reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-16. - Construction or repair of fence by complainant — Action for cost and penalties.

§ 34-10-16. Construction or repair of fence by complainant — Action for cost and penalties.
If the order shall not be complied with the complainant may build, repair, or rebuild the fence in the manner set forth in the order, and when the fence shall be completed to the satisfaction of such fence viewer he or she shall ascertain the cost thereof and give a certificate of the same, including also his or her fees, to the complainant, who shall be entitled to demand and recover of the party delinquent double the sum in the certificate mentioned, and interest at the rate of twelve per cent (12%) per annum. The fence viewer shall lodge a like certificate, to be signed by him or her, in the town clerk’s office of the town in which the land lies, and the double sum above-mentioned shall be a lien on the land of the delinquent party, and shall attach at and from the time of the filing of the order in the town clerk’s office, as provided in § 34-10-15, and may be recovered in a civil action. If the defendant cannot be found within the state, the writ shall be served by leaving an attested copy thereof in the clerk’s office of the town wherein the land is situated, and the judgment in the action may be satisfied by an execution issued thereon, levied and served in the same manner as provided for the levy and service of executions in actions at law.
History of Section.
G.L. 1896, ch. 126, § 6; P.L. 1902, ch. 992, § 1; G.L. 1909, ch. 152, § 10; G.L. 1923, ch. 182, § 10; G.L. 1938, ch. 645, § 10; G.L. 1956, § 34-10-16.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-17. - Settlement of controversies by viewer.

§ 34-10-17. Settlement of controversies by viewer.
Whenever any controversy or dispute shall arise about the rights of the respective occupants or owners in division lines or partition fences and their obligations to maintain the same, either party may apply to a fence viewer of the town where the lands lie, who, after ten-days’ notice to each party, to be given as provided in § 34-10-15, may in writing determine the division line and assign to each his or her part of the partition fence, and direct the time within which each party shall erect, build, or repair his or her part of the fence, which line and assignment being recorded in the office of the town clerk, shall be binding on the parties and all succeeding owners and occupants of the lands, and they shall always thereafter maintain their respective parts of the fence, until the rights of the respective parties shall be differently determined in some proper action.
History of Section.
G.L. 1896, ch. 126, § 8; P.L. 1902, ch. 992, § 1; G.L. 1909, ch. 152, § 12; G.L. 1923, ch. 182, § 12; G.L. 1938, ch. 645, § 12; G.L. 1956, § 34-10-17.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-18. - Viewer’s fees.

§ 34-10-18. Viewer’s fees.
Every fence viewer shall be allowed six dollars ($6.00) per day for viewing any fence on complaint made to him or her for that purpose, which fees shall be paid in the first instance by the person complaining to him or her; and in case there shall appear to be good cause of complaint, may be by him or her recovered back of the person complained against.
History of Section.
G.L. 1896, ch. 126, § 13; G.L. 1909, ch. 152, § 17; G.L. 1923, ch. 182, § 17; P.L. 1923, ch. 469, § 1; G.L. 1938, ch. 645, § 17; G.L. 1956, § 34-10-18.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-19. - Neglect of duty by viewer.

§ 34-10-19. Neglect of duty by viewer.
If any fence viewer, to whom complaint shall be made against any person for a violation of any of the provisions imposed on him or her by this chapter, shall neglect or refuse to do the duty enjoined on him or her to do, the fence viewer so refusing shall forfeit five dollars ($5.00) for every instance of neglect, to be recovered by any person who shall sue for instances of neglect in the town where the fence viewer shall live.
History of Section.
G.L. 1896, ch. 126, § 12; G.L. 1909, ch. 152, § 16; G.L. 1923, ch. 182, § 16; G.L. 1938, ch. 645, § 16; G.L. 1956, § 34-10-19.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-10 - Fences › Section 34-10-20. - Spite fences.

§ 34-10-20. Spite fences.
A fence or other structure in the nature of a fence which unnecessarily exceeds six feet (6′) in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance, and any owner or occupant who is injured, either in the comfort or enjoyment of his or her estate thereby, may have an action to recover damages for the injury.
History of Section.
G.L. 1896, ch. 126, § 16, as enacted by P.L. 1909, ch. 416, § 1; G.L. 1923, ch. 182, § 20; G.L. 1938, ch. 645, § 20; G.L. 1956, § 34-10-20.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-1. - Conveyances required to be in writing and recorded.

