reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-12 - Acknowledgments and Notarial Acts › Section 34-12-1. - Form of acknowledgment — Foreign acknowledgments.

§ 34-12-1. Form of acknowledgment — Foreign acknowledgments.
Acknowledgment of any instrument hereafter made need not be in any set form, but shall be made by all the parties executing the instrument and the certificate thereof shall express the ideas that the parties were each and all known to the magistrate taking the acknowledgment, and known by the magistrate to be the parties executing the instrument, and that they acknowledge the instrument to be their free act and deed; provided, however, that in case of any such instrument executed without this state, and within the limits of the United States or of any dependency thereof, if the instrument is acknowledged or proved in the manner prescribed by the law of the state, District of Columbia, territory or such dependency, where executed, it shall be deemed to be legally executed, and acknowledged and shall have the same effect as if executed and acknowledged in the mode above prescribed, including an acknowledgment by less than all parties if made in a jurisdiction the laws of which permit acknowledgments in that manner; provided, however, that instruments requiring acknowledgments by parties having opposing interests must be acknowledged by at least one party of each interest.
History of Section.
G.L. 1896, ch. 202, § 5; G.L. 1909, ch. 253, § 5; G.L. 1923, ch. 297, § 5; P.L. 1928, ch. 1221, § 1; G.L. 1938, ch. 435, § 4; G.L. 1956, § 34-12-1; P.L. 1982, ch. 233, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-12 - Acknowledgments and Notarial Acts › Section 34-12-2. - Officers authorized to take acknowledgments.

§ 34-12-2. Officers authorized to take acknowledgments.
Acknowledgment of any instrument required by any statute of this state to be acknowledged shall be made:
(1)
Within this state, before any state senator, any state representative, judge, justice of the peace, clerk or assistant clerk of the superior court, mayor, notary public, town clerk or recorder of deeds.
(2)
Without this state and within the limits of United States or any dependency thereof, before any judge or justice of a court of record or other court, justice of the peace, mayor or notary public, of the state, District of Columbia, territory or such dependency, in which such acknowledgment is made, or before any commissioner appointed by the governor of this state, or before any officer authorized by law to take acknowledgments of deeds in the place in which the acknowledgment is made.
(3)
Without the limits of the United States, before any of the following officers acting within his territorial jurisdiction or within that of the court of which he or she is an officer:
(i)
An ambassador, envoy, minister, chargé d’affaires, secretary of legation, consul-general, consul, vice-consul, consular agent, vice-consular agent, or any other diplomatic or consular agent or representative of the United States, appointed or accredited to, and residing within the country where the acknowledgment or proof is taken.
(ii)
A judge or other presiding officer of any court having a seal or the clerk or other certifying officer thereof.
(iii)
A mayor or other chief civil officer of any city or other political subdivision.
(iv)
A notary public.
(v)
A person residing in, or going to, the country where the acknowledgment or proof is to be taken, and specially authorized for that purpose by a commission issued to him or her under the seal of the superior court.
(vi)
Any person authorized, by the laws of the country where the acknowledgment or proof is made, to take acknowledgments of conveyances of real estate or to administer oaths in proof of the execution thereof.
History of Section.
G.L. 1896, ch. 202, § 8; G.L. 1909, ch. 253, § 8; G.L. 1923, ch. 297, § 8; P.L. 1928, ch. 1221, § 2; G.L. 1938, ch. 435, § 7; P.L. 1941, ch. 1010, § 1; G.L. 1956, § 34-12-2; P.L. 1959, ch. 112, § 1; P.L. 1963, ch. 142, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-12 - Acknowledgments and Notarial Acts › Section 34-12-3. - Acknowledgments in good faith before person claiming to be authorized — Penalty for misrepresentation.

§ 34-12-3. Acknowledgments in good faith before person claiming to be authorized — Penalty for misrepresentation.
Any acknowledgment made in good faith before a person claiming to be one of the foregoing officials authorized to take acknowledgments within the respective jurisdictions as above, shall be valid, although the official before whom the acknowledgment is made was not duly qualified in that office; but every person who shall, within this state, wilfully take and certify to the taking of any such acknowledgment, without being lawfully qualified thereunto, shall be liable in a criminal proceeding to a fine not exceeding fifty dollars ($50.00), one-half (½) to the use of the complainant and the other half thereto to the use of this state.
History of Section.
G.L. 1896, ch. 202, § 9; G.L. 1909, ch. 253, § 9; G.L. 1923, ch. 297, § 9; G.L. 1938, ch. 435, § 8; G.L. 1956, § 34-12-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-12 - Acknowledgments and Notarial Acts › Section 34-12-4. - Instruments executed by diplomatic officials outside United States.

