilities and the making of any additions or improvements thereon shall be carried out only as provided in this chapter or in the declaration or bylaws.

(f) The manager or management committee shall have the irrevocable right to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the common areas and facilities or for making emergency repairs necessary to prevent damage to the common areas and facilities or to another unit or units.
R.I. Gen. Laws § 34-10-4 — RI Code / Title 34 / Chapter 34-10 / Section 34-10-4
§ 34-10-4. Expense of removal of barbed-wire fence.
Status: in_force

The fence viewer or the adjoining owner who has advanced the necessary expense to remove and store the fence may recover all of the expense in an action of debt from the person or persons who caused or suffered the fence to be built.
R.I. Gen. Laws § 34-18-12 — RI Code / Title 34 / Chapter 34-18 / Section 34-18-12
§ 34-18-12. Obligation of good faith.
Status: in_force

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
R.I. Gen. Laws § 34-28-4 — RI Code / Title 34 / Chapter 34-28 / Section 34-28-4
§ 34-28-4. Notice of intention to claim lien.
Status: in_force

(a) Except as provided in §34-28-7, any and all liens claimed or that could be claimed under §§34-28-1, 34-28-2 or 34-28-3 shall be void and wholly lost to any person claiming under those sections unless the person shall, before or within two hundred (200) days after the doing of such work or the furnishing of such materials, mail by prepaid registered or certified mail, in either case return receipt requested, a notice of intention, hereinafter described, to do work or furnish material, or both, together with a statement that the person so mailing may within two hundred (200) days after the doing of the work or the furnishing of the materials, file a copy of such notice of intention in the records of land evidence in the city or town in which the land generally described in such notice of intention is located and a further statement that the mailing of the notice of intention and the filing of the copy will perfect a lien of the person so mailing against the land under and subject to the provisions of this chapter, to the owner of record of the land at the time of the mailing, or, in the case of a lien against the interest of any lessee or tenant, to the lessee or tenant, the mailing to be addressed to the last known residence or place of business of the owner or lessee or tenant, but if no residence or place of business is known or ascertainable by the person making the mailing by inquiry of the person with whom the person making the mailing is directly dealing or otherwise, then the mailing under this section shall be to the address of the land, and also shall before or within two hundred (200) days after the doing of the work or the furnishing of the materials file a copy of the notice of intention in the records of land evidence in the city or town in which the land generally described in the notice of lien is located. The mailing of the notice of intention and the filing of the copy in the land evidence records together with the mailing of another copy thereof as herein below provided shall perfect, subject to other sections of this chapter, the lien of the person so mailing and filing as to work done or materials furnished by the person during the two hundred (200) days prior to the filing and thereafter, but not as to work done or materials furnished by the person before the two hundred (200) days prior to the filing, any lien for which shall be void and wholly lost. In the event that the notice of intention, having been mailed, shall be returned to the person mailing the notice, not having been delivered for any reason, the lien of the person so mailing shall be void and wholly lost, notwithstanding any other provision of this section, unless such person shall, within thirty (30) days after the return of the notice of intention, and in no event more than two hundred (200) days after the mailing of the notice, file the notice together with the envelope in which the notice was returned, in the place and manner and with the consequences hereinbefore provided for the filing of a copy of the notice of intention, and the filing shall be in lieu of any filing required at any other time under this section.

(b) The notice of intention shall be executed under oath and shall contain:

(1) The name of the owner of record of the land at the time of the mailing, or in the case of a lien against the interest of any lessee or tenant, the name of the lessee or tenant, and the mailing address of the owner or lessee, the name and address to be located at the upper left hand corner of the notice, in addition to the text of the notice, as described in subsection (c);

(2) A general description of the land sufficient to identify it with reasonable certainty, including, for example only, street name and number, if available;

(3) A general description of the nature of the work done or to be done, or of the materials furnished, or to be furnished, or both, and the approximate value thereof as of the date of the notice;

(4) The name and address of the person or persons for whom directly the work has been done or is to be done, or to whom directly the materials have been furnished or are to be furnished;

(5) The name and address of the person mailing the notice and the name of the individual person or persons whose signature will bind the person so mailing on all matters pertaining to the notice or any lien claimed thereunder, or release thereof.