§ 34-11-1. Conveyances required to be in writing and recorded.
Every conveyance of lands, tenements or hereditament absolutely, by way of mortgage, or on condition, use or trust, for any term longer than one year, and all declarations of trusts concerning the conveyance, shall be void unless made in writing duly signed, acknowledged as hereinafter provided, delivered, and recorded in the records of land evidence in the town or city where the lands, tenements or hereditaments are situated; provided, however, that the conveyance, if delivered, as between the parties and their heirs, and as against those taking by gift or devise, or those having notice thereof, shall be valid and binding though not acknowledged or recorded. A lease for the term of one year or less shall be valid although made by parol. Leases for terms of more than one year may be recorded with a memorandum of lease in writing rather than the original lease; provided, however, that the memorandum shall contain the names of the parties to be charged, a description of the real estate, the duration of the lease, including renewal options and purchase options.
History of Section.
G.L. 1896, ch. 202, § 2; G.L. 1909, ch. 253, § 2; G.L. 1923, ch. 297, § 2; G.L. 1938, ch. 435, § 1; G.L. 1956, § 34-11-1; P.L. 1979, ch. 231, § 1; P.L. 1981, ch. 380, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-1.1. - Signing and printing names.

§ 34-11-1.1. Signing and printing names.
The signatories and notaries public to all deeds, mortgages, transfers, assignments, and discharges of mortgages, leases, rental agreements, rescissions or assignments thereof, and contracts for the sale of land shall have their names typed or printed immediately beneath or adjacent to their signatures. Failure to comply herewith shall not affect the validity of any such instrument, but the recording fee for the instrument shall be increased by two dollars ($2.00).
History of Section.
P.L. 1979, ch. 231, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-1.2. - Name and address of grantee — Recording.

§ 34-11-1.2. Name and address of grantee — Recording.
Every deed presented for record shall contain or have endorsed upon it the name, residence and/or post office address of the grantee and that address shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. A city or town clerk may decline to accept a deed for recording which is not in compliance with the requirements of this section.
History of Section.
P.L. 1979, ch. 393, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-1.3. - Name and address of mortgagor and mortgagee — Recording.

§ 34-11-1.3. Name and address of mortgagor and mortgagee — Recording.
Every mortgage deed presented for record shall contain or have endorsed upon it the name and address of the mortgagor and mortgagee and the address shall be recorded as part of the mortgage deed. Failure to comply with this section shall not affect the validity of any mortgage deed, but the city or town clerk may charge an additional two dollars ($2.00) for a recording fee if the name and address does not appear on the instrument. The purpose of including the mortgagee’s address is to facilitate in the eventual discharge thereof, and also for purpose of any notice that may be sent to the mortgagor and mortgagee.
History of Section.
P.L. 1983, ch. 282, § 1; P.L. 1993, ch. 146, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-1.4. - Sale price recording.

§ 34-11-1.4. Sale price recording.
Every deed presented for recording due to the sale of property, which results in the transfer in ownership of the property, shall contain or have endorsed upon it the total dollar amount of the actual sale, which shall be recorded as part of the deed. A city or town clerk may decline to accept a deed for recording if the deed is not in compliance with this section. Failure to comply with this section shall not affect the validity of any deed.
History of Section.
P.L. 2006, ch. 309, § 1; P.L. 2007, ch. 340, § 6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-1.5. - Historical cemeteries.

§ 34-11-1.5. Historical cemeteries.
Every deed presented for recording a transfer in ownership of property that has located on it a historical cemetery registered pursuant to § 23-18-10.1 shall have endorsed upon the deed, in capital letters, a notation that a historical cemetery is located on the property. Failure to comply with this section shall not affect the validity of any deed.
History of Section.
P.L. 2011, ch. 117, § 3; P.L. 2011, ch. 126, § 3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-2. - Seal not required in conveyances.

