reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-5 - Disclaimer of Certain Property Interests › Section 34-5-5. - Time for filing disclaimer.

§ 34-5-5. Time for filing disclaimer.
(a)
A disclaimer shall be executed and filed pursuant to the provisions of this chapter at any time after the creation of the interest in property being disclaimed, but in any event:
(1)
If a present interest, not later than nine (9) months:
(i)
After the death of the deceased owner in the case of a testamentary disposition, or
(ii)
After the effective date of the instrument creating the interest in the case of a nontestamentary disposition, or
(2)
If a future interest, not later than nine (9) months after the event determining that the taker of the interest is in possession of it, or
(3)
In the case of a beneficiary who is a surviving joint tenant or tenant by the entirety, not later than nine (9) months after the death of the other joint tenant, tenants, or tenant by the entirety, or
(4)
Notwithstanding the foregoing provisions, in the case of a beneficiary under the age of twenty-one (21) at the creation of the interest, not later than nine (9) months after his or her attainment of that age; provided, that any court having jurisdiction of the property, an interest in which is being disclaimed, may, upon petition filed by the beneficiary, the duly appointed guardian or conservator of a beneficiary, or the legal representative of a deceased beneficiary’s estate, permit an extension of time to execute and file a disclaimer, for any further period of time as the court in its discretion deems advisable.
(b)
The effective date of a revocable instrument is the date on which the grantor no longer has the power to revoke it or to transfer to himself or herself or another the entire legal and equitable ownership of the interest.
History of Section.
P.L. 1980, ch. 392, § 2; P.L. 1984, ch. 81, § 8; P.L. 1996, ch. 395, § 1; P.L. 2011, ch. 363, § 13.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-5 - Disclaimer of Certain Property Interests › Section 34-5-6. - Filing and service of disclaimer.

§ 34-5-6. Filing and service of disclaimer.
(a)
The original of the disclaimer or an attested copy of the disclaimer, if filing is required to be made with more than one office, shall be filed:
(1)
In the case of personal property, in the office of the clerk of probate court that had jurisdiction of the estate of the decedent at the time of his or her death, if the interest was created by will, or if the interest was created by an inter vivos instrument in the office of the clerk of the superior court for the county of which the donor or grantor was a resident at the time of the creation of the grant or trust or if the donor or grantor was not a resident of Rhode Island in the office of the clerk of the Superior Court for Providence County.
(2)
In the case of real estate, in the office of the person having charge of the recording of deeds in the city or town in which the real estate is situated; and if probate proceedings have been commenced in the estate of the decedent prior to the filing, this disclaimer shall also be filed in the office of the clerk of the probate court in which these proceedings are instituted.
(b)
A copy of the disclaimer shall be served by delivering in hand or by mailing by certified mail to the last known address of the person or persons or other legal entity or entities having legal title to or possession of the property, an interest in which is being disclaimed. Failure to comply with these requirements of service shall not affect the validity of the disclaimer.
History of Section.
P.L. 1980, ch. 392, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-5 - Disclaimer of Certain Property Interests › Section 34-5-7. - Reliance on disclaimer.

§ 34-5-7. Reliance on disclaimer.
(a)
No person or other legal entity having legal title to or possession of the property, an interest in which is being or has been disclaimed, shall be liable for any distribution or other disposition made prior to the delivery to him, her, or it of a copy of the disclaimer, pursuant to the requirements of § 34-5-6; and no person or other legal entity shall be liable for any good faith distribution or other disposition made in reliance upon a disclaimer, the form of which is in accordance with the requirements of § 34-5-4; and a copy of which has been delivered to him, her, or it pursuant to the requirements of § 34-5-6.
(b)
If a disclaimer certifies, with particularity, that none of the contingencies specified in § 34-5-9, which would result in waiver or bar of the beneficiary’s right to disclaim, are applicable, any person or other legal entity having legal title to or possession of the property, and any third party purchaser of the property, an interest in which is being or has been disclaimed, shall be entitled to rely without further inquiry upon the certifications.
History of Section.
P.L. 1980, ch. 392, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-5 - Disclaimer of Certain Property Interests › Section 34-5-8. - Disposition of disclaimed interest.

§ 34-5-8. Disposition of disclaimed interest.
(a)
A disclaimer complying with all the applicable requirements of this chapter shall be effective according to its terms, and shall be irrevocable, upon execution in accordance with the provisions of § 34-5-4, and filing in accordance with the provisions of § 34-5-6.
(b)
Unless the will or inter vivos instrument creating the interest in property so disclaimed provides for another disposition of the interest, the interest shall pass in the same manner as if the disclaimant had died immediately preceding the event determining that he, she, or it is the beneficiary of the interest. If a disclaimer relates to an interest disposed of by a particular provision of the will or inter vivos instrument, then the interest so disclaimed shall pass in the same manner as if the disclaimant had died immediately preceding the event determining that he, she, or it is the beneficiary of that interest, but only for the purposes of that provision and the interest may pass to or for the benefit of the disclaimant under other provisions of the will or inter vivos instrument. A future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest shall take effect in the same manner as it would have if the disclaimant had died immediately preceding the event determining that he, she, or it is the beneficiary of the disclaimed interest. The disclaimer shall relate back for all purposes to that date.
(c)
The interest in property being disclaimed shall never vest in the beneficiary.
History of Section.
P.L. 1980, ch. 392, § 2; P.L. 1988, ch. 259, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-5 - Disclaimer of Certain Property Interests › Section 34-5-9. - Waiver or bar to right to disclaim.

