reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-28 - Elective Share › Section 33-28-3. - Waiver of right to elect and of other rights.

§ 33-28-3. Waiver of right to elect and of other rights.
(a)
The right of election of a surviving spouse and the rights of the surviving spouse to allowances pursuant to chapter 10 of this title may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse. The written contract, agreement, or waiver is enforceable without consideration.
(b)
A surviving spouse’s waiver is not enforceable if the surviving spouse proves that: (1) The surviving spouse did not execute the waiver voluntarily; or (2) The waiver was unconscionable when it was executed and, before execution of the waiver, the surviving spouse: (i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent; (ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and (iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.
(c)
An issue of unconscionability of a waiver is for decision by the probate court or other court of competent jurisdiction as a matter of law.
(d)
Unless it provides to the contrary, a waiver of “all rights” or equivalent language in the property or estate of a present or prospective spouse or a complete property settlement entered into after, or in anticipation of, separation or divorce is a waiver of all rights to elective share and allowances pursuant to chapter 10 of this title by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to that spouse from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.
History of Section.
P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-28 - Elective Share › Section 33-28-4. - Proceeding for elective share — Time limit.

§ 33-28-4. Proceeding for elective share — Time limit.
(a)
If any estate, real or personal, be devised or bequeathed to a surviving spouse, the devise or bequest shall bar the elective share unless the surviving spouse shall, within six (6) months after the date of the first publication of the qualifications of the fiduciary of the estate of the deceased spouse, file in the probate court a written statement waiving and renouncing the devise and bequest and petitioning for the elective share. If any of the deceased spouse’s real estate is located in any city or town other than that in which the will of the decedent is probated, the waiver and petition shall also be filed in the records of deeds in each city and town where the real estate is located. The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate and to those whose interests will be adversely affected by the taking of the elective share.
(b)
Within six (6) months after the date of the first publication of the qualifications of the fiduciary of the estate of the deceased spouse, the surviving spouse may petition the probate court for an extension of time for making an election not to exceed nine (9) months after the decedent’s death, upon notice of the time and place set for hearing, to persons interested in the estate and to those whose interests will be adversely affected by the taking of the elective share.
(c)
The surviving spouse may withdraw a waiver and petition for an elective share at any time before entry of a final determination by the probate court.
(d)
The order or judgment of the probate court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions.
History of Section.
P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-1 - Confirmation of Legislative Grants › Section 34-1-1. - Perpetuation of colonial acts quieting title.

§ 34-1-1. Perpetuation of colonial acts quieting title.
The act entitled “An Act Confirming the Grants Heretofore Made by the Inhabitants of the Towns of Newport, Providence, Portsmouth, Warwick and Westerly”, passed in May, 1682, and the act entitled “An Act Quieting Possessions and Establishing Title of Land Within the Towns of Bristol, Tiverton, Little Compton, Warren and Cumberland”, passed in January, 1746, are hereby continued in force as perpetual statutes.
History of Section.
G.L. 1896, ch. 204, § 1; G.L. 1909, ch. 255, § 1; G.L. 1923, ch. 299, § 1; G.L. 1938, ch. 441, § 1; G.L. 1956, § 34-1-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-1 - Confirmation of Legislative Grants › Section 34-1-2. - Confirmation of legislative conveyances generally.

§ 34-1-2. Confirmation of legislative conveyances generally.
Whereas, at the first settling of this state, and for sundry years afterwards, lands were of little or no value, and skillful men in the law were much wanted, whereby many deeds, grants, and conveyances were weakly made, which may occasion great contests in law if not timely prevented; therefore, all grants, charters and conveyances previously made by the general assembly unto any town, corporation, community or propriety, or to any other person or persons whomsoever, shall be and hereby are ratified and confirmed as good and effectual, to all intents and purposes in law, for conveying all such lands, tenements, hereditaments, rights, privileges and profits as are therein mentioned, to the towns, corporations, communities, proprieties, person, or persons, and to their respective successors, heirs, and assigns forever.
History of Section.
G.L. 1896, ch. 205, § 1; G.L. 1909, ch. 256, § 1; G.L. 1923, ch. 300, § 1; G.L. 1938, ch. 438, § 1; G.L. 1956, § 34-1-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-2 - Capacity to Hold Real Estate › Section 34-2-1. - Powers of aliens.

§ 34-2-1. Powers of aliens.
Aliens may take, hold, transmit, and convey real estate, and may sue for and recover possession of real estate in the same way and with the same effect as if they were citizens of the United States, and no title to real estate shall be invalid on account of the alienage of a former owner; but nothing contained in this section shall defeat the title to any real estate previously released or conveyed by the state or by authority thereof.
History of Section.
G.L. 1896, ch. 201, § 4; G.L. 1909, ch. 252, § 4; G.L. 1923, ch. 296, § 4; G.L. 1938, ch. 432, § 1; G.L. 1956, § 34-2-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-3 - Tenancy in Common › Section 34-3-1. - Tenancy in common presumed in conveyances.