§ 34-11-2. Seal not required in conveyances.
No seal shall be required to any instrument conveying lands, tenements or hereditaments; and any instrument purporting to convey lands, tenements or hereditaments may be referred to as, and shall be, a deed, though no seal be affixed thereto; and the word “covenant” used in any deed or instrument to which no seal is affixed, shall have the same effect as though a seal had been affixed thereto.
History of Section.
G.L. 1896, ch. 202, § 4; G.L. 1909, ch. 253, § 4; G.L. 1923, ch. 297, § 4; G.L. 1938, ch. 435, § 3; G.L. 1956, § 34-11-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-3. - Creation of co-tenancies by deed — Conveyances between husband and wife.

§ 34-11-3. Creation of co-tenancies by deed — Conveyances between husband and wife.
(a)
In deeds hereafter made, lands, tenements and hereditaments, or a thing in action, may be conveyed by a person to him or herself jointly with another person by the like means by which it might be conveyed by him or her to another person; and may in like manner, be conveyed by a husband to his wife and by a wife to her husband, alone or jointly with another person; and may also in like manner, be conveyed by a husband to himself and to his wife and by a wife to herself and to her husband as tenants by the entirety; and may also in like manner be conveyed by co-tenants to any one of the co-tenants.
(b)
A husband and his wife or any two (2) or more persons may convey real estate or interests therein to themselves as co-tenants under any tenancy allowable between them by law. This subsection shall not be construed so as to invalidate any deed of real estate or interest therein heretofore given by a husband and his wife or any two (2) or more persons to themselves as co-tenants under any tenancy allowable between them by law.
History of Section.
G.L. 1896, ch. 202, § 20; G.L. 1909, ch. 253, § 20; G.L. 1923, ch. 297, § 20; G.L. 1938, ch. 435, § 17; P.L. 1947, ch. 1915, § 1; P.L. 1955, ch. 3616, § 1; G.L. 1956, § 34-11-3; P.L. 1990, ch. 506, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-4. - Delivery of conveyance sufficient to pass title.

§ 34-11-4. Delivery of conveyance sufficient to pass title.
Any form of conveyance in writing, duly signed and delivered by the grantor, or the attorney of the grantor duly authorized, shall be operative to convey to the grantee all the possession, estate, title and interest, claim, demand or right of entry or action, of the grantor, absolutely in and to the land conveyed, unless otherwise expressly limited in estate, condition, use or trust, and if otherwise expressly limited, shall convey such property for the time or estate or on the condition, use or trust as declared, without any other act or ceremony; and if also duly acknowledged and recorded, shall be operative as against third parties.
History of Section.
G.L. 1896, ch. 202, § 11; G.L. 1909, ch. 253, § 11; G.L. 1923, ch. 297, § 11; P.L. 1926, ch. 839, § 2; G.L. 1938, ch. 435, § 10; G.L. 1956, § 34-11-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-5. - Releases and discharges effective without seal.

§ 34-11-5. Releases and discharges effective without seal.
Any instrument purporting to be a release of all claims and demands, or of any special demand, whatever be the consideration expressed therefor, and any discharge of mortgage in whole or in part, shall be construed to have that effect although no seal shall be affixed thereto.
History of Section.
G.L. 1896, ch. 202, § 12; G.L. 1909, ch. 253, § 12; G.L. 1923, ch. 297, § 12; G.L. 1938, ch. 435, § 11; G.L. 1956, § 34-11-5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-6. - Use of word “grant” not required.

§ 34-11-6. Use of word “grant” not required.
The use of the word “grant” is not necessary in order to convey tenements and hereditaments, corporeal or incorporeal.
History of Section.
G.L. 1896, ch. 202, § 19; G.L. 1909, ch. 253, § 19; G.L. 1923, ch. 297, § 19; G.L. 1938, ch. 435, § 16; G.L. 1956, § 34-11-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-7. - Warranties and rights of reentry not implied.

§ 34-11-7. Warranties and rights of reentry not implied.
The words, “give”, “grant”, or “exchange”, in any conveyance, shall imply no covenant, warranty, or right of reentry.
History of Section.
G.L. 1896, ch. 202, § 13; G.L. 1909, ch. 253, § 13; G.L. 1923, ch. 297, § 13; G.L. 1938, ch. 435, § 12; G.L. 1956, § 34-11-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-8. - Form of grants in tail.