§ 34-5-9. Waiver or bar to right to disclaim.
(a)
The right to disclaim an interest in property shall be barred by:
(1)
Assignment, conveyance, encumbrance, pledge, transfer or other disposition of the interest, or any contract therefor, by the beneficiary;
(2)
Sale or other disposition of the interest pursuant to judicial process made before the beneficiary has disclaimed the interest as provided in this chapter;
(3)
A written waiver of the right to disclaim this interest pursuant to the provisions of this chapter, signed by the beneficiary, the duly appointed guardian or conservator of a beneficiary, or the legal representative of a deceased beneficiary’s estate.
(4)
Acceptance of the interest by the beneficiary; if the beneficiary, having knowledge of the existence of the interest, receives without objection a benefit from that interest, such receipt shall be deemed to constitute acceptance of the interest.
(b)
The assignment, conveyance, encumbrance, pledge, transfer or other disposition or any contract therefor, sale or other disposition pursuant to judicial process, written waiver of the right to disclaim, or acceptance of a part of an interest in property shall not bar the right to disclaim any other part of the interest.
History of Section.
P.L. 1980, ch. 392, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-5 - Disclaimer of Certain Property Interests › Section 34-5-10. - Spendthrift provisions.

§ 34-5-10. Spendthrift provisions.
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.
History of Section.
P.L. 1980, ch. 392, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-5 - Disclaimer of Certain Property Interests › Section 34-5-11. - Effect on other laws.

§ 34-5-11. Effect on other laws.
Except for the provisions of § 34-5-9, this chapter shall not abridge the right of any person to disclaim, waive, release, renounce, or abandon any interest in property under any other statute or rule of law.
History of Section.
P.L. 1980, ch. 392, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-6 - Release of Money Charges › Section 34-6-1. - Sale of real estate free of charges — Provisions for payment of sums charged.

§ 34-6-1. Sale of real estate free of charges — Provisions for payment of sums charged.
When real estate is charged with the payment of money, either in fixed sums or in annuities for a life or lives or for years, the superior court may, upon the petition of the persons holding title thereto subject to the charge of such payment, and after notice and hearing, authorize them to sell and to convey by private sale or public auction the whole or any portion of the real estate in fee simple and free from the charge whether present or future, certain or contingent; and the court shall in that case provide by its decree for the payment of the sums charged upon the real estate (1) by placing the whole or any portion of the proceeds of the sale thereof in the hands of a trustee to be appointed by it, (2) by the purchase of annuities for the persons entitled to receive the sums so charged, or (3) by any other means which shall be deemed just and reasonable. The trustee shall give bond in such sum as the court may order and shall, under the direction of the court, manage and account for the trust fund and shall distribute the income thereof according to its decree. In case of appointment of a trustee, the court shall have power to remove him and appoint another in his stead, and to fill a vacancy in the trusteeship, whenever occasion may require.
History of Section.
G.L. 1896, ch. 201, § 21; C.P.A. 1905, §§ 1220, 1229; G.L. 1909, ch. 252, § 21; G.L. 1923, ch. 296, § 21; G.L. 1938, ch. 440, § 1; G.L. 1956, § 34-6-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-7 - By Possession and Prescription › Section 34-7-1. - Conclusive title by peaceful possession under claim of title.

§ 34-7-1. Conclusive title by peaceful possession under claim of title.
Where any person or persons, or others from whom he, she, or they derive their title, either by themselves, tenants or lessees, shall have been for the space of ten (10) years in the uninterrupted, quiet, peaceful and actual seisin and possession of any lands, tenements or hereditaments for and during that time, claiming the same as his, her or their proper, sole and rightful estate in fee simple, the actual seisin and possession shall be allowed to give and make a good and rightful title to the person or persons, their heirs and assigns forever; and any plaintiff suing for the recovery of any such lands may rely upon the possession as conclusive title thereto, and this chapter being pleaded in bar to any action that shall be brought for the lands, tenements or hereditaments, and the actual seisin and possession being duly proved, shall be allowed to be good, valid and effectual in law for barring the action.
History of Section.
G.L. 1896, ch. 205, § 2; G.L. 1909, ch. 256, § 2; P.L. 1912, ch. 798, § 1; G.L. 1923, ch. 300, § 2; G.L. 1938, ch. 438, § 2; G.L. 1956, § 34-7-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-7 - By Possession and Prescription › Section 34-7-2. - Absentees and persons under disability — Reversioners and remaindermen.