§ 34-3-1. Tenancy in common presumed in conveyances.
All gifts, feoffments, grants, conveyances, devises or legacies, of real or personal estate, which shall be made to two (2) or more persons, whether they be husband and wife or otherwise, shall be deemed to create a tenancy in common and not a joint tenancy, unless it be declared that the tenancy is to be joint, or that the conveyance is to those persons and the survivors or survivor of them, or to them as trustees or executors, or unless the intention manifestly appears that the persons shall take as joint tenants and not as tenants in common.
History of Section.
G.L. 1896, ch. 201, § 1; G.L. 1909, ch. 252, § 1; G.L. 1923, ch. 296, § 1; G.L. 1938, ch. 431, § 1; G.L. 1956, § 34-3-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-3 - Tenancy in Common › Section 34-3-2. - Joint heirs.

§ 34-3-2. Joint heirs.
Joint heirs shall be deemed tenants in common.
History of Section.
G.L. 1896, ch. 201, § 2; G.L. 1909, ch. 252, § 2; G.L. 1923, ch. 296, § 2; G.L. 1938, ch. 431, § 2; G.L. 1956, § 34-3-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-3 - Tenancy in Common › Section 34-3-3. - Proprietors of common and undivided lands.

§ 34-3-3. Proprietors of common and undivided lands.
Whereas, there is still remaining within several of the towns of this state, lands belonging to the original proprietors of the land, lying common or undivided, for the better government of the proprietors, the management of their prudential affairs, the more just and equal division of the lands and the allotments and preservation of the boundaries of the lands; it shall be lawful for the proprietors of the several towns within this state, being convened by warrant specifying the occasion for convening, under the hand and seal of a justice of the peace of the town, to choose a clerk, a surveyor or surveyors, and such other officers as they shall judge necessary for the orderly carrying on and management of their affairs, and in like manner to proceed from time to time as shall be necessary.
History of Section.
G.L. 1896, ch. 190, § 1; G.L. 1909, ch. 55, § 1; G.L. 1923, ch. 56, § 1; G.L. 1938, ch. 341, § 1; G.L. 1956, § 34-3-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-1. - Presumed death from absence of life tenant.

§ 34-4-1. Presumed death from absence of life tenant.
If any person shall be absent from this state for the term of seven (7) years without due proof of his or her being alive, for whose life any estate shall be holden by himself or herself or any other person, the person claiming the remainder or reversion of the estate expectant upon the death of the person so absent, may enter upon the estate and hold the estate according to his or her title, or until the absent person shall return to this state, or due proof shall be made of his or her being alive.
History of Section.
G.L. 1896, ch. 201, § 3; G.L. 1909, ch. 252, § 3; G.L. 1923, ch. 296, § 3; G.L. 1938, ch. 433, § 1; G.L. 1956, § 34-4-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-2. - Grant for life with remainder to heirs in fee.

§ 34-4-2. Grant for life with remainder to heirs in fee.
When lands are conveyed by deed or devised by will hereafter executed, to a person for his or her life, and after his or her death to his or her heirs in fee, or by words to that legal effect, the conveyance or devise shall be construed to vest an estate for life only in the first taker and a remainder in fee simple in his or her heirs.
History of Section.
G.L. 1896, ch. 201, § 6; G.L. 1909, ch. 252, § 6; G.L. 1923, ch. 296, § 6; G.L. 1938, ch. 433, § 2; G.L. 1956, § 34-4-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-2.1. - Reservation of life estate with enhanced powers.

§ 34-4-2.1. Reservation of life estate with enhanced powers.
A grantor may convey title to real estate and reserve a life estate therein, coupled with the reserved power and authority, during his or her lifetime, to sell, convey, mortgage, or otherwise dispose of the real property without the consent or joinder by the holder(s) of the remainder interest. A duly-executed conveyance by the life tenant exercising such reserved powers shall, upon recording, vest good title to the interest conveyed in the grantee thereof, free and clear of any right, title and interest of the holder(s) of the remainder interest without the necessity of any additional conveyance by any such holder(s) of the remainder interest.
History of Section.
P.L. 2014, ch. 145, art. 19, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-3. - Purported grant of estate greater than owned by grantor.

§ 34-4-3. Purported grant of estate greater than owned by grantor.
A conveyance made by a tenant for life or for years, purporting to grant a greater estate than he or she possesses or can lawfully convey, shall not work a forfeiture of his or her estate, but shall pass to the grantee all the estate which the tenant can lawfully convey.
History of Section.
G.L. 1896, ch. 201, § 7; G.L. 1909, ch. 252, § 7; G.L. 1923, ch. 296, § 7; G.L. 1938, ch. 433, § 3; G.L. 1956, § 34-4-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-4. - Expectant estates not dependent on precedent estates.