§ 34-11-8. Form of grants in tail.
In a deed hereafter made, it shall be sufficient, in the limitation of an estate in tail, to use the words “heirs of the body”, or the words “in tail” without the words “heirs of the body”; and in the limitation of an estate in tail male or in tail female, to use the words “heirs male of the body”, or “heirs female of the body”, or the words “in tail male”, or “in tail female”, as the case requires, without the words “heirs male of the body”, or “heirs female of the body”.
History of Section.
G.L. 1896, ch. 202, § 21; G.L. 1909, ch. 253, § 21; G.L. 1923, ch. 297, § 21; P.L. 1927, ch. 1056, § 7; G.L. 1938, ch. 435, § 18; G.L. 1956, § 34-11-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-9. - Words importing failure of issue.

§ 34-11-9. Words importing failure of issue.
In any limitation of real or personal estate by deed, will or other instrument in writing, hereafter executed, the words “die without issue”, or “die without leaving issue”, or “leave no issue”, or “die without heirs of the body”, or any other words that may import either a want or failure of issue of any person in his or her lifetime or at the time of his or her death, or an indefinite failure of his or her issue, shall be construed to mean a want or failure of issue in the lifetime or at the death of such person, and not an indefinite failure of his or her issue, unless a contrary intention shall clearly appear by the instrument containing such limitations.
History of Section.
G.L. 1896, ch. 202, § 24; G.L. 1909, ch. 253, § 24; G.L. 1923, ch. 297, § 24; G.L. 1938, ch. 435, § 20; G.L. 1956, § 34-11-9.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-10. - Takers not party to indenture — Conveyance purporting to be indenture.

§ 34-11-10. Takers not party to indenture — Conveyance purporting to be indenture.
Under an indenture hereafter executed, an immediate estate or interest in any tenements or hereditaments, and the benefit of a condition or covenant respecting any tenements or hereditaments, may be taken, although the taker thereof be not named a party to that indenture; also any conveyance purporting to be an indenture shall have the effect of an indenture although not actually indented.
History of Section.
G.L. 1896, ch. 201, § 22; G.L. 1909, ch. 252, § 22; G.L. 1923, ch. 296, § 22; G.L. 1938, ch. 435, § 22; G.L. 1956, § 34-11-10.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-11. - Use of statutory forms.

§ 34-11-11. Use of statutory forms.
The forms set forth in § 34-11-12 may be used, and shall be sufficient for their respective purposes. They shall be known as “statutory forms” and may be referred to as such. They may be altered as circumstances require, and the authorization of such forms by this chapter shall not preclude the use of other forms.
History of Section.
P.L. 1927, ch. 1056, § 1; P.L. 1928, ch. 1171, § 1; G.L. 1938, ch. 436, § 1; G.L. 1956, § 34-11-11.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-13. - Construction of terms.

§ 34-11-13. Construction of terms.
(a)
Whenever the phrase “incorporation by reference” is used in §§ 34-11-14 — 34-11-31, the method of incorporation as indicated in the forms shall be sufficient, but this shall not be construed to preclude other methods.
(b)
Whenever the words “his heirs, executors and administrators” or “his executors, administrators” are used in §§ 34-11-14 — 34-11-31, they shall be construed, in the case of a corporation, to mean “its successors”; and whenever the words “his heirs and assigns” are so used, they shall be construed, in the case of a corporation, to mean “its successors and assigns.”
History of Section.
P.L. 1927, ch. 1056, § 1; P.L. 1928, ch. 1171, § 1; G.L. 1938, ch. 436, § 1; G.L. 1956, § 34-11-13.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-14. - Conveyances to which rules of construction apply.

§ 34-11-14. Conveyances to which rules of construction apply.
For the purpose of avoiding the unnecessary use of words in deeds or other instruments relating to real estate, whether the statutory forms or other forms are used, the rules and definitions contained in §§ 34-11-15 — 34-11-22 and in §§ 34-11-24 — 34-11-28 shall apply to all such instruments executed or delivered on or after the first day of July in the year 1927.
History of Section.
P.L. 1927, ch. 1056, § 2; P.L. 1928, ch. 1171, § 1; G.L. 1938, ch. 436, § 2; G.L. 1956, § 34-11-14.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-15. - Effect of warranty deed.