§ 34-7-2. Absentees and persons under disability — Reversioners and remaindermen.
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.
History of Section.
G.L. 1896, ch. 205, § 3; G.L. 1909, ch. 256, § 3; G.L. 1923, ch. 300, § 3; G.L. 1938, ch. 438, § 3; G.L. 1956, § 34-7-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-7 - By Possession and Prescription › Section 34-7-3. - Easement of light and air denied.

§ 34-7-3. Easement of light and air denied.
Whoever has erected or may erect any house or other building near the land of another person, with windows overlooking the land, shall not, by mere continuance of the windows, acquire any easement of light or air so as to prevent the erection of any building thereon.
History of Section.
G.L. 1896, ch. 205, § 4; G.L. 1909, ch. 256, § 4; G.L. 1923, ch. 300, § 4; G.L. 1938, ch. 438, § 4; G.L. 1956, § 34-7-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-7 - By Possession and Prescription › Section 34-7-4. - Right of footway denied.

§ 34-7-4. Right of footway denied.
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.
History of Section.
G.L. 1896, ch. 205, § 5; G.L. 1909, ch. 256, § 5; G.L. 1923, ch. 300, § 5; G.L. 1938, ch. 438, § 5; G.L. 1956, § 34-7-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-7 - By Possession and Prescription › Section 34-7-5. - Utility rights-of-way not acquired by enjoyment.

§ 34-7-5. Utility rights-of-way not acquired by enjoyment.
No enjoyment by any persons, companies or corporations, for any length of time, of the privilege of maintaining telegraph, telephone, electric, or other posts, wires or apparatus in, upon or over any lands or buildings of other persons or corporations, shall thereby confer any right to the continued enjoyment of the easement or raise any presumption of a grant thereof.
History of Section.
G.L. 1896, ch. 205, § 9; G.L. 1909, ch. 256, § 9; G.L. 1923, ch. 300, § 9; G.L. 1938, ch. 438, § 9; G.L. 1956, § 34-7-5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-7 - By Possession and Prescription › Section 34-7-6. - Notice of intent to dispute interrupting adverse possession.

§ 34-7-6. Notice of intent to dispute interrupting adverse possession.
Whenever the legal owner of any lands anticipates that any other person or persons may obtain the title to those lands, or any way, easement or privilege therein, by possession under the provisions of this chapter, he or she may give notice in writing to the person claiming or using the lands, way, easement, or privilege, of his or her intention to dispute any right arising from that claim or use; and the notice, served and recorded as hereinafter provided, shall be deemed an interruption of the use and prevent the acquiring of any right thereto by the continuance of the use for any length of time thereafter. The notice, signed by the owner of the lands, his guardian or agent, may be served by any disinterested person, making return under oath, on the party so claiming or using the property, his or her agent or guardian, if within this state, otherwise, on the tenant or occupant, if there be any; and the notice, with the return thereon, shall be recorded within three (3) months thereafter in the records of land evidence in the town in which the land is situated, and a copy of the record, certified by the recording officer to be a true copy of the record of the notice, and the return thereon, shall be evidence of the notice and of the service of the same.
History of Section.
G.L. 1896, ch. 205, § 6; G.L. 1909, ch. 256, § 6; G.L. 1923, ch. 300, § 6; G.L. 1938, ch. 438, § 6; G.L. 1956, § 34-7-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-7 - By Possession and Prescription › Section 34-7-7. - Action by claimant in possession after notice of intent to dispute.

§ 34-7-7. Action by claimant in possession after notice of intent to dispute.
Whenever notice is given to prevent the acquisition of lands or way, privilege or other easement, the notice shall be considered so far a disturbance of the right or claim as to enable the party claiming to bring an action for disturbing the same, in order to try the right; and if the plaintiff in the suit prevails, he or she shall recover full costs.
History of Section.
G.L. 1896, ch. 205, § 7; G.L. 1909, ch. 256, § 7; G.L. 1923, ch. 300, § 7; G.L. 1938, ch. 438, § 7; G.L. 1956, § 34-7-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-7 - By Possession and Prescription › Section 34-7-8. - Shore rights preserved — Prospective applicability.

§ 34-7-8. Shore rights preserved — Prospective applicability.
Nothing herein contained shall affect any rights of the shore to which the people of this state are now entitled under the charter, the constitution or by the law, or be construed to apply to any preceding action.
History of Section.
G.L. 1896, ch. 205, § 8; G.L. 1909, ch. 256, § 8; G.L. 1923, ch. 300, § 8; G.L. 1938, ch. 438, § 8; G.L. 1956, § 34-7-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-7 - By Possession and Prescription › Section 34-7-9. - Land preserved for open space, conservation or cemetery purposes.