§ 34-4-4. Expectant estates not dependent on precedent estates.
No expectant estate shall be defeated or barred by an alienation or other act of the owner of the precedent estate, nor by the destruction of the precedent estate by disseisin, forfeiture, surrender, or merger, nor shall a contingent remainder be defeated by the termination of a precedent estate before the occurrence of the contingency on which the remainder was limited to take effect. If that contingency subsequently occurs, the remainder takes effect in the same manner as a springing or shifting executory interest.
History of Section.
G.L. 1896, ch. 201, § 8; G.L. 1909, ch. 252, § 8; G.L. 1923, ch. 296, § 8; G.L. 1938, ch. 433, § 4; G.L. 1956, § 34-4-4; P.L. 1983, ch. 168, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-5. - Bar of estates tail preserved — Defeat of expectancies provided for by grantor.

§ 34-4-5. Bar of estates tail preserved — Defeat of expectancies provided for by grantor.
Sections 34-4-3 and 34-4-4 shall not be construed to prevent the barring of estates tail in the manner provided in §§ 34-4-14 — 34-4-18, nor to prevent an expectant estate from being defeated in a manner provided for or authorized by the party creating the estate.
History of Section.
G.L. 1896, ch. 201, § 9; G.L. 1909, ch. 252, § 9; G.L. 1923, ch. 296, § 9; G.L. 1938, ch. 433, § 5; G.L. 1956, § 34-4-5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-6. - Trustee of timber land subject to life estate.

§ 34-4-6. Trustee of timber land subject to life estate.
When it appears that wood and timber standing on land, the use and improvement of which belongs, for life or otherwise, to a person other than the owner of the fee in the land, have ceased to improve by growth, or ought for any cause to be cut, the superior court may on petition appoint a trustee, and authorize and empower the trustee to sell and convey the wood and timber, to be cut and carried away within a time to be limited in the order of sale, and to hold, invest, reinvest, and change the investment of the proceeds thereof, after paying therefrom the expenses of the sale, and to pay over the income, above the taxes and other expenses of the trust, to the person entitled to the use and improvement while his or her right thereto continues, and, at the expiration of the right, to pay the principal sum to the owner of the land. When wood and timber have been cut as provided by this section, no more shall be cut on the land by the person entitled to the use and improvement without permission from the court. When a sale is authorized under this section, the trustee shall give, to the person as the court shall designate, a bond for the use and benefit of the persons interested in the proceeds of the sale, with condition for the faithful discharge of the trust; and the court may from time to time remove the trustee and appoint another in his or her stead, or fill a vacancy in the trusteeship whenever occasion may require.
History of Section.
G.L. 1896, ch. 201, § 12; C.P.A. 1905, §§ 1220, 1229; G.L. 1909, ch. 252, § 12; G.L. 1923, ch. 296, § 12; G.L. 1938, ch. 433, § 6; G.L. 1956, § 34-4-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-7. - Sale or mortgage of real estate subject to contingent remainder, executory devise, or power of appointment.

§ 34-4-7. Sale or mortgage of real estate subject to contingent remainder, executory devise, or power of appointment.
When real estate is subject to a contingent remainder, executory devise, or power of appointment, the superior court may, upon the petition of any person who has an estate in possession in the real estate, and after notice and other proceedings as required by this chapter, appoint one or more trustees and authorize him or her or them to sell and convey the estate or any part thereof in fee simple, if the sale and conveyance appears to the court to be necessary or expedient, for such an amount, and on such terms, as the court may deem proper; and the conveyance shall be valid and binding upon all parties. The trustee or trustees may, in the discretion of the court, and upon such terms and conditions as the court may prescribe, execute a mortgage of the estate or any part thereof, which mortgage may contain such powers of sale, conditions, and covenants as are usual in mortgages taken by savings banks in this state. Notes secured by, and covenants contained in, mortgages executed by the trustee or trustees, so far as those notes and covenants are made by the trustee or trustees in his or her or their representative capacity, shall not bind the trustee or trustees personally, but only the trust estate.
History of Section.
G.L. 1896, ch. 201, § 18; C.P.A. 1905, §§ 1220, 1229; G.L. 1909, ch. 252, § 18; P.L. 1912, ch. 829, § 1; G.L. 1923, ch. 296, § 18; G.L. 1938, ch. 433, § 7; G.L. 1956, § 34-4-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-8. - Notice of petition for sale — Representation of minors and parties not ascertained.