§ 34-11-15. Effect of warranty deed.
A deed substantially following the form entitled “Warranty Deed” shall, when duly executed, have the force and effect of a deed in fee simple to the grantee and his or her heirs and assigns, to his or her and their own use, with covenants on the part of the grantor, for himself or herself and for his or her heirs, executors, and administrators, with the grantee and his or her heirs and assigns,
(1)
That at the time of the delivery of such deed he or she is lawfully seised in fee simple of the granted premises,
(2)
That the granted premises are then free from all incumbrances,
(3)
That he or she has then good right, full power, and lawful authority to sell and convey the same to the grantee and his or her heirs and assigns,
(4)
That the grantee and his or her heirs and assigns shall at all times after the delivery of such deed peaceably and quietly have and enjoy the granted premises, and
(5)
That the grantor will, and his or her heirs, executors, and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons.
History of Section.
P.L. 1927, ch. 1056, § 3; G.L. 1938, ch. 436, § 3; G.L. 1956, § 34-11-15.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-16. - Meaning of warranty covenants.

§ 34-11-16. Meaning of warranty covenants.
In any conveyance of real estate the words “with warranty covenants” shall have the full force, meaning, and effect of the following words: “The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, that he or she is lawfully seised in fee simple of the granted premises; that the premises are free from all incumbrances; that he or she has good right, full power and lawful authority to sell and convey the premises to the grantee and his or her heirs and assigns; that the grantee and his or her heirs and assigns shall at all times hereafter peaceably and quietly have and enjoy the granted premises; and that the grantor will, and his or her heirs, executors and administrators shall, warrant and defend the premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons.”
History of Section.
P.L. 1927, ch. 1056, § 9; G.L. 1938, ch. 436, § 8; G.L. 1956, § 34-11-16.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-17. - Effect of quitclaim deed.

§ 34-11-17. Effect of quitclaim deed.
A deed substantially following the form entitled “Quitclaim Deed” shall, when duly executed, have the force and effect of a deed in fee simple to the grantee and his or her heirs and assigns, to his, her, and their own use, with covenants on the part of the grantor, for himself or herself and for his or her heirs, executors, and administrators, with the grantee and his or her heirs and assigns, that he or she will, and his or her heirs, executors, and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons claiming by, through, or under the grantor.
History of Section.
P.L. 1927, ch. 1056, § 4; G.L. 1938, ch. 436, § 4; G.L. 1956, § 34-11-17.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-18. - Meaning of quitclaim covenants.

§ 34-11-18. Meaning of quitclaim covenants.
In any conveyance of real estate the words “with quitclaim covenants” shall have the full force, meaning, and effect of the following words: “The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, that he or she will, and his or her heirs, executors and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons claiming by, through, or under the grantor.”
History of Section.
P.L. 1927, ch. 1056, § 10; G.L. 1938, ch. 436, § 9; G.L. 1956, § 34-11-18.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-19. - Contents and effect of short-form mortgage deed.

§ 34-11-19. Contents and effect of short-form mortgage deed.
A deed substantially following the form entitled “Mortgage Deed” shall, when duly executed, have the force and effect of a mortgage deed to the mortgagee and his or her heirs and assigns, to his or her and their own use, with mortgage covenants and upon the statutory condition and with the statutory power of sale, as defined in §§ 34-11-20 — 34-11-22 inclusive, to secure the payment of the money and the performance of any obligation or obligations therein specified or referred to; provided, however, that any other lawful covenant, agreement, condition or power may be inserted or incorporated by reference in such mortgage deed and any of the terms and provisions of the mortgage covenants, statutory condition and statutory power of sale may be changed, amended, deleted or supplemented by any lawful agreement, covenant, condition or power specified or incorporated by reference in such mortgage deed.
History of Section.
P.L. 1927, ch. 1056, § 11; G.L. 1938, ch. 436, § 10; G.L. 1956, § 34-11-19; R. P.L. 1957, ch. 112, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-20. - Meaning of mortgage covenants.