§ 34-7-9. Land preserved for open space, conservation or cemetery purposes.
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.
History of Section.
P.L. 2008, ch. 63, § 1; P.L. 2008, ch. 67, § 1; P.L. 2012, ch. 277, § 1; P.L. 2012, ch. 288, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-8 - Rhode Island Coordinate System › Section 34-8-1. - Adoption of ocean and geodetic survey systems.

§ 34-8-1. Adoption of ocean and geodetic survey systems.
The two (2) systems of plane coordinates which have been established by the national ocean/national geodetic survey, or its successors, for defining and stating the geographic positions or locations of points on the surface of the earth within the state are hereafter to be known and designated as the “Rhode Island coordinate system of 1927” and the “Rhode Island coordinate system of 1983”.
History of Section.
P.L. 1945, ch. 1653, § 1; G.L. 1956, § 34-8-1; P.L. 1983, ch. 241, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-8 - Rhode Island Coordinate System › Section 34-8-2. - Use of term in documents.

§ 34-8-2. Use of term in documents.
The use of the term “Rhode Island coordinate system of 1927” or “Rhode Island coordinate system of 1983” on any map, report of survey, or other document, shall be limited to coordinates based on the Rhode Island coordinate system as defined in this chapter.
History of Section.
P.L. 1945, ch. 1653, § 5; G.L. 1956, § 34-8-2; P.L. 1983, ch. 241, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-8 - Rhode Island Coordinate System › Section 34-8-3. - Location of point by coordinates.

§ 34-8-3. Location of point by coordinates.
The plane coordinate values for a point on the earth’s surface, to be used to express the geographic position or location of such point on the Rhode Island coordinate system, shall consist of two (2) distances, expressed in U. S. survey feet and decimals of a survey foot when using the Rhode Island coordinate system of 1927, and expressed in meters and decimals of a meter when using the Rhode Island coordinate system of 1983. One of these distances, to be known as the “x-coordinate”, shall give the position in an east and west direction; the other, to be known as the “y-coordinate”, shall give the position in a north and south direction. These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American horizontal geodetic control network as published by the national ocean survey/national geodetic survey or its successors, and whose plane coordinates have been computed on the systems defined in this chapter. Any such station may be used for establishing a survey connection to either Rhode Island coordinate system set forth in § 34-8-1 of this chapter.
History of Section.
P.L. 1945, ch. 1653, § 2; G.L. 1956, § 34-8-3; P.L. 1983, ch. 241, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-8 - Rhode Island Coordinate System › Section 34-8-4. - Technical definition of systems — Origin of coordinates.

§ 34-8-4. Technical definition of systems — Origin of coordinates.
(a)
For purposes of more precisely defining the Rhode Island coordinate system of 1927, the following definition by the national ocean survey/national geodetic survey is adopted:
The Rhode Island coordinate system of 1927 is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 71° 30′ west of Greenwich, on which meridian the scale is set at one part in one hundred sixty thousand (160,000) too small. The origin of coordinates is at the intersection of the meridian 71° 30′ west of Greenwich and the parallel 41° 05′ north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.
(b)
For the purposes of more precisely defining the Rhode Island coordinate system of 1983, the following definition by the national ocean survey/national geodetic survey is adopted:
The Rhode Island coordinate system of 1983 is a transverse Mercator projection of the North American datum of 1983 having a central meridian 71° 30′ west of Greenwich, on which meridian the scale is set at one part in one hundred sixty thousand (160,000) too small. The origin of coordinates is at the intersection of the meridian 71° 30′ west of Greenwich and the parallel 41° 05′ north latitude. This origin is given the coordinates: x = 100,000 meters, and y = 100,000 meters, and y = 0 meters.
History of Section.
P.L. 1945, ch. 1653, § 3; G.L. 1956, § 34-8-4; P.L. 1983, ch. 241, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-8 - Rhode Island Coordinate System › Section 34-8-5. - Repealed.

§ 34-8-5. Repealed.
History of Section.
P.L. 1945, ch. 1653, § 4; G.L. 1956, § 34-8-5; Repealed by P.L. 1983, ch. 241, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-8 - Rhode Island Coordinate System › Section 34-8-6. - Proximity to established station required for use of coordinates in public records.

§ 34-8-6. Proximity to established station required for use of coordinates in public records.
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.
History of Section.
P.L. 1945, ch. 1653, § 4; G.L. 1956, § 34-8-6; P.L. 1983, ch. 241, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-8 - Rhode Island Coordinate System › Section 34-8-7. - Reliance on system not required — Describing location of survey system or land boundary corner.