§ 34-12-4. Instruments executed by diplomatic officials outside United States.
Every instrument requiring acknowledgment, executed without the limits of the United States, concerning lands lying within this state, in which instrument any ambassador, minister, charge d’affaires, consul general, vice-consul general, consul, vice-consul, consular agent, commercial agent, of the United States, or commissioner appointed by the governor of this state, shall be grantor, may be executed in the presence of two (2) witnesses; and when so executed, an official certificate under the hand and official seal of the grantor that such instrument is his act and deed shall be equivalent to an acknowledgment of such instrument in the manner required by law.
History of Section.
G.L. 1896, ch. 202, § 10; G.L. 1909, ch. 253, § 10; G.L. 1923, ch. 297, § 10; G.L. 1938, ch. 435, § 9; G.L. 1956, § 34-12-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-12 - Acknowledgments and Notarial Acts › Section 34-12-5. - Power of armed forces officers to take acknowledgments.

§ 34-12-5. Power of armed forces officers to take acknowledgments.
In addition to the acknowledgment of instruments and the performance of other notarial acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed, before or by 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 part of the armed forces of the United States, by any person without the limits of the United States, and to any person who is a member of the armed forces who is within or without the limits of the United States and their lawful dependents.
History of Section.
P.L. 1944, ch. 1391, § 1; G.L. 1956, § 34-12-5; P.L. 1963, ch. 79, § 1; P.L. 1967, ch. 221, § 1; P.L. 1968, ch. 260, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-12 - Acknowledgments and Notarial Acts › Section 34-12-6. - Effect of acknowledgment before armed forces officer.

§ 34-12-6. Effect of acknowledgment before armed forces officer.
An acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts, made or taken before an armed forces officer, are hereby declared legal, valid, and binding, and instruments and documents so acknowledged, authenticated, or sworn to shall be admissible in evidence and eligible to be recorded in this state under the same circumstances and with the same force and effect as if the acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other notarial act had been made or taken within this state before or by a duly qualified officer or official as otherwise provided by law.
History of Section.
P.L. 1944, ch. 1391, § 1; G.L. 1956, § 34-12-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-12 - Acknowledgments and Notarial Acts › Section 34-12-7. - Contents of certificate of armed forces officer.

§ 34-12-7. Contents of certificate of armed forces officer.
In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or documents, which shows the date of the notarial act and which states, in substance that the person appearing before the officer acknowledged the instrument as his or her act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment.
History of Section.
P.L. 1944, ch. 1391, § 1; G.L. 1956, § 34-12-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-12 - Acknowledgments and Notarial Acts › Section 34-12-8. - Proof of authority of armed forces officer.

§ 34-12-8. Proof of authority of armed forces officer.
If the signature, rank, and branch of service or subdivision thereof, of any such commissioned officer appear upon such instrument or document or certificate, no further proof of authority of the officer so to act shall be required and the action by the commissioned officer shall be prima facie evidence that the person making the oath or acknowledgment is within the purview of §§ 34-12-5 — 34-12-7.
History of Section.
P.L. 1944, ch. 1391, § 1; G.L. 1956, § 34-12-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-12 - Acknowledgments and Notarial Acts › Section 34-12-9. - Validation of prior acknowledgments before foreign notary public.

§ 34-12-9. Validation of prior acknowledgments before foreign notary public.
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, 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.
History of Section.
P.L. 1934, ch. 2132, § 1; G.L. 1938, ch. 437, § 1; G.L. 1956, § 34-12-9; P.L. 1967, ch. 212, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13 - Recording of Instruments › Section 34-13-2. - Recording as constructive notice.

§ 34-13-2. Recording as constructive notice.
A recording or filing under § 34-13-1 shall be constructive notice to all persons of the contents of instruments and other matters so recorded, so far as they are genuine.
History of Section.
G.L. 1896, ch. 202, § 7; G.L. 1909, ch. 253, § 7; G.L. 1923, ch. 297, § 7; G.L. 1938, ch. 435, § 6; G.L. 1956, § 34-13-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13 - Recording of Instruments › Section 34-13-3. - Affidavits as to acts under power of sale.