§ 34-11-20. Meaning of mortgage covenants.
In any conveyance of real estate the words “with mortgage covenants” shall have the full force, meaning, and effect of the following words, and shall be applied and construed accordingly: “The mortgagor, for himself or herself and for his or her heirs, executors, and administrators, covenants with the mortgagee and his or her heirs and assigns, that he or she is lawfully seised in fee simple of the mortgaged premises; that the same are free from all incumbrances; that he or she has good right, full power, and lawful authority to sell and convey the same to the mortgagee and his or her heirs and assigns; that the mortgagee and his or her heirs and assigns shall at all times hereafter peaceably and quietly have and enjoy the mortgaged premises and that the mortgagor will, and his or her heirs, executors, and administrators shall, warrant and defend the premises to the mortgagee and his or her heirs and assigns forever against the lawful claims and demands of all persons, and that the mortgagor and his or her heirs and assigns, in case a sale shall be made under the power of sale, will, upon request, execute, acknowledge, and deliver to the purchaser or purchasers such deed or deeds confirmatory of the sale as may be required; and that insurance against loss by fire shall be kept and maintained on the buildings, if any, on the mortgaged premises in such office or offices as the mortgagee or his or her heirs, executors, administrators, or assigns shall approve, in a sum not less than the amount secured by the mortgage deed, or as otherwise provided herein, and that the policy or policies of such insurance shall be delivered to and held by the mortgagee and assigned and transferred, or made payable in case of loss, to the mortgagee or his or her heirs, executors, administrators or assigns, as collateral security hereto, and in default thereof, that the mortgagee or his or her heirs, executors, administrators or assigns may effect such insurance in the name of the mortgagor or his or her heirs or assigns, payable in case of loss to the mortgagee or his or her heirs, executors, administrators or assigns, and that the premium or premiums paid therefor shall be a further charge upon the mortgaged premises.”
History of Section.
P.L. 1927, ch. 1056, § 12; P.L. 1928, ch. 1171, § 1; G.L. 1938, ch. 436, § 11; G.L. 1956, § 34-11-20.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-21. - Statutory mortgage condition.

§ 34-11-21. Statutory mortgage condition.
The following condition shall be known as the “statutory condition”, and may be incorporated in any mortgage by reference:
Provided, nevertheless, and this conveyance is made upon the express condition, that if the mortgagor or his or her heirs, executors, administrators or assigns shall pay to the mortgagee or his or her heirs, executors, administrators, or assigns the principal and interest of that certain promissory note bearing even date with this deed and secured by this deed, and shall perform every other obligation secured by this deed, at the time provided in the promissory note or in this deed, and shall also pay all taxes and assessments of every kind levied or assessed upon or in respect of the mortgaged premises, then this deed, as also the promissory note, shall become and be absolutely void to all intents and purposes whatsoever.
History of Section.
P.L. 1927, ch. 1056, § 13; G.L. 1938, ch. 436, § 12; G.L. 1956, § 34-11-21.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-23. - Mortgage to secure future loans.

§ 34-11-23. Mortgage to secure future loans.
A mortgage deed to secure present and future loans, as authorized and provided for in § 34-25-1, may be in statutory form if in the form provided in “(4) Mortgage Deed” of § 34-11-12, and if in addition it is entitled at the beginning “Mortgage to secure present and future loans under §§ 34-25-1 — 34-25-5” and contains in its provisions the provision required by § 34-25-1. A mortgage in statutory form, so entitled and containing those provisions shall, subject to the provisions of §§ 34-25-1 — 34-25-5 have the full force and effect provided in this chapter for a mortgage deed in statutory form, except that the “statutory condition” in such mortgage shall be construed to include payment of all additional or future loans made on the security as aforesaid of the mortgage as well as the payment and performance of every other obligation now provided for in the “statutory condition”.
History of Section.
G.L. 1938, ch. 436, § 23; P.L. 1952, ch. 3018, § 2; G.L. 1956, § 34-11-23.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-24. - Effect of assignment of mortgage.

§ 34-11-24. Effect of assignment of mortgage.
An assignment of mortgage substantially following the form entitled “Assignment of Mortgage” shall, when duly executed, have the force and effect of granting, bargaining, transferring and making over to the assignee, his or her heirs, executors, administrators, and assigns, the mortgage deed with the note and debt thereby secured, and all the right, title and interest of the mortgagee by virtue thereof in and to the estate described therein, to have and to hold the mortgage deed with the privileges and appurtenances thereof to the assignee, his or her heirs, executors, administrators and assigns in as ample manner as the assignor then holds the same, thereby substituting and appointing the assignee and his or her heirs, executors, administrators and assigns as the attorney or attorneys irrevocable of the mortgagor under and with all the powers in the mortgage deed granted and contained.
History of Section.
P.L. 1927, ch. 1056, § 15; G.L. 1938, ch. 436, § 14; G.L. 1956, § 34-11-24.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-25. - Use of “assign” sufficient to transfer mortgage.