§ 34-4-8. Notice of petition for sale — Representation of minors and parties not ascertained.
Notice of a petition for sale shall be given in such manner as the court may order to all persons who are, or may become, interested in the real estate to which the petition relates, and to all persons whose issue not in being may become interested in the property. The court shall in every case appoint a suitable person to appear and act on the petition as the next friend of all minors, persons not ascertained, and persons not in being, who are, or may become, interested in the real estate. The cost of the appearance and the services of the next friend, including the compensation of his or her counsel, to be determined by the court, shall be paid, as the court may order, either out of the proceeds of the sale or by the petitioner, and in the latter case execution for the compensation may issue in the name of the next friend.
History of Section.
G.L. 1896, ch. 201, § 19; G.L. 1909, ch. 252, § 19; G.L. 1923, ch. 296, § 19; G.L. 1938, ch. 433, § 8; G.L. 1956, § 34-4-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-9. - Management of proceeds of sale — Supervision by court.

§ 34-4-9. Management of proceeds of sale — Supervision by court.
The trustee or trustees appointed under § 34-4-7 shall give bond in such form and for such an amount as the court may order, shall receive, hold, and invest the proceeds of any sale, and shall pay, apply, and distribute the proceeds, and any income therefrom, to or for the benefit of the persons who would have been entitled to the real estate and the income therefrom if the sale had not been made, and shall have full power in his, her, or their discretion, or, if a corporation, in the discretion of its officer or committee duly authorized, from time to time to invest, reinvest, and change the investment of the proceeds; and the court shall have jurisdiction of all matters thereafter arising in relation to the trust, including the removal of a trustee and the appointment of another in his or her stead, or filling a vacancy in the trusteeship whenever the occasion requires.
History of Section.
G.L. 1896, ch. 201, § 20; G.L. 1909, ch. 252, § 20; G.L. 1923, ch. 296, § 20; G.L. 1938, ch. 433, § 9; P.L. 1947, ch. 1953, § 1; G.L. 1956, § 34-4-9.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-10. - Construction of amendment to § 34-4-9.

§ 34-4-10. Construction of amendment to § 34-4-9.
Section 34-4-9 shall be deemed to be declaratory of the purposes of that section as originally enacted, and shall not be construed to invalidate any action taken by any trustee or trustees appointed under § 34-4-7 prior to June 3, 1947.
History of Section.
P.L. 1947, ch. 1953, § 2; G.L. 1956, § 34-4-10.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-11. - Conveyance of contingent, executory, and future interests.

§ 34-4-11. Conveyance of contingent, executory, and future interests.
A contingent, an executory and a future interest, and a possibility coupled with an interest, in any tenements or hereditaments of any tenure, and a right of entry whether immediate or future and whether vested or contingent, into or upon any tenements or hereditaments of any tenure, may be disposed of by legal conveyance or will, but no such disposition shall, by force only of this section, defeat or enlarge an estate tail.
History of Section.
G.L. 1896, ch. 201, § 23; G.L. 1909, ch. 252, § 23; G.L. 1923, ch. 296, § 23; G.L. 1938, ch. 433, § 10; G.L. 1956, § 34-4-11.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-12. - Rights against lessee in remainderman taking precedent estate by merger.

§ 34-4-12. Rights against lessee in remainderman taking precedent estate by merger.
Where the reversion of any land expectant on a lease shall be merged in any remainder, other reversion, or estate, the person entitled to the estate into which the reversion shall have merged, his or her heirs, executors, administrators, successors and assigns, shall have and enjoy the like advantage, remedy and benefit, against the lessee, his or her heirs, successors, executors, administrators and assigns, for nonpayment of rent, or for doing of waste or other forfeiture, or for not performing conditions, covenants or agreements, contained and expressed in his or her lease, demise or grant, as the person, who would for the time being have been entitled to the mesne reversion which shall have merged, would or might have had and enjoyed if the reversion had not been merged.
History of Section.
G.L. 1896, ch. 201, § 24; G.L. 1909, ch. 252, § 24; G.L. 1923, ch. 296, § 24; G.L. 1938, ch. 433, § 11; G.L. 1956, § 34-4-12.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-13. - Rights of entry not defeated by descent or discontinuance.

§ 34-4-13. Rights of entry not defeated by descent or discontinuance.
No descent or discontinuance shall take away or defeat any right of entry or of action for the recovery of real estate.
History of Section.
G.L. 1896, ch. 201, § 13; G.L. 1909, ch. 252, § 13; G.L. 1923, ch. 296, § 13; G.L. 1938, ch. 433, § 12; G.L. 1956, § 34-4-13.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-14. - Liability of lands for debts of tenant in tail.

§ 34-4-14. Liability of lands for debts of tenant in tail.
All lands held in fee tail shall be liable for the debts of the tenant in tail in his or her lifetime like estates in fee simple; and when sold on execution, or when sold by guardians, the creditor or purchaser shall hold the lands in fee simple, but this shall not extend to lands in which the debtor has only an estate tail in remainder.
History of Section.
G.L. 1896, ch. 201, § 5; G.L. 1909, ch. 252, § 5; G.L. 1923, ch. 296, § 5; G.L. 1938, ch. 434, § 1; G.L. 1956, § 34-4-14.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-15. - Conveyance of fee simple by tenant in tail.