§ 34-13-3. Affidavits as to acts under power of sale.
Whenever any administrator, executor, guardian, receiver, sheriff, mortgagee or any person acting under a power of sale in any mortgage deed, deed of trust or other conveyance, sells or causes to be sold any real estate lying within this state, the title to which will in any manner depend upon notice of sale to be published in any newspaper, if the person or persons causing the sale to be made causes a copy of the advertisement, in pursuance of which the sale is made, to be attached to the deed given thereunder, together with his, her or their affidavit, or, if a corporation, the affidavit of its duly authorized officer, stating when, how many times and in what newspaper or newspapers the advertisement was published, and the manner, time and place of making the sale, the copy and affidavit shall be recorded with the deed to which they are attached, and the record thereof shall be prima facie evidence of the truth of the matters and things therein stated, but the omission of the copy and affidavit shall not affect the validity of the conveyance if otherwise valid.
History of Section.
G.L. 1896, ch. 202, § 15; G.L. 1909, ch. 253, § 15; G.L. 1923, ch. 297, § 15; G.L. 1938, ch. 435, § 14; G.L. 1956, § 34-13-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13 - Recording of Instruments › Section 34-13-4. - Entry of time of presentation for recording — Receiving book.

§ 34-13-4. Entry of time of presentation for recording — Receiving book.
Whenever any instrument entitled to be recorded shall be presented for recording, the town clerk or recorder of deeds, as the case may be, immediately upon its presentment, shall cause to be entered in writing on the instrument the day, the hour, and the minute when the instrument was presented for recording, and shall enter this information, in the order of presentment, in a receiving book to be kept for that purpose.
History of Section.
G.L. 1896, ch. 202, § 3; G.L. 1909, ch. 253, § 3; G.L. 1923, ch. 297, § 3; G.L. 1938, ch. 435, § 2; G.L. 1956, § 34-13-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13 - Recording of Instruments › Section 34-13-5. - Index of instruments recorded.

§ 34-13-5. Index of instruments recorded.
(a)
It shall be the duty of the clerk or recorder of deeds of each city and town within the state to make and keep a separate alphabetical general index of all deeds, mortgages, and other instruments recorded in the office of the city or town clerk or recorder of deeds, which indices shall refer to the book and page of the records wherein the deeds, mortgages, and other instruments are recorded. Mortgage discharges and assignments of mortgage shall be indexed under the names of all parties to the original mortgage instrument and all subsequent assignees of parties to the original instrument.
(b)
The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this section.
History of Section.
G.L., ch. 41, § 6; P.L. 1899, ch. 663, § 1; G.L. 1909, ch. 51, § 6; G.L. 1923, ch. 52, § 6; G.L. 1938, ch. 334, § 6; G.L. 1956, § 34-13-5; P.L. 1986, ch. 323, § 1; P.L. 1993, ch. 226, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13 - Recording of Instruments › Section 34-13-6. - Recording of certified copies.

§ 34-13-6. Recording of certified copies.
If any instrument has been recorded or filed by a city or town clerk, or recorder of deeds, in the manner prescribed by law, a copy thereof duly certified by the proper official may be recorded or filed in the office of any city or town clerk or recorder of deeds, wherein the original might properly have been recorded or filed, and, when so recorded or filed, shall have the same effect as a recording or filing of the original instrument.
History of Section.
G.L. 1923, ch. 297, § 25; P.L. 1933, ch. 2044, § 1; G.L. 1938, ch. 435, § 21; G.L. 1956, § 34-13-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13 - Recording of Instruments › Section 34-13-7. - General recording fees.

§ 34-13-7. General recording fees.
(a)
The fees to the recording officers for recording the following described instruments relating to real estate shall be as follows:
Warranty deed
$80.00
Quitclaim deed
80.00
Deed of executor, administrator,
trustee, conservator, receiver,
or commissioner
80.00
Mortgage
60.00
Partial release of mortgage
45.00
Assignment of mortgage
45.00
Foreclosure deed under power of sale
with affidavit
80.00
Lease
60.00
General assignment
45.00
Discharge of mortgage
45.00
Discharge of attachment or execution
45.00
Any other instrument not otherwise
expressly provided for by statute
45.00
Lien – Federal tax
7.25
Lien – Federal tax, discharge of
7.25
Maps, plats, surveys, drawings (not
attached to or a part of another
recordable instrument)
45.00
Bill of sale
45.00
Power of attorney
45.00
Lis pendens
80.00
Writ of attachment or execution affecting
title to real estate
10.00
Writ of attachment or lien affecting title to mobile
and manufactured homes
2.00
Notice of intention under the mechanics’ lien law
8.00
Account under mechanics’ lien law
10.00
(b)
The recording officers shall be allowed to charge a rate of one dollar ($1.00) for each additional page or fraction over.
(c)
Ten percent (10%) of the recording fees provided for in this section shall be utilized by each city or town for the purposes of document preservation and technological upgrades.
(d)
Notwithstanding the foregoing, the recording fee for lis pendens and/or bail property liens recorded by bailbondsmen and the recording fee to discharge lis pendens and/or bail property liens recorded by bailbondsmen shall be ten dollars ($10.00).
History of Section.
P.L. 1927, ch. 1056, § 18; G.L. 1938, ch. 436, § 17; P.L. 1955, ch. 3568, § 1; G.L. 1956, § 34-13-7; P.L. 1960, ch. 147, § 3; P.L. 1970, ch. 205, § 1; P.L. 1972, ch. 63, § 1; P.L. 1985, ch. 86, § 1; P.L. 1986, ch. 325, § 1; P.L. 1987, ch. 33, § 1; P.L. 1989, ch. 209, § 1; P.L. 2003, ch. 376, art. 7, § 10; P.L. 2004, ch. 448, § 1; P.L. 2009, ch. 137, § 1; P.L. 2009, ch. 143, § 1; P.L. 2010, ch. 90, § 1; P.L. 2010, ch. 112, § 1; P.L. 2012, ch. 374, § 1; P.L. 2012, ch. 396, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13 - Recording of Instruments › Section 34-13-8. - Repealed.