(6) A statement that the person mailing the notice has not been paid for the work done or materials furnished or both.

(c) The notice may be in substantially the following form:
R.I. Gen. Laws § 34-16-8 — RI Code / Title 34 / Chapter 34-16 / Section 34-16-8
§ 34-16-8. Parties barred by presumption of lost grant.
Status: in_force

Under § 34-16-7, proof satisfactory to the court, and adequate to justify it, shall be effective to bar every claim of any party named or referred to in the cause adverse to plaintiffs title, and every adverse and inconsistent right, title, and interest therein of any such party, whether as owner, tenant, joint tenant or tenant in common, mortgagee, creditor, lienholder, or otherwise and the heirs, executors, administrators, successors, and assigns of each of them, and all those in privity with them, who shall claim, or but for this provision might claim, an interest in the real estate involved, and to remove every cloud thereon; and the presumption provided in § 34-16-7, unless rebutted, shall be conclusive.
R.I. Gen. Laws § 34-23-4 — RI Code / Title 34 / Chapter 34-23 / Section 34-23-4
§ 34-23-4. Certificate of possession taken by mortgagee.
Status: in_force

Whenever possession shall be taken in the presence of witnesses as provided in § 34-23-3, they shall give to the mortgagee, or other person taking possession under him or her, a certificate of the possession being taken; and the person delivering possession shall acknowledge the delivery have been voluntarily done before a justice of the peace or notary public in the town or city where the mortgaged estate lies, which certificate and acknowledgment shall be recorded in the records of land evidence in the town or city.
R.I. Gen. Laws § 34-5-2 — RI Code / Title 34 / Chapter 34-5 / Section 34-5-2
§ 34-5-2. Disclaimer of interest in estate.
Status: in_force

(a) Unless barred by the provisions of § 34-5-9, a beneficiary may disclaim any interest in property which, except for the execution and filing of a disclaimer in accordance with the provisions of this chapter, would pass to the beneficiary:

(1) By intestate succession, devise, legacy, bequest; as beneficiary of a testamentary trust or beneficiary of a testamentary gift to a nontestamentary trust; by succession in any manner described in this subdivision to a disclaimed interest; or in any other manner not specified above under a testamentary instrument or by operation of any statute or rule of law governing devolution or disposition of property upon or after a persons death.

(2) As donee, grantee, beneficiary of an inter vivos trust, beneficiary of an insurance or annuity contract, or as surviving joint tenant or tenant by the entirety, except that a surviving joint tenant or tenant by the entirety may not disclaim that portion of an interest in joint property or property held by the entirety which is allocable to amounts contributed by him or her to the interest in that property; under any deed, assignment, or other nontestamentary instrument of conveyance or transfer; by succession in any manner described in this subdivision to a disclaimed interest; or in any other manner not specified above under a nontestamentary instrument or by operation of any statute or rule of law.

(b) Disclaimer may be made as provided in § 34-5-3 by the duly appointed guardian or conservator of a beneficiary or by the legal representative of a deceased beneficiarys estate.
R.I. Gen. Laws § 34-36-31 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-31
§ 34-36-31. Repairs on insured loss.
Status: in_force

Unless otherwise provided in the declaration or bylaws, if the insurance proceeds are insufficient to reconstruct the building, damage to, or destruction of, the building shall be promptly repaired and restored by the manager or management committee, using proceeds of insurance, if any, on the building for that purpose, and the unit owners shall be liable for assessment for any deficiency. However, if three-fourths (Â¾) or more of the building is destroyed or substantially damaged and if the unit owners, by a vote of at least three-fourths (Â¾) of the unit owners, do not voluntarily, within one hundred (100) days after such destruction or damage, make provision for reconstruction, the manager or management committee shall record, with the county recorder, a notice setting forth those facts, and upon the recording of the notice:

(1) The property shall be deemed to be owned in common by the unit owners;

(2) The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by the owner in the common elements;

(3) Any liens affecting any of the units shall be deemed to be transferred in accordance with the existing priorities to the undivided interest of the unit owner in the property; and