§ 34-4-15. Conveyance of fee simple by tenant in tail.
A person actually seised of lands as a tenant in tail may convey the lands in fee simple by a deed in common form, in like manner as if he or she were seised of the lands in fee simple; provided, that in the deed the intention be expressed of barring the entail and reference be made to the specific land by metes and bounds, or by other definite description. This conveyance shall bar the estate tail and all remainders and reversions expectant thereon. An estate tail may also be barred as provided in § 34-4-14.
History of Section.
G.L. 1896, ch. 201, § 14; G.L. 1909, ch. 252, § 14; G.L. 1923, ch. 296, § 14; G.L. 1938, ch. 434, § 2; G.L. 1956, § 34-4-15.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-16. - Conveyance by life tenant and remainderman in tail.

§ 34-4-16. Conveyance by life tenant and remainderman in tail.
When lands are held by one person for life with a vested remainder in tail in another, the tenant for life and the remainderman may convey the lands in fee simple by their deed or deeds in common form subject to the proviso in § 34-4-15; and the deed or deeds shall bar the estate tail and all remainders and reversions expectant thereon.
History of Section.
G.L. 1896, ch. 201, § 15; G.L. 1909, ch. 252, § 15; G.L. 1923, ch. 296, § 15; G.L. 1938, ch. 434, § 3; G.L. 1956, § 34-4-16.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-17. - Barring of equitable estates tail.

§ 34-4-17. Barring of equitable estates tail.
Equitable estates tail in possession or remainder, and all remainders and reversions expectant on them, may be barred in the same manner as legal estates tail and the remainders and reversions expectant on them; and all conveyances of equitable estates tail made by deed in common form in which the intention is expressed of barring the entail, and reference is made to the specific land by metes and bounds, or by other definite description, shall bar the estate tail and all remainders and reversions expectant thereon.
History of Section.
G.L. 1896, ch. 201, § 16; P.L. 1906, ch. 1346, § 1; G.L. 1909, ch. 252, § 16; G.L. 1923, ch. 296, § 16; G.L. 1938, ch. 434, § 4; G.L. 1956, § 34-4-17.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-18. - Right of grantee of equitable estate tail to conveyance of legal interest.

§ 34-4-18. Right of grantee of equitable estate tail to conveyance of legal interest.
The person to whom an equitable fee simple is conveyed pursuant to § 34-4-17 shall, upon request, be entitled to a conveyance of the outstanding legal estate from the person in whom the legal estate is then or thereafter vested in trust, unless provisions to the contrary be made in the instrument creating the trust.
History of Section.
G.L. 1896, ch. 201, § 17; G.L. 1909, ch. 252, § 17; G.L. 1923, ch. 296, § 17; G.L. 1938, ch. 434, § 5; G.L. 1956, § 34-4-18.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-19. - Limitation of possibilities of reverter and rights of entry.

§ 34-4-19. Limitation of possibilities of reverter and rights of entry.
If a possibility of reverter or right of entry for condition broken in land is reserved in a deed executed after May 11, 1953, or in a will of a testator who dies after May 11, 1953, and the possibility of reverter does not become a possessory interest or the right of entry is not exercised within twenty (20) years from the date of the execution of the deed or the death of the testator, then the possibility of reverter or right of entry shall become void, except a housing restriction as set forth in § 34-39.1-3.
History of Section.
G.L. 1938, ch. 435, § 23; P.L. 1953, ch. 3213, § 1; G.L. 1956, § 34-4-19; P.L. 2006, ch. 368, § 1; P.L. 2006, ch. 464, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-20. - Possibilities of reverter and rights of entry exempt from limitation.

§ 34-4-20. Possibilities of reverter and rights of entry exempt from limitation.
Section 34-4-19 shall not apply to a possibility of reverter or right of entry for condition broken in:
(1)
Lease for a term of years;
(2)
Grant, gift or devise to the state;
(3)
Grant, gift or devise for public, charitable, or religious purposes;
(4)
Deed to a railroad or public utility corporation;
(5)
Housing restriction as set forth in § 34-39.1-3.
History of Section.
G.L., 1938, ch. 435, § 23; P.L. 1953, ch. 3213, § 1; G.L. 1956, § 34-4-20; P.L. 2006, ch. 368, § 1; P.L. 2006, ch. 464, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-21. - Limitation of restrictive covenants.