§ 34-8-7. Reliance on system not required — Describing location of survey system or land boundary corner.
(a)
Nothing contained in this chapter shall require any purchaser or mortgagee of real property to rely wholly on a land description, any part of which depends exclusively upon either Rhode Island coordinate system.
(b)
For purposes of describing the location of any survey station or land boundary corner in the state it shall be considered a complete, legal, and satisfactory description of such location to give the position of the survey station or land boundary corner on the system of plane coordinates defined in this chapter.
History of Section.
P.L. 1945, ch. 1653, § 6; G.L. 1956, § 34-8-7; P.L. 1983, ch. 241, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-8 - Rhode Island Coordinate System › Section 34-8-8. - Severability.

§ 34-8-8. Severability.
If any provision of this chapter shall be declared invalid such invalidity shall not affect any other portion of this chapter which can be given effect without the invalid provision, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1945, ch. 1653, § 7; G.L. 1956, § 34-8-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-8 - Rhode Island Coordinate System › Section 34-8-9. - Use of coordinate systems.

§ 34-8-9. Use of coordinate systems.
The Rhode Island coordinate system of 1927 may be used up to and including December 31, 1989, but shall not be used thereafter. The Rhode Island coordinate system of 1983 may be used up to and including December 31, 1989, and shall be the exclusive Rhode Island coordinate system thereafter.
History of Section.
P.L. 1983, ch. 241, § 3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-8 - Rhode Island Coordinate System › Section 34-8-10. - Meter-to-foot conversion.

§ 34-8-10. Meter-to-foot conversion.
For purposes of this chapter, and for purposes of conversion between the two (2) systems set forth in § 34-8-1 of this chapter, one meter equals 3.2808-⅓ survey feet.
History of Section.
P.L. 1983, ch. 241, § 3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-9 - Boundary Line Determination › Section 34-9-1. - Petition for determination of boundaries covered by tidewater.

§ 34-9-1. Petition for determination of boundaries covered by tidewater.
Any person having any interest in land bordering on public tidewater, whenever a harbor line shall have been confirmed and established in front of or adjacent to the land, may apply by petition to the supreme court for the settlement and determination of the lines and boundaries of his interest and of the interests of all others in the land covered by public tidewater within such harbor line.
History of Section.
G.L. 1896, ch. 266, § 1; C.P.A. 1905, § 1166; G.L. 1909, ch. 331, § 1; G.L. 1923, ch. 382, § 1; G.L. 1938, ch. 593, § 1; G.L. 1956, § 34-9-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-9 - Boundary Line Determination › Section 34-9-2. - Appointment of commissioners — Report — Recording.

§ 34-9-2. Appointment of commissioners — Report — Recording.
Upon such petition the court may appoint three (3) commissioners to make a survey of the land within and adjacent to the harbor line, covering the area of land as the commissioners may deem necessary, to include the interests of all persons whose rights may be affected by the determination of the lines; and the commissioners, being first sworn to a faithful discharge of their duties, shall determine the boundary lines of the interests of all the persons whose rights may be affected by the determination of the lines, and shall report to the court the boundaries so established, with a plat of the land, within and adjacent to the harbor line, showing the lines established for each person having an interest therein, which plat, after its approval by the court, shall by order of the court be recorded in the records of land evidence in the town where such land lies and in the office of the director of environmental management.
History of Section.
G.L. 1896, ch. 266, § 2; G.L. 1909, ch. 331, § 2; G.L. 1923, ch. 382, § 2; G.L. 1938, ch. 593, § 2; G.L. 1956, § 34-9-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-9 - Boundary Line Determination › Section 34-9-3. - Notice and hearing by commissioners — Effect of report.

§ 34-9-3. Notice and hearing by commissioners — Effect of report.
Before proceeding to make a survey and to establish the lines according to § 34-9-2, the commissioners shall notify all persons whose rights may be affected by the determination of the lines, in the manner as the court shall direct, to appear at a time and place named to be heard in relation to the survey. The report and plan of the commissioners, when approved by the court and recorded as provided in § 34-9-2, shall forever fix and determine the rights of all persons and parties, except when definite boundary lines have been established by parties legally authorized so to do.
History of Section.
G.L. 1896, ch. 266, § 3; G.L. 1909, ch. 331, § 3; G.L. 1923, ch. 382, § 3; G.L. 1938, ch. 593, § 3; G.L. 1956, § 34-9-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-9 - Boundary Line Determination › Section 34-9-5. - Expense of proceedings.

§ 34-9-5. Expense of proceedings.
The just charges and expenses of the commissioners shall be ascertained and allowed by the court; any further costs of the proceedings shall be taxed in the usual manner; and all the costs and expenses shall be apportioned by the court upon all parties interested as aforesaid, in such proportions or amounts as the court shall deem equitable.
History of Section.
G.L. 1896, ch. 266, § 5; G.L. 1909, ch. 331, § 5; G.L. 1923, ch. 382, § 5; G.L. 1938, ch. 593, § 5; G.L. 1956, § 34-9-5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-9 - Boundary Line Determination › Section 34-9-6. - Persons acquiring title during proceedings.