§ 34-13-8. Repealed.
History of Section.
P.L. 1927, ch. 1056, § 19; G.L. 1938, ch. 436, § 18; P.L. 1955, ch. 3568, § 1; G.L. 1956, § 34-13-8; P.L. 1970, ch. 205, § 1; P.L. 1986, ch. 79, § 1; P.L. 1986, ch. 331, § 3; P.L. 1989, ch. 209, § 1; Repealed by P.L. 2012, ch. 374, § 2; P.L. 2012, ch. 396, § 2, effective June 21, 2012.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13 - Recording of Instruments › Section 34-13-9. - Fees for copies of record.

§ 34-13-9. Fees for copies of record.
Recording officers shall charge one dollar and fifty cents ($1.50) per page and three dollars ($3.00) for certifying of the record of any instrument described in this chapter.
History of Section.
P.L. 1927, ch. 1056, § 20; G.L. 1938, ch. 436, § 19; G.L. 1956, § 34-13-9; P.L. 1970, ch. 205, § 1; P.L. 1971, ch. 174, § 1; P.L. 1985, ch. 86, § 1; P.L. 1989, ch. 209, § 1; P.L. 1990, ch. 156, § 1; P.L. 1990, ch. 323, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13 - Recording of Instruments › Section 34-13-10. - Return of recorded documents.

§ 34-13-10. Return of recorded documents.
Any instrument presented for recording in the records of land evidence, which original is intended to be returned to the person recording or to an address previously indicated, shall be forwarded within one hundred eighty (180) days of the date the instrument was actually recorded.
History of Section.
P.L. 1985, ch. 290, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13 - Recording of Instruments › Section 34-13-11. - Change in name or status of owner of real estate.

§ 34-13-11. Change in name or status of owner of real estate.
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.
History of Section.
P.L. 1999, ch. 417, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13 - Recording of Instruments › Section 34-13-12. - Conveyance of property acquired prior to change of name.

§ 34-13-12. Conveyance of property acquired prior to change of name.
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.
History of Section.
P.L. 1999, ch. 417, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.1 - Marketable Record Title › Section 34-13.1-1. - Marketable record title — Definitions.

§ 34-13.1-1. Marketable record title — Definitions.
As used in this chapter:
(a)
“Marketable record title” means a title of record which operates to extinguish such interest and claims, existing prior to the effective date of the root of title as are stated in § 34-13.1-4.
(b)
“Person dealing with land” includes a purchaser of any estate or interest therein, a mortgagee, an attaching or judgment creditor, or any other person seeking to acquire an estate or interest therein, or impose a lien thereon;
(c)
“Recorded” means recorded as provided by chapter 13 of this title;
(d)
“Records” means the Land Evidence Records of the town or city where the particular land is located;
(e)
“Root of title” means that conveyance or other title transaction in the chain of title of a person, purporting to create or containing language sufficient to transfer the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty (40) years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it is recorded;
(f)
“Title transaction” means any transaction affecting title to any interest in land, including, but not limited to, title by will or descent, title by tax deed, by public sale, by trustee’s, referee’s, guardian’s, executor’s, administrator’s, conservator’s, Tax collector’s, sheriff’s, commissioner’s, constable’s warranty or quitclaim deed, by mortgagee’s deed or by decree of any court.
History of Section.
P.L. 1995, ch. 241, § 1; P.L. 1995, ch. 299, § 1; P.L. 2011, ch. 363, § 14.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.1 - Marketable Record Title › Section 34-13.1-2. - Chain of title for not less than forty years creates marketable record title.