(4) The property shall be subject to an action for partition at the suit of any unit owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the unit owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the unit owners, to the extent sufficient for the purposes, all liens on the undivided interest in the property owned by each unit owner.
R.I. Gen. Laws § 34-26-5 — RI Code / Title 34 / Chapter 34-26 / Section 34-26-5
§ 34-26-5. Liability of mortgagee for failure to discharge, release, or transfer mortgage.
Status: in_force

(a) If any mortgagee, his, her or its heirs, executors, administrators, agents, successors, or assigns, shall not, within ten (10) days after a request made in that behalf and a tender of all reasonable charges therefor, discharge the mortgage in one of the modes aforesaid, or otherwise make and execute a release and quitclaim of the estate so mortgaged, and acknowledge it before some proper officer, or transfer the mortgage if required under the provisions of § 34-26-4, he, she, or they so refusing shall be liable to make good all damages that shall accrue for want of the discharge, release, or transfer, to be recovered in a civil action; and in case judgment shall pass against the party sued, the mortgagee shall pay the plaintiff reasonable attorneys fees and triple costs upon the suit.

(b) In the event of noncompliance with the provisions of either this section and/or § 34-26-2, the mortgagee shall pay a penalty to the mortgagor for noncompliance in the amount of fifty dollars ($50.00) for a first day of noncompliance and five dollars ($5.00) for each day thereafter that the party remains in noncompliance. The mortgagor shall also be entitled to a reimbursement of reasonable attorneys fees, if applicable, for the costs incurred by the mortgagor and/or his, her or its attorneys in attempting to obtain a discharge to which the mortgage was lawfully entitled pursuant to the provisions of this section and/or § 34-26-2. Demand for penalties and, if applicable, attorneys fees and costs pursuant to this section may be made to the department of business regulation, in those instances in which the mortgagee is a regulated institution as defined in Title 19, and the department shall direct such regulated institutions to pay applicable penalties and reimburse effected mortgagors for attorneys fees and costs incurred, on confirmed instances of noncompliance. The department may promulgate rules and regulations governing the processing of such reimbursement. In those instances in which the mortgagee is not a regulated institution as defined in Title 19, the Department shall provide the mortgagor with the name, address and telephone number of the regulatory agency having jurisdiction over the actions of such mortgagees.

(c) As used herein, the term first day of noncompliance shall mean the first day following the last day for a mortgagee or similar party to discharge the mortgage.
R.I. Gen. Laws § 34-45-7 — RI Code / Title 34 / Chapter 34-45 / Section 34-45-7
§ 34-45-7. Opportunity to purchase.
Status: in_force

No owner shall:

(1) Sell, lease, or otherwise dispose of, or prepay any obligation secured by, a federally insured or assisted development in a manner which would result in either:

(i) A discontinuance of the use of the development as a federally insured or assisted housing development or a development that was federally insured or assisted within the preceding two year period, or

(ii) Cause the termination of any use restrictions which apply to the development, or

(2) Record a declaration of condominium, pursuant to chapter 36.1 of this title, with respect to all or any portion of a federally insured or assisted development, or

(3) Terminate any contract subject to the provisions of § 34-45-5 of this chapter unless he or she shall have first provided each of the persons and entities listed below an opportunity to purchase the development at a price and upon terms which represent a bona fide offer to sell, in compliance with the provisions of § 34-45-8. The persons and entities to whom such an opportunity to purchase shall be provided are:

(i) The tenant association of the development,

(ii) The corporation,

(iii) The housing authority of the city or town in which the development is located, and

(iv) The municipal government of the city or town in which the development is located.
R.I. Gen. Laws § 34-11-4 — RI Code / Title 34 / Chapter 34-11 / Section 34-11-4
§ 34-11-4. Delivery of conveyance sufficient to pass title.
Status: in_force

Any form of conveyance in writing, duly signed and delivered by the grantor, or the attorney of the grantor duly authorized, shall be operative to convey to the grantee all the possession, estate, title and interest, claim, demand or right of entry or action, of the grantor, absolutely in and to the land conveyed, unless otherwise expressly limited in estate, condition, use or trust, and if otherwise expressly limited, shall convey such property for the time or estate or on the condition, use or trust as declared, without any other act or ceremony; and if also duly acknowledged and recorded, shall be operative as against third parties.
R.I. Gen. Laws § 34-36-11 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-11
§ 34-36-11. Deeds  Contents.
Status: in_force

Deeds of units shall include the following particulars:

(1) A description of the land as provided in § 34-36-10, including the book and page or entry number and date of recording of the declaration.