§ 34-4-21. Limitation of restrictive covenants.
If a covenant or restriction concerning the use of land, other than housing restrictions as set forth in § 34-39.1-3, and conservation restrictions and preservation restrictions as set forth in §§ 34-39-3 and 34-39-4, is created by any instrument taking effect after May 11, 1953, the covenant or restriction, if unlimited in time in the instrument, shall cease to be valid and operative thirty (30) years after the execution of the instrument creating it; provided, however, that the terms of this section shall not apply to any covenants and/or restrictions initially created by the Commerce Oil Refining Corporation with respect to land in the town of Jamestown.
History of Section.
G.L. 1938, ch. 435, § 23; P.L. 1953, ch. 3213, § 1; G.L. 1956, § 34-4-21; P.L. 2006, ch. 368, § 1; P.L. 2006, ch. 464, § 1; P.L. 2008, ch. 271, § 1; P.L. 2008, ch. 418, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-22. - Expiration of recorded options affecting real estate.

§ 34-4-22. Expiration of recorded options affecting real estate.
When a recorded instrument has created, or shall create, an option to purchase or lease real estate, other than housing restrictions as set forth in § 34-39.1-3, and conservation restrictions and preservation restrictions as set forth in §§ 34-39-3 and 34-39-4, which, according to its terms, or by operation of law, has expired, and one year has elapsed since the time of expiration, and no conveyance, contract, lease, or other instrument has been recorded showing that the option has been exercised or extended, then the instrument creating the option shall cease to be notice to any person or to put any person on inquiry, with respect to the existence, exercise, or extension of the option or of any contract, conveyance, lease, or other writing which may have been executed pursuant to the option. The one year period provided for in this section shall not be extended by any disability, absence from the state, acknowledgment, or new promise not of record, payment after maturity, or for any other cause.
History of Section.
P.L. 1965, ch. 133, § 1; P.L. 2006, ch. 368, § 1; P.L. 2006, ch. 464, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-23. - Expiration of recorded instruments affecting real estate.

§ 34-4-23. Expiration of recorded instruments affecting real estate.
Any recorded contract or other instrument, other than housing restrictions as set forth in § 34-39.1-3, and conservation restrictions and preservation restrictions as set forth in §§ 34-39-3 and 34-39-4, which has created or shall create a right or obligation (other than an option) to purchase or sell real estate shall cease to be notice to any person or to put any person on inquiry with respect thereto unless, within ninety (90) days after the date therein provided for the delivery of the deed, or if no date is therein provided, then within ninety (90) days after the date therein provided for the payment of the final payment or instalment of the purchase price, or if no delivery date or payment date is therein provided, then within ninety (90) days after the date of the recording of the contract or other instrument, an action or proceeding shall have been commenced to enforce the contract or other instrument and a notice of the pendency of the action, containing a reference to the contract or other instrument and the book and page of the recording thereof and a description of the real estate sufficient to identify it, shall have been duly recorded. The ninety (90) day period provided for in this section shall not be extended by any disability, absence from the state, acknowledgement, or new promise not of record, payment after maturity, or for any other cause with the exception that the ninety (90) day period may be extended by agreement of all the parties to the contract or other instrument at the time of the execution of the contract or other instrument.
History of Section.
P.L. 1965, ch. 133, § 1; P.L. 1986, ch. 213, § 1; P.L. 1987, ch. 480, § 1; P.L. 2006, ch. 368, § 1; P.L. 2006, ch. 464, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-24. - Limitation of proceedings based upon right of entry for condition broken or possibility of reverter.

§ 34-4-24. Limitation of proceedings based upon right of entry for condition broken or possibility of reverter.
(a)(1)
No proceeding based upon any right of entry for condition broken or possibility of reverter to which a fee simple or fee simple determinable in land is subject, created before May 11, 1953, shall be maintained in any court after December 31, 1987, unless on or before December 31, 1987:
(i)
The condition has been broken or the reverter has occurred, and a person or persons having the right of entry or reverter shall have taken possession of the land, or;
(ii)
A person or persons having the right of entry, or who would have it if the condition were broken, or would be entitled to a right of entry if a reverter occurred or one of them if there be more than one, shall by himself or herself, or by his or her attorney, agent, guardian, conservator, or parent have filed in the town or city clerk’s office or recorder of deeds office for the town or city in which the land is situated, a statement in writing, duly sworn to, describing the land, the nature of the right, the deed or other instrument creating it, and where it may be found, and naming the person or persons appearing of record to own the fee subject to the right or possibility.
(2)
This statement shall be received and recorded upon payment of the fee required by law and shall be indexed in the grantor index under the person or persons named.
(b)
This section shall apply to all rights described in subsection (a) whether or not the holder of the rights is under any disability or out of the state, and it shall apply notwithstanding any recitals in any recorded deed or other instrument unless a statement is filed as provided in subsection (a).
(c)
Nothing in this section shall be construed to extend the period of any other applicable statute of limitations, or to authorize the bringing of any proceeding to enforce any right which has been or may be barred by lapse of time or for any other reason.
History of Section.
P.L. 1981, ch. 109, § 1; P.L. 1982, ch. 236, § 1; P.L. 1987, ch. 524, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-25. - Invalidity of certain restrictive covenants.