§ 34-13.1-2. Chain of title for not less than forty years creates marketable record title.
Any person having legal capacity to own land in this state, who has an unbroken chain of title to any interest in land for forty (40) years or more, shall be deemed to have a marketable record title to that interest, subject only to the matters stated in § 34-13.1-3. A person has such an unbroken chain of title when the land records of the town in which the land is located disclose a conveyance or other title transaction, of record not less than forty (40) years at the time the marketability is to be determined, which conveyance or other title transaction purports to create such interest in land, or which contains language sufficient to transfer the interest, either in the person claiming that interest, or some other person from whom, by one or more conveyances or other title transactions of record, the purported interest has become vested in the person claiming the interest; with nothing appearing of record, in either case, purporting to divest the claimant of the purported interest.
History of Section.
P.L. 1995, ch. 241, § 1; P.L. 1995, ch. 299, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.1 - Marketable Record Title › Section 34-13.1-3. - Interest to which title is subject.

§ 34-13.1-3. Interest to which title is subject.
Such marketable record title is subject to: (1) All interest and defects which are created by or arise out of the muniments of which the chain of record title is formed; provided a general reference in the muniments, or any of them, to easements, use restriction, encumbrances or other interests created prior to the root of title are not sufficient to preserve them, unless specific identification is made therein of a recorded title transaction which creates the easement, use restriction, encumbrance or other interest; (2) all interests preserved by the recording of proper notice or by possession by the same owner continuously for a period of forty (40) years or more, in accordance with § 34-13.1-5; (3) the rights of any person arising from a period of adverse possession or use, which was in whole or in part subsequent to the effective date of the root of title; (4) any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record started; provided such recording shall not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of § 34-13.1-4; (5) the exceptions stated in § 34-13.1-7 as to rights of reversioners in leases, as to apparent easements and interests in the nature of easements, and as to interests of the United States, this state and political subdivisions thereof, public service companies and natural gas companies; and (6) the rights or interests arising out of any conservation or preservation restriction and or easement, created either: (i) if executed and recorded subsequent to the effective date of chapter 39 of this title entitled “Conservation and Preservation Restrictions on Real Property”, any conservation or preservation easement or restriction granted or reserved in accordance with and pursuant to the terms and provisions thereof; or (ii) if executed and recorded prior to the effective date of chapter 39 of this title, a conservation and/or preservation easement or restriction granted or reserved for the same, or substantially the same, stated purposes as those set forth in § 34-39-2, although executed and recorded prior thereto, and which is held by an entity duly recognized in chapter 39 of this title to hold such restrictions and/or easements.
History of Section.
P.L. 1995, ch. 241, § 1; P.L. 1995, ch. 299, § 1; P.L. 1998, ch. 330, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.1 - Marketable Record Title › Section 34-13.1-4. - Prior interest void.

§ 34-13.1-4. Prior interest void.
Subject to the matters stated in § 34-13.1-3 such marketable record title shall be held by its owner and such shall be taken by any person dealing with the land free and clear of all interests, claims or charges whatsoever, the existence of which depends upon any act, transaction, event or omission that occurred prior to the effective date of the root title. All such interests, claims or charges, however, denominated, whether legal or equitable, present or future, whether those interests, claims or charges are asserted by a person sui juris or under a disability, whether that a person is within or without the state, whether that person is natural or corporate is private or governmental, are hereby declared to be null and void.
History of Section.
P.L. 1995, ch. 241, § 1; P.L. 1995, ch. 299, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.1 - Marketable Record Title › Section 34-13.1-5. - Notice of claim filed within forty (40) year period.

§ 34-13.1-5. Notice of claim filed within forty (40) year period.
(a)
Any person claiming an interest of any kind in land may preserve and keep effective that interest by recording, during the forty (40) year period immediately following the effective date of the root title of the person whose record title would otherwise be marketable, a notice in writing, duly verified by oath, setting forth the nature of the claim. No disability or lack of knowledge of any kind on the part of anyone suspends the running of the forty (40) year period. Such notice may be recorded by the claimant or by any other person acting on behalf of any claimant who is: (1) Under a disability (2) unable to assert a claim on his or her own behalf or (3) one of a class, but whose identity cannot be established or is uncertain at the time of filing such notice of claim record.
(b)
If the same record owner of any possessory interest in land has been in possession of that land continuously for a period of forty (40) years or more, during which period no title transaction with respect to the interest appears of record in his or her chain of title and no notice has been recorded by him or her on his or her behalf as provided in subsection (a) of this section, and the possession continues to the time when marketability is being determined, that period of possession shall be deemed equivalent to the recording of the notice immediately preceding the termination of the forty (40) year period described in subsection (a) of this section.
History of Section.
P.L. 1995, ch. 241, § 1; P.L. 1995, ch. 299, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.1 - Marketable Record Title › Section 34-13.1-6. - Contents of notice — Recording — Indexing.