(2) The unit number of the unit and any other data necessary for its proper identification.

(3) The percentage of undivided interest appertaining to the unit in the common areas and facilities.

(4) Any further particulars which the grantor and grantee may deem desirable to set forth consistent with the declaration and this chapter.
R.I. Gen. Laws § 34-49-5 — RI Code / Title 34 / Chapter 34-49 / Section 34-49-5
§ 34-49-5. Escrow of disputed amounts.
Status: in_force

(a) Except as otherwise provided in this section, whenever a claim for lien has been filed with the appropriate land evidence records, and an escrow account is established either from the proceeds from the transaction, conveyance, or any other source of funds in an amount computed as one hundred fifty percent (150%) of the amount of the claim for lien, then the lien against the real estate shall be extinguished and immediately become a lien on the funds contained in the escrow account. Upon creation of such escrow, the lien claimant shall be required to provide and record a release of lien against the real estate within five (5) business days. In the event that the lien claimant fails to provide or record a release of lien, then the escrowee is hereby authorized to either: (1) Execute and record a release of lien; or (2) Pay into the registry of the superior court in the county where the land is located an amount equal to one hundred fifty percent (150%) of the amount claimed in the notice of lien; or (3) In lieu of cash, deposit in the registry of the court the bond of a surety company licensed to do business in this state in the amount of one hundred fifty percent (150%) of the amount claimed in the notice of lien. On proper proof of payment or deposit and on motion of the owner or lessee or tenant, any justice of the superior court shall enter ex parte, an order discharging and releasing the notice of lien and dismissing the cause as to the owner or lessee or tenant and as to all persons having any title, claim, lease, mortgage, attachment, or other lien or encumbrance, and upon entry of the order, the property shall be as if no notice of lien was recorded. Provided, however, that with respect to the escrowed funds and/or surety bond, proceeds the real estate brokers lien attaches to such escrowed funds and/or surety bond proceeds whichever applies;

(b) The requirement to establish an escrow account or election to take measures described in subdivision (a)(2) or (a)(3) above, shall not be cause for any party to refuse to complete or close the transaction.
R.I. Gen. Laws § 34-17-2 — RI Code / Title 34 / Chapter 34-17 / Section 34-17-2
§ 34-17-2. Machinery and apparatus declared personal property.
Status: in_force

All other machinery, tools, and apparatus of every description, including all the articles specified in § 34-17-1 whenever they belong to some person other than the owner of the real estate to which they are attached, used, or employed in any manufacturing establishment, are declared to be personal estate, and as such shall be considered in attachments, and in all cases whatsoever; except that in the assessment of taxes such property shall be assessed as provided in chapter 4 of title 44.
R.I. Gen. Laws § 34-38-6 — RI Code / Title 34 / Chapter 34-38 / Section 34-38-6
§ 34-38-6. Requirements for offer or disposition.
Status: in_force

(a) No subdivision or lot, parcel, unit, or interest in any subdivision shall be disposed of except through a broker, provided nothing herein shall be deemed to prohibit any broker from employing any salesperson for the specific purpose of offering or disposing of, on behalf of the broker and under contract to him or her any lot, parcel, unit or interest in any subdivision. Prior to any advertising offering or disposition, pursuant to any license granted under this chapter, the name of the broker shall be placed on file with the department.

(b) A clearly identified copy of the prospectus, property report, or offering statement shall be given to each purchaser by the broker or salesperson prior to the execution of any contract for the disposition of any property. The broker or salesperson shall obtain from the purchaser a signed receipt for a copy of the prospectus, property report, or offering statement and, if a contract for disposition shall be entered into, the receipt shall be kept in the brokers files for a period of seven (7) years and shall be subject to inspection by the department.