§ 34-4-25. Invalidity of certain restrictive covenants.
Since many individuals with intellectual or developmental disabilities or who are mentally disabled are able to live in the community with some assistance, it is the public policy of the state of Rhode Island to establish community residences in residential areas. Therefore, any restrictive covenant or other private legal impediment which directly or indirectly prevents or restricts the establishment of licensed community residences as defined in § 40.1-24-1 for eight (8) or fewer persons with intellectual or developmental disabilities shall be void and unenforceable as to those community residences.
History of Section.
P.L. 1985, ch. 275, § 1; P.L. 2023, ch. 61, § 6, effective June 14, 2023; P.L. 2023, ch. 62, § 6, effective June 14, 2023.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-26. - Expiration of recorded rights affecting real estate.

§ 34-4-26. Expiration of recorded rights affecting real estate.
(a)
Any recorded contract, deed or other instrument entered into which creates a preemptive right, right to repurchase, or a right of first refusal to purchase real estate, other than housing restrictions as set forth in § 34-39.1-3, and conservation restrictions and preservation restrictions as set forth in §§ 34-39-3 and 34-39-4, which by its own terms, does not provide for a specific expiration date, shall expire ten (10) years after the date of execution, or ten (10) years after recording, if no date of execution is contained in the instrument. If these rights are created under a lease, then the rights shall expire on the termination or expiration of the lease.
(b)
Any rights created prior to the passage of this act may be extended for a period of ten (10) years by refiling a Notice of Intention to extend said rights in the Land Evidence Records prior to July 1, 1991.
History of Section.
P.L. 1989, ch. 374, § 1; P.L. 2006, ch. 368, § 1; P.L. 2006, ch. 464, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-27. - Title to real estate — Trusts.

§ 34-4-27. Title to real estate — Trusts.
(a)
Property to be held in trust shall be conveyed to the trustees of the subject trust. An affidavit or memorandum of trust may be recorded in connection with the creation, amendment, restatement, or revocation of a trust. Any transfer or mortgage of trust property by the trustees shall require the recording of the trust instrument as amended or restated, or, in the alternative, the recording of the affidavit or memorandum of trust. An affidavit or memorandum of trust shall be executed either by each settlor of the trust, or by each current trustee and shall include the following information:
(1)
Name of the trust, including the name of each settlor, the name of each original trustee, and the date of the original instrument and of each amendment or restatement;
(2)
Names of the current trustees;
(3)
Statement as to whether the trustees have the power to perform discretionary acts as trustees without the consent, concurrence, or direction of the beneficiaries;
(4)
Statement as to the trustee’s authority to convey, mortgage, lease, or grant restrictions or easements or any other interest in the real estate, with a copy of the relevant provisions of the trust attached to the affidavit or memorandum;
(5)
Statement as to whether anything in the trust derogates from the power of the trustees to convey, mortgage, lease, or grant restrictions or easements or any other interest in real estate;
(6)
Statement as to whether the trust has been revoked or has otherwise terminated and, if the trust has been revoked or has otherwise terminated, a statement as to the trustees’ power to convey trust property to effect such revocation or termination;
(7)
Statement as to the manner in which the trustees are replaced and successor trustees are appointed;
(8)
Statement regarding the time and manner in which the trust terminates as well as a statement as to whether the trust is revocable and, if revocable, the circumstances under which it becomes irrevocable; and
(9)
Statement regarding the date and place of death of the settlor (if applicable).
(b)
Any third party without actual knowledge to the contrary may rely on the validity of the statements contained in the affidavit or memorandum of trust.
(c)
Any amendment or revocation of a trust or an affidavit or memorandum thereof must be recorded to constitute notice to third parties.
(d)
The provisions of this section shall apply to all transactions regarding all trusts and recorded instruments pertaining to real property recorded on or after the effective date of this act.
History of Section.
P.L. 1994, ch. 106, § 1; P.L. 1995, ch. 314, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-28. - Title to real estate — Trusts — Conveyance to named trust.

§ 34-4-28. Title to real estate — Trusts — Conveyance to named trust.
Notwithstanding the provisions of § 34-4-27, title to real estate derived from a conveyance to a named trust by an instrument in which the trustees are not named as grantees is not on that account defective, and the conveyance shall be deemed to vest title to the real estate in the trustees of the named trust.
History of Section.
P.L. 2000, ch. 357, § 1; P.L. 2000, ch. 502, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-29. - Governmental covenants and restrictions.

§ 34-4-29. Governmental covenants and restrictions.
Notwithstanding anything in this chapter to the contrary, nothing in this chapter shall be deemed to limit the duration of expiration of any restriction, whether recorded or not, that is contained in the written decision of any governmental body, agency, or permit-granting authority. If said covenant or restriction is unlimited in time in the decision, then it shall be deemed to be a perpetual covenant or restriction.
History of Section.
P.L. 2006, ch. 368, § 2; P.L. 2006, ch. 464, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-4 - Estates in Real Property › Section 34-4-30. - Conveyance to or by nominee trust.