§ 34-9-6. Persons acquiring title during proceedings.
Any person who shall acquire, during the pendency of such proceedings, an interest in, or title to, any lands covered by public tidewater within such harbor line, which are the subject matter of such proceedings, may, by order of the court, be made a party to such proceedings, and chargeable with a share of the costs and expenses thereof, in such manner and to such extent as the court may prescribe.
History of Section.
G.L. 1896, ch. 266, § 6; G.L. 1909, ch. 331, § 6; G.L. 1923, ch. 382, § 6; G.L. 1938, ch. 593, § 6; G.L. 1956, § 34-9-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-9 - Boundary Line Determination › Section 34-9-7. - State interest unaffected.

§ 34-9-7. State interest unaffected.
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.
History of Section.
G.L. 1896, ch. 266, § 7; G.L. 1909, ch. 331, § 7; G.L. 1923, ch. 382, § 7; G.L. 1938, ch. 593, § 7; G.L. 1956, § 34-9-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-9.1 - Maintenance of Private Easements and Rights-Of-Way › Section 34-9.1-1. - Definitions.

§ 34-9.1-1. Definitions.
As used in this chapter:
(1)
“Benefited property” or “property that benefits” means and includes residential real property enjoying the use of an easement or right-of-way;
(2)
“Burdened property” means and includes residential real property over which the easement runs;
(3)
“Easement” or “right-of-way” means a private appurtenant easement or right-of-way; and
(4)
“Residential real property” means one- to four-family (4) residential real estate located in this state, but does not include property owned by the state or any political subdivision thereof.
History of Section.
P.L. 2018, ch. 142, § 1; P.L. 2018, ch. 241, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-9.1 - Maintenance of Private Easements and Rights-Of-Way › Section 34-9.1-2. - Maintenance of private easement and rights-of-way.

§ 34-9.1-2. Maintenance of private easement and rights-of-way.
(a)
In the absence of an enforceable, written agreement to the contrary, the owner of any residential real property that benefits from an easement or right-of-way, the purpose of which is to provide access to the residential real property, shall be responsible for the cost of maintaining the easement or right-of-way in good repair and the cost of repairing or restoring any damaged portion of the easement or right-of-way. The maintenance shall include, but not be limited to, the removal of snow from the easement or right-of-way.
(b)
In the absence of an enforceable, written agreement, the cost of maintaining and repairing or restoring the easement or right-of-way shall be shared by each owner of a benefited property in proportion to the benefit received by each property; provided, that the market value or assessed valuation of each such property shall not be taken into consideration in the calculation of benefit received.
(c)
Notwithstanding the provisions of subsections (a) and (b) of this section, any owner of a benefited property or any owner of a burdened property who directly or indirectly damages any portion of the easement or right-of way shall be solely responsible for repairing or restoring the portion damaged by that owner.
(d)
If any owner of a benefited or burdened property refuses to repair or restore a damaged portion of an easement or right-of-way in accordance with this section, or fails, after a demand in writing, to pay the owner’s proportion of the cost of maintaining or repairing or restoring the easement or right-of-way in accordance with subsection (b), an action for specific performance or contribution may be brought in the superior court against the owner by other owners of benefited or burdened properties, either jointly or severally.
(e)
In the event of any conflict between the provisions of this section and an agreement described in subsections (a) or (b) of this section, the terms of the agreement shall control.
History of Section.
P.L. 2018, ch. 142, § 1; P.L. 2018, ch. 241, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-1. - Lawful fences defined.

§ 34-10-1. Lawful fences defined.
The following fences shall be adjudged to be lawful fences:
(1)
A hedge with a ditch shall be three feet (3′) high upon the bank of the ditch, well staked, at the distance of two feet and a half (2½′), bound together at the top and sufficiently filled to prevent small stock from creeping through; and the bank of the ditch shall not be less than one foot (1′) above the surface of the ground.
(2)
A hedge without a ditch shall be four feet (4′) high, staked, bound and filled, as a hedge with a ditch.
(3)
A post-and-rail fence on the bank of a ditch shall be four (4) rails high, each well set in posts, and not less than four feet and a half (4½′) high.
(4)
A stone wall fence shall be four feet (4′) high, with a flat stone hanging over the top thereof or a good rail or pole thereon, well staked or secured with crotches or posts.
(5)
A stone wall without flat stones, rails or posts on the top, shall be four feet and a half (4½′) high.
(6)
A woven wire fence of wire not less than number nine, firmly fastened to posts not more than sixteen feet (16′) apart, constructed of not less than eleven (11) horizontal wires, the top wire not less than fifty-four inches (54″) from the ground, the bottom wire not more than two inches (2″) from the ground and with stays or uprights not more than six inches (6″) apart.
(7)
All other kinds of fences not herein particularly described shall be four feet and a half (4½′) high.
History of Section.
G.L. 1896, ch. 126, § 1; G.L. 1909, ch. 152, § 1; P.L. 1916, ch. 1386, § 1; G.L. 1923, ch. 182, § 1; G.L. 1938, ch. 645, § 1; G.L. 1956, § 34-10-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-2. - Consent of adjoining owner to barbed-wire fence.