(c) Any contract or agreement for the disposition of any subdivision or any lot, parcel, unit, or interest in any subdivision not exempt under the provision of § 34-38-2, where the prospectus, property report, or offering statement has not been given to the purchaser more than seventy-two (72) hours in advance of his or her signing the contract or agreement, may be revoked by the purchaser within seventy-two (72) hours after he or she signed the same or after receipt by him or her of the prospectus, property report, or offering statement, whichever is the later, and the contract or agreement shall so provide. Any revocation shall be in writing in a form prescribed by the department and shall be communicated to the broker or the seller within the time limited by this section and all money paid by the purchasers under the revoked contract or agreement shall be returned to him or her immediately by the broker, without any deductions.
R.I. Gen. Laws § 34-4-20 — RI Code / Title 34 / Chapter 34-4 / Section 34-4-20
§ 34-4-20. Possibilities of reverter and rights of entry exempt from limitation.
Status: in_force

Section 34-4-19 shall not apply to a possibility of reverter or right of entry for condition broken in:

(1) Lease for a term of years;

(2) Grant, gift or devise to the state;

(3) Grant, gift or devise for public, charitable, or religious purposes;

(4) Deed to a railroad or public utility corporation;

(5) Housing restriction as set forth in § 34-39.1-3.
R.I. Gen. Laws § 34-36-13 — RI Code / Title 34 / Chapter 34-36 / Section 34-36-13
§ 34-36-13. Survey map.
Status: in_force

(a) Simultaneously with the recording of the declaration there shall be recorded a standard size, original linen/mylar (21" X 31") record of survey map, as defined in § 34-36-3(15), with 6Â¼" X 1Â½" recording information block, which map shall be made by a registered land surveyor and shall set forth (1) a description of the surface of the land included within the project, including all angular and linear data along the exterior boundaries of the property; (2) the linear measurement and location, with reference to the exterior boundaries, of the building or buildings located on the property; (3) diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, including its identifying number or symbol, the official datum elevations of the finished or unfinished interior surfaces of the floors and ceilings and the linear measurements of the finished or unfinished interior surfaces of the perimeter walls, and the lateral extensions, of every unit in the building; and (4) a certificate consenting to the recordation of such record of survey map pursuant to this chapter, signed and acknowledged by the record owner of such property. Every unit shall be identified on the record of survey map by a distinguishing number or other symbol.

(b) In interpreting the record of survey map or any deed or other instrument affecting a building or unit, the boundaries of the building or unit constructed or reconstructed in substantial accordance with the record of survey map shall be conclusively presumed to be the actual boundaries rather than the description expressed in the record of survey map, regardless of the settling or lateral movement of the building and regardless of minor variance between boundaries shown on the record of survey map and those of the building or unit.
R.I. Gen. Laws § 34-12-9 — RI Code / Title 34 / Chapter 34-12 / Section 34-12-9
§ 34-12-9. Validation of prior acknowledgments before foreign notary public.
Status: in_force

Any acknowledgment taken or made prior to April 27, 1928, of or upon any instrument used in conveying, directly or indirectly, any interest in real estate in this state, including power of attorney, and any other instruments heretofore acknowledged prior to April 27, 1928, before any notary public in any foreign country or territory without the United States, which instrument appears of record to have been duly recorded in any of the records of land evidence in this state, and the acknowledgment therein appearing was taken before a notary public outside the United States, which notary public was duly commissioned in the foreign place where the acknowledgment was taken, to take the acknowledgment, and the acknowledgment is accredited, approved or affirmed, or the commission of the foreign notary public is attested or certified by any ambassador, minister, charge daffaires, consul general, vice-consul general, consul, vice consul, or consular agent of the United States, or any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the Army, Air Force, or Marine Corps, or with the rank of ensign or higher in the Navy or Coast Guard, or with equivalent rank in any other component of the armed forces of the United States including the Space Force, duly establishing the fact that the notary public was at the time of taking the acknowledgment duly authorized by the law, rules, or regulations of his or her particular country or territorial section thereof, in which the acknowledgment was taken, to duly administer oaths or take acknowledgments, then the acknowledgment and conveyance in connection with which the acknowledgment was taken shall, for the purpose of the acknowledgment and execution thereof, be deemed a valid acknowledgment, and shall have the same effect as if acknowledged before a notary public in this state.