§ 34-13.1-6. Contents of notice — Recording — Indexing.
(a)
To be effective and to be entitled to recordation, the notice referred to in § 34-13.1-5 shall contain an accurate and full description of all land affected by the notice, which description shall be set forth in particular terms and not by general inclusions; but, if the claim asserted under § 34-13.1-5 is founded upon a recorded instrument, the description in the notice may be the same as that contained in the recorded instrument. In addition, each notice shall clearly state the then owner or owners of record of the property involved.
(b)
Each notice shall be recorded in the land records of the town where the land described there is located. The notice shall be indexed in the grantors’ index under the name or names of the owners of record as listed in the notice and in the grantees’ index under the name of the claimant appearing in the notice.
History of Section.
P.L. 1995, ch. 241, § 1; P.L. 1995, ch. 299, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.1 - Marketable Record Title › Section 34-13.1-7. - Excepted interests.

§ 34-13.1-7. Excepted interests.
This chapter shall not be applied to bar any lessor or is or her successor as a reversioner of his or her right to possession on the expiration of any lease or to bar or extinguish any easement or interest in the nature of an easement, or any rights granted, excepted or reserved by the instrument creating such easement or interest, including any right for future use, if the existence of such easement or interest is evidenced by the location beneath, upon or above any part of the land described in such instrument of any pipe, valve, road, wire, cable, conduit, duct, sewer, track, hole, tower or other physical facility and whether or not the existence of such facility is observable, or to bar, extinguish or otherwise affect any interest of the United States, of this state or any political subdivision thereof, of any public utility company as defined in § 39-1-2.
History of Section.
P.L. 1995, ch. 241, § 1; ch. 299, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.1 - Marketable Record Title › Section 34-13.1-8. - Other statutes not affected.

§ 34-13.1-8. Other statutes not affected.
Nothing contained in this chapter shall be construed to extend the period for bringing an action or for doing any other required act under any statute of limitation, nor, except as herein specifically provided, to affect the operation of any statute governing the effect of the recording or the failure to record any instrument affecting land.
History of Section.
P.L. 1995, ch. 241, § 1; P.L. 1995, ch. 299, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.1 - Marketable Record Title › Section 34-13.1-9. - Notice not to be recorded to slander title damages.

§ 34-13.1-9. Notice not to be recorded to slander title damages.
No person may use the privilege of recording notices under §§ 34-13.1-5 and 34-13.1-6 for the purpose of slandering the title to land. In any action brought for the purpose of quieting title to land, if the court finds that any person has recorded a claim for that purpose only, the court shall award the plaintiff all the costs of the action, including such attorneys’ fees as the court may allow to the plaintiff, and in addition, shall decree that the defendant asserting the claim shall pay to the plaintiff all damages the plaintiff may have sustained as the result of such notice of claim having been so recorded.
History of Section.
P.L. 1995, ch. 241, § 1; P.L. 1995, ch. 299, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.1 - Marketable Record Title › Section 34-13.1-10. - Construction.

§ 34-13.1-10. Construction.
This chapter shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in § 34-13.1-2 subject only to such limitations as appear in § 34-13.1-3.
History of Section.
P.L. 1995, ch. 241, § 1; P.L. 1995, ch. 299, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.1 - Marketable Record Title › Section 34-13.1-11. - Forty year period extended to all for recording of notice.

§ 34-13.1-11. Forty year period extended to all for recording of notice.
If the forty (40) year period specified in this chapter has expired, or would expire, prior to two (2) years after the effective date of this statute, such period shall be extended two (2) years after the effective date of this statute to allow for the recording of notice pursuant to this chapter.
History of Section.
P.L. 1995, ch. 241, § 1; P.L. 1995, ch. 299, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.2 - Uniform Real Property Electronic Recording Act › Section 34-13.2-1. - Short title.

§ 34-13.2-1. Short title.
This chapter shall be known and may be cited as the “Uniform Real Property Electronic Recording Act.”
History of Section.
P.L. 2018, ch. 101, § 1; P.L. 2018, ch. 113, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.2 - Uniform Real Property Electronic Recording Act › Section 34-13.2-2. - Definitions.