§ 34-10-2. Consent of adjoining owner to barbed-wire fence.
No fence shall be constructed wholly or in part of barbed wire, as a line fence between adjoining owners, without the consent in writing of the adjoining owners.
History of Section.
P.L. 1906, ch. 1364, § 1; G.L. 1909, ch. 152, § 2; G.L. 1923, ch. 182, § 2; G.L. 1938, ch. 645, § 2; G.L. 1956, § 34-10-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-3. - Removal of barbed-wire fence.

§ 34-10-3. Removal of barbed-wire fence.
Any adjoining owner who shall not have given his or her consent as provided in § 34-10-2 may complain of the fence to any fence viewer of the town where the fence is located, and may advance to the fence viewer the reasonable expense necessary to remove and store the fence. It shall then be the duty of the fence viewer to notify in writing the other adjoining owner to forthwith remove the fence. If the fence shall not be removed within fifteen (15) days after the giving of the notice, then it shall be the duty of the fence viewer to remove the fence and to store the materials removed. He or she shall deliver the fence materials removed to the owner upon demand.
History of Section.
P.L. 1906, ch. 1364, § 2; G.L. 1909, ch. 152, § 3; G.L. 1923, ch. 182, § 3; G.L. 1938, ch. 645, § 3; G.L. 1956, § 34-10-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-4. - Expense of removal of barbed-wire fence.

§ 34-10-4. Expense of removal of barbed-wire fence.
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.
History of Section.
P.L. 1906, ch. 1364, § 3; G.L. 1909, ch. 152, § 4; G.L. 1923, ch. 182, § 4; G.L. 1938, ch. 645, § 4; G.L. 1956, § 34-10-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-5. - Barbed-wire fences through woodland — Fences existing before 1906.

§ 34-10-5. Barbed-wire fences through woodland — Fences existing before 1906.
The provisions of §§ 34-10-2 — 34-10-4 shall not apply to line fences running through woodland nor to barbed-wire fences constructed before April 20, 1906.
History of Section.
P.L. 1906, ch. 1364, § 4; G.L. 1909, ch. 152, § 5; G.L. 1923, ch. 182, § 5; G.L. 1938, ch. 645, § 5; G.L. 1956, § 34-10-5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-6. - Maintenance of water fences.

§ 34-10-6. Maintenance of water fences.
Coterminous owners or possessors of land adjoining water, whenever their land is under improvement, shall make and maintain a sufficient water fence to prevent trespass by cattle in the same manner as other partition fences are directed to be made by this chapter.
History of Section.
G.L. 1896, ch. 126, § 7; G.L. 1909, ch. 152, § 11; G.L. 1923, ch. 182, § 11; G.L. 1938, ch. 645, § 11; G.L. 1956, § 34-10-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-7. - Marshland exempt.

§ 34-10-7. Marshland exempt.
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.
History of Section.
G.L. 1896, ch. 126, § 14; G.L. 1909, ch. 152, § 18; G.L. 1923, ch. 182, § 18; G.L. 1938, ch. 645, § 18; G.L. 1956, § 34-10-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-8. - Remedies of marshland owner to trespass.

§ 34-10-8. Remedies of marshland owner to trespass.
If any person shall permit any cattle, sheep, horses or hogs, to him or her belonging, to run upon any tract of marshland, the owner of the marshland shall, for every trespass, have all the remedies provided in other cases by chapter 14 of title 4.
History of Section.
G.L. 1896, ch. 126, § 15; G.L. 1909, ch. 152, § 19; G.L. 1923, ch. 182, § 19; G.L. 1938, ch. 645, § 19; G.L. 1956, § 34-10-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-9. - Placement of partition fences — Maintenance throughout year.

§ 34-10-9. Placement of partition fences — Maintenance throughout year.
All partition fences shall run on the dividing line, and the owners shall have the right to place one-half (½) of the width thereof on the land of each adjoining proprietor. The fences shall be kept up and maintained in good order through the year, unless the parties concerned shall otherwise agree.
History of Section.
G.L. 1896, ch. 126, § 2; G.L. 1909, ch. 152, § 6; G.L. 1923, ch. 182, § 6; G.L. 1938, ch. 645, § 6; G.L. 1956, § 34-10-9.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-10. - Partition fences between lands under improvement.