§ 34-4-30. Conveyance to or by nominee trust.
(a)
Notwithstanding the provisions of § 34-4-27, title to real estate conveyed to a nominee trust or to the trustee of a nominee trust and conveyances of real estate by a trustee of a nominee trust are not on that account defective, and the conveyance shall be deemed valid so long as the following shall have occurred:
(1)
A memorandum of trust pursuant to § 34-4-27 shall have been properly prepared and recorded; and
(2)
The trustee of the nominee trust shall include in the memorandum of trust a statement to the effect that the trustee has received the consent of each of the beneficiaries authorizing the action of the trustee as required by the nominee trust.
(b)
A trustee executing a memorandum of trust and representing that they have obtained the consent of the beneficiaries shall be subject to personal liability to each of the beneficiaries as well as the grantees and the grantees’ successors and/or assigns under the instrument purported to be executed with the consent of the beneficiaries, in the event such consent was not obtained.
(c)
A nominee trust is defined as a trust in which the trustee(s) is/are not granted discretionary authority to act without the consent, concurrence, or direction of the beneficiaries.
History of Section.
P.L. 2016, ch. 58, § 1; P.L. 2016, ch. 59, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-5 - Disclaimer of Certain Property Interests › Section 34-5-1. - Definitions.

§ 34-5-1. Definitions.
The following words as used in this chapter shall have these meanings:
(1)
“Beneficiary” means any person to whom, and any estate, trust, corporation, or other legal entity to which, an interest in property would pass in any manner described in § 34-5-2, except for the execution and filing of a disclaimer in accordance with the provisions of this chapter.
(2)
An “interest in property” which may be disclaimed shall include:
(i)
Any legal or equitable interest or estate, whether present, future, or contingent, in any real or personal property, or in any fractional part, share, or portion thereof, or in any dollar amount thereof, or in any specific asset or assets thereof;
(ii)
Any fractional part, share or portion of any interest described in subdivision (i), or remainder or life estate or other lesser estate therein.
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 34-5-2. - Disclaimer of interest in estate.

§ 34-5-2. Disclaimer of interest in estate.
(a)
Unless barred by the provisions of § 34-5-9, a beneficiary may disclaim any interest in property which, except for the execution and filing of a disclaimer in accordance with the provisions of this chapter, would pass to the beneficiary:
(1)
By intestate succession, devise, legacy, bequest; as beneficiary of a testamentary trust or beneficiary of a testamentary gift to a nontestamentary trust; by succession in any manner described in this subdivision to a disclaimed interest; or in any other manner not specified above under a testamentary instrument or by operation of any statute or rule of law governing devolution or disposition of property upon or after a person’s death.
(2)
As donee, grantee, beneficiary of an inter vivos trust, beneficiary of an insurance or annuity contract, or as surviving joint tenant or tenant by the entirety, except that a surviving joint tenant or tenant by the entirety may not disclaim that portion of an interest in joint property or property held by the entirety which is allocable to amounts contributed by him or her to the interest in that property; under any deed, assignment, or other nontestamentary instrument of conveyance or transfer; by succession in any manner described in this subdivision to a disclaimed interest; or in any other manner not specified above under a nontestamentary instrument or by operation of any statute or rule of law.
(b)
Disclaimer may be made as provided in § 34-5-3 by the duly appointed guardian or conservator of a beneficiary or by the legal representative of a deceased beneficiary’s estate.
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 34-5-3. - Disclaimer by fiduciaries.

§ 34-5-3. Disclaimer by fiduciaries.
The probate court having jurisdiction of the estate of a beneficiary is empowered to authorize the duly appointed guardian or conservator of the beneficiary or the legal representative of the estate of a deceased beneficiary to execute and file a disclaimer on behalf of the beneficiary or deceased beneficiary’s estate in accordance with the provisions of this chapter. This authority shall be granted, notwithstanding any diminution in the size of the estate of the beneficiary or of the deceased beneficiary by virtue of the proposed disclaimer, upon finding that the proposed disclaimer is not detrimental to the interests of the beneficiary or of the estate of the deceased beneficiary, as the case may be.
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 34-5-4. - Form of disclaimer.

§ 34-5-4. Form of disclaimer.
A disclaimer shall be in writing, shall describe the interest in property being disclaimed, shall declare the disclaimer and the extent of the disclaimer, shall be clear and unequivocal, and shall be signed by the beneficiary, the duly appointed guardian or conservator of a beneficiary or the legal representative of a deceased beneficiary’s estate.
History of Section.
P.L. 1980, ch. 392, § 2.