§ 34-13.2-2. Definitions.
As used in this chapter:
(1)
“Document” means information that is:
(i)
Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(ii)
Eligible to be recorded in the land records maintained by the recorder of deeds.
(2)
“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3)
“Electronic document” means a document that is received by the recorder of deeds in an electronic form.
(4)
“Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(5)
“Jurisdiction” means any municipality, city, or town incorporated in the state of Rhode Island.
(6)
“Person” means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7)
“Recorder of deeds” means the officer who has authority under state law to accept documents for recording in the land records office. This could include such officers as the “registrar”, “clerk”, and/or the “recorder”.
(8)
“State” means the state of Rhode Island.
History of Section.
P.L. 2018, ch. 101, § 1; P.L. 2018, ch. 113, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.2 - Uniform Real Property Electronic Recording Act › Section 34-13.2-3. - Validity of electronic documents.

§ 34-13.2-3. Validity of electronic documents.
(a)
If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter.
(b)
If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(c)
A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
History of Section.
P.L. 2018, ch. 101, § 1; P.L. 2018, ch. 113, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.2 - Uniform Real Property Electronic Recording Act › Section 34-13.2-4. - Recording of documents.

§ 34-13.2-4. Recording of documents.
(a)
In this section, “paper document” means a document that is received by the recorder of deeds in a form that is not electronic.
(b)
A recorder of deeds:
(1)
Who implements any of the functions listed in this section shall do so in compliance with the most recent standards and best practices.
(2)
May receive, index, store, archive, and transmit electronic documents.
(3)
May provide for access to, and for search and retrieval of, documents and information by electronic means.
(4)
Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.
(5)
May convert paper documents accepted for recording into electronic form.
(6)
May convert into electronic form information recorded before the recorder of deeds began to record electronic documents.
(7)
May accept electronically any fee or tax that the recorder of deeds is authorized to collect pursuant to § 34-13-7.
(8)
May agree with other officials of other cities or towns within the state on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.
History of Section.
P.L. 2018, ch. 101, § 1; P.L. 2018, ch. 113, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.2 - Uniform Real Property Electronic Recording Act › Section 34-13.2-5. - Administration and standards.

§ 34-13.2-5. Administration and standards.
To keep the standards and practices of recorder of deeds in this state in harmony with other jurisdictions in this state, the recorder of deeds, so far as is consistent with the purposes, policies, and provisions of this chapter, in adopting, amending, and repealing standards, shall consider the following:
(1)
Standards and practices of other jurisdictions;
(2)
Best practices that are accepted or prescribed as being correct or most effective;
(3)
The views of interested persons and governmental officials and entities;
(4)
The needs of municipalities of varying size, population, and resources; and
(5)
Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
History of Section.
P.L. 2018, ch. 101, § 1; P.L. 2018, ch. 113, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-13.2 - Uniform Real Property Electronic Recording Act › Section 34-13.2-6. - Relation to electronic signatures in global and national commerce act.

§ 34-13.2-6. Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in § 103(b) of that chapter (15 U.S.C. § 7003(b)).
History of Section.
P.L. 2018, ch. 101, § 1; P.L. 2018, ch. 113, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-14 - Waste and Estrepement › Section 34-14-1. - Liability of tenant for life or years to reversioner or remainderman.

§ 34-14-1. Liability of tenant for life or years to reversioner or remainderman.
Every person seised of any real estate for the term of his or her own life, or for the life or lives of any other person or persons, or as a tenant for years, who commits or suffers any waste on such estate, shall forfeit his or her estate in the place so wasted and double the amount of the waste so done or suffered, to be recovered in an action of waste by the person entitled to the next estate in remainder or reversion in the place so wasted.
History of Section.
G.L. 1896, ch. 268, § 1; G.L. 1909, ch. 333, § 1; G.L. 1923, ch. 384, § 1; G.L. 1938, ch. 587, § 1; G.L. 1956, § 34-14-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-14 - Waste and Estrepement › Section 34-14-2. - Liability of co-tenant.

§ 34-14-2. Liability of co-tenant.
Every joint tenant, tenant in common, or co-parcener who commits any waste on any estate he or she holds in joint tenancy, tenancy in common, or co-parcenary, without the consent of the other joint tenants, tenants in common, or co-parceners, shall forfeit double the amount of the waste so done, to be recovered by the other joint tenants, tenants in common, or co-parceners, to their own use.
History of Section.
G.L. 1896, ch. 268, § 2; G.L. 1909, ch. 333, § 2; G.L. 1923, ch. 384, § 2; G.L. 1938, ch. 587, § 2; G.L. 1956, § 34-14-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-14 - Waste and Estrepement › Section 34-14-3. - Action in name of co-tenants.