§ 34-10-10. Partition fences between lands under improvement.
Partition fences between lands under improvement shall be made and maintained in equal halves in length and quality, by the proprietors or possessors of those lands respectively.
History of Section.
G.L. 1896, ch. 126, § 3; G.L. 1909, ch. 152, § 7; G.L. 1923, ch. 182, § 7; G.L. 1938, ch. 645, § 7; G.L. 1956, § 34-10-10.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-11. - Partition fences between improved and unimproved lands.

§ 34-10-11. Partition fences between improved and unimproved lands.
In case any proprietor of land shall improve his or her land, the land adjoining being unimproved, and shall make the whole partition fence, the proprietor or possessor of the land adjoining and unimproved shall, upon improvement thereof, pay for one-half (½) of the partition fence, according to the value thereof at that time, and shall keep up and maintain the same ever afterwards, whether he or she shall continue to improve the land or not.
History of Section.
G.L. 1896, ch. 126, § 4; G.L. 1909, ch. 152, § 8; G.L. 1923, ch. 182, § 8; G.L. 1938, ch. 645, § 8; G.L. 1956, § 34-10-11.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-12. - Payment for previously constructed fence.

§ 34-10-12. Payment for previously constructed fence.
Whenever the whole or more than one-half (½) of any partition fence shall have been made by the proprietor or possessor of the land on one side of the fence, the proprietor or possessor of the land adjoining, when he or she improves the land, shall pay to the proprietor or possessor who made the fence the value of so much of the fence erected as the fence may exceed one-half (½) of the fence on the whole line; and in case of his or her refusal so to do, the value shall be ascertained by any fence viewer of the town where the land is situated, on application to him or her for that purpose.
History of Section.
G.L. 1896, ch. 126, § 10; G.L. 1909, ch. 152, § 14; G.L. 1923, ch. 182, § 14; G.L. 1938, ch. 645, § 14; G.L. 1956, § 34-10-12.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-13. - Viewing and division of fence — Award of cost.

§ 34-10-13. Viewing and division of fence — Award of cost.
The fence viewer, on an application, shall cite the parties in interest on the dividing line, at a convenient time, to view the fence; shall ascertain the value of the whole, and award the one-half (½) of the sum against the proprietor or possessor so refusing, with costs, and divide the whole fence between the parties, and make report into the office of the town clerk, which division shall be permanent; and if any person against whom report shall be made as aforesaid shall refuse to pay the sum so reported, the sum, with costs, shall be recovered by the party aggrieved, against that person, by action of debt.
History of Section.
G.L. 1896, ch. 126, § 11; G.L. 1909, ch. 152, § 15; G.L. 1923, ch. 182, § 15; G.L. 1938, ch. 645, § 15; G.L. 1956, § 34-10-13.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-14. - Holding and improving partition fences — Agreements between owners.

§ 34-10-14. Holding and improving partition fences — Agreements between owners.
In all cases where partition fences are erected as one-half (½) of the partition fence between proprietors or possessors of adjoining lands, or where the fence may be hereafter erected by the agreement of the parties in interest or other lawful manner, the proprietors of the fences in either of the cases erected, their heirs, successors, or assigns, shall hold and improve the fences without molestation; and shall be forever afterwards excused from making other fence on such dividing line in all cases whatever, except by the special agreement of the parties to the contrary; and all agreements which shall be made relating to the partition fences shall be registered in the office of the town clerk in the town where such lands shall lie.
History of Section.
G.L. 1896, ch. 126, § 9; G.L. 1909, ch. 152, § 13; G.L. 1923, ch. 182, § 13; G.L. 1938, ch. 645, § 13; G.L. 1956, § 34-10-14.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-15. - Complaint of neglect to maintain fence.

§ 34-10-15. Complaint of neglect to maintain fence.
(a)
Whenever any proprietor, possessor or owner of land shall neglect or refuse to repair, build, or rebuild any partition fence or shall withdraw his or her fence from any division line, the aggrieved party may complain to any fence viewer of the town, who, after ten (10) days’ notice to the proprietor, possessor, or owner, shall attend and view the same; the notice, if the address of the owner is not known to the fence viewer, to be given by posting up the same in three (3) or more public places in the town where the lands lie, and if he or she shall find the complaint to be true, he or she shall in writing order the delinquent party to repair, build, or rebuild the same within such time as he or she shall therein appoint, not exceeding fifteen (15) days, and shall lodge a copy of the order in the office of the town clerk of the town in which the land is situated.
(b)
Whenever any vegetation overgrows and damages a partition fence, the proprietor, possessor or owner of the land from which the vegetation originates shall be liable for the removal of all of the overgrown vegetation and the necessary repairs to the partition fence caused by the overgrown vegetation.
History of Section.
G.L. 1896, ch. 126, § 5; P.L. 1902, ch. 992, § 1; G.L. 1909, ch. 152, § 9; G.L. 1923, ch. 182, § 9; G.L. 1938, ch. 645, § 9; G.L. 1956, § 34-10-15; P.L. 2007, ch. 373, § 1.