§ 34-14-3. Action in name of co-tenants.
In a case of waste as described in § 34-14-2, any one or more of the other joint tenants, tenants in common, or co-parceners, may commence an action for waste in the name of all the joint tenants, tenants in common, or co-parceners.
History of Section.
G.L. 1896, ch. 268, § 3; G.L. 1909, ch. 333, § 3; G.L. 1923, ch. 384, § 3; G.L. 1938, ch. 587, § 3; G.L. 1958, § 34-14-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-14 - Waste and Estrepement › Section 34-14-4. - Failure of person joined as plaintiff to appear.

§ 34-14-4. Failure of person joined as plaintiff to appear.
If any person named as plaintiff without his or her consent neglects to appear, after being duly notified in such manner as the court shall direct, his or her name shall be stricken from the writ and pleadings, and the other persons named as plaintiffs may prosecute the action to final judgment and execution in their own names and for their own use.
History of Section.
G.L. 1896, ch. 268, § 4; G.L. 1909, ch. 333, § 4; G.L. 1923, ch. 384, § 4; G.L. 1938, ch. 587, § 4; G.L. 1956, § 34-14-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-14 - Waste and Estrepement › Section 34-14-5. - Issuance of writ of estrepement.

§ 34-14-5. Issuance of writ of estrepement.
The superior court for any county, on the application of the plaintiff, in an action for ejectment, partition, or waste, may issue a writ of estrepement, under the provisions following, directed to the division of sheriffs, requiring the deputy sheriff to stay all the waste on the estate that shall be described in the writ of estrepement.
History of Section.
G.L. 1896, ch. 268, § 5; C.P.A. 1905, § 1222; G.L. 1909, ch. 333, § 5; G.L. 1923, ch. 384, § 5; G.L. 1938, ch. 587, § 5; G.L. 1956, § 34-14-5; P.L. 2012, ch. 324, § 64.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-14 - Waste and Estrepement › Section 34-14-6. - Power of sheriff to stay waste.

§ 34-14-6. Power of sheriff to stay waste.
The members of the division of sheriffs, charged with the service of a writ of estrepement, shall have power to stay all waste, as shall be directed in the writ, and to take such aid as shall be necessary for that purpose.
History of Section.
G.L. 1896, ch. 268, § 6; G.L. 1909, ch. 333, § 6; G.L. 1923, ch. 384, § 6; G.L. 1938, ch. 587, § 6; P.L. 1939, ch. 659, § 2; G.L. 1956, § 34-14-6; P.L. 2012, ch. 324, § 64.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-14 - Waste and Estrepement › Section 34-14-7. - Notice and hearing on estrepement.

§ 34-14-7. Notice and hearing on estrepement.
Upon the application of any person for a writ of estrepement, the court, before issuing the writ, shall cause the person whose interests may be affected thereby, to be notified of the pendency of the application, in such manner as the court shall deem proper, to the end that the person so to be affected by, as well as the person applying for the writ, may be heard in the premises. Upon the hearing, the court may, in its discretion, issue or refuse to issue the writ, in the same manner as courts grant or refuse to grant injunctions in like cases.
History of Section.
G.L. 1896, ch. 268, § 7; G.L. 1909, ch. 333, § 7; G.L. 1923, ch. 384, § 7; G.L. 1938, ch. 587, § 7; G.L. 1956, § 34-14-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-14 - Waste and Estrepement › Section 34-14-8. - Estrepement bond.

§ 34-14-8. Estrepement bond.
The court may, on the hearing, and before the issuing of the writ, require of the party applying for the writ a bond, with sufficient surety, in such sum as the court shall prescribe, to make good to the party whose interest may be affected by the writ all loss and damage which he or she may suffer by reason of the issuing of the writ, if the court, in its discretion, judges that the circumstances of the case or the rights of the parties require a bond to be given.
History of Section.
G.L. 1896, ch. 268, § 8; G.L. 1909, ch. 333, § 8; G.L. 1923, ch. 384, § 8; G.L. 1938, ch. 587, § 8; G.L. 1956, § 34-14-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-14 - Waste and Estrepement › Section 34-14-9. - Return date of writ.

§ 34-14-9. Return date of writ.
A writ of estrepement shall be made returnable at such time as the court shall direct.
History of Section.
G.L. 1896, ch. 268, § 9; G.L. 1909, ch. 333, § 9; G.L. 1923, ch. 384, § 9; G.L. 1938, ch. 587, § 9; G.L. 1956, § 34-14-9.