§ 34-11-25. Use of “assign” sufficient to transfer mortgage.
In any assignment of a mortgage of real estate the word “assign” shall be sufficient word to transfer the mortgage, without the words “transfer and set over”.
History of Section.
P.L. 1927, ch. 1056, § 16; G.L. 1938, ch. 436, § 15; G.L. 1956, § 34-11-25.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-26. - Use of word “grant” sufficient.

§ 34-11-26. Use of word “grant” sufficient.
In any conveyance of real estate the word “grant” shall be a sufficient word of conveyance without the use of any of the words “give”, “bargain”, “sell”, and “convey”; and no covenant or warranty shall be implied from the use of any of the words “grant”, “grantor”, and “grantee”.
History of Section.
P.L. 1927, ch. 1056, § 5; G.L. 1938, ch. 436, § 5; G.L. 1956, § 34-11-26.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-27. - Words of inheritance not required — Fee simple presumed.

§ 34-11-27. Words of inheritance not required — Fee simple presumed.
In any conveyances or reservation of real estate the terms “heirs”, “assigns”, or other technical words of inheritance shall not be necessary to convey or reserve an estate in fee simple. A deed or reservation of real estate shall be construed to convey or reserve an estate in fee simple, unless a different intention appears in such deed or reservation.
History of Section.
P.L. 1927, ch. 1056, § 6; G.L. 1938, ch. 436, § 6; G.L. 1956, § 34-11-27.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-28. - Rights, privileges, and appurtenances included in grant.

§ 34-11-28. Rights, privileges, and appurtenances included in grant.
In any conveyance of real estate all rights, privileges, and appurtenances belonging or appertaining to the granted estate shall be included in the conveyance, unless a different intention shall clearly appear in the deed, and it shall be unnecessary to enumerate or mention them either generally or specifically.
History of Section.
P.L. 1927, ch. 1056, § 8; G.L. 1938, ch. 436, § 7; G.L. 1956, § 34-11-28.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-29. - Newspapers eligible for publication of notice.

§ 34-11-29. Newspapers eligible for publication of notice.
Whenever it is required under this chapter that any notice or publication shall be published in a public newspaper, the newspaper shall be held to mean a public newspaper that has been regularly published for at least six (6) months prior to the first publication of the notice, or a merged or consolidated public newspaper formed by the merger or consolidation of two (2) or more public newspapers, one of which has been regularly published for a least six (6) months prior to the first publication of notice.
History of Section.
P.L. 1927, ch. 1056, § 21; P.L. 1934, ch. 2120, § 2; G.L. 1938, ch. 436, § 20; G.L. 1956, § 34-11-29.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-30. - Validation of deeds executed under defective law.

§ 34-11-30. Validation of deeds executed under defective law.
Notwithstanding the error in § 1 of chapter 1056 of the public laws of 1927, in which reference was erroneously made to § 16 thereof instead of to § 17 thereof, and notwithstanding the error in § 2 of chapter 1056 in which reference is erroneously made to § 15 thereof instead of to § 16 thereof, all instruments executed on any day between July 1, 1927, and April 19, 1928, both inclusive, in which any of the statutory forms authorized by chapter 1056 have been substantially followed are hereby declared of the same force and effect as if chapter 1056 as originally enacted had not contained those errors.
History of Section.
P.L. 1928, ch. 1172, § 2; G.L. 1938, ch. 436, § 21; G.L. 1956, § 34-11-30.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-31. - Application of previous deeds to successors.

§ 34-11-31. Application of previous deeds to successors.
All instruments executed at any time during the period specified in § 34-11-30, in which any of the statutory forms authorized by chapter 1056 have been substantially followed are hereby declared of the same force and effect as if chapter 1056 as originally enacted had contained the words “his or her heirs, executors, administrators and successors” wherever it contains the words “his or her heirs, executors and administrators” and had contained the words “his or her executors, administrators, successors” whenever it contains the words “his or her executors, administrators” and had contained the words “his or her heirs, successors and assigns” wherever it contains the words “his or her heirs and assigns.”
History of Section.
P.L. 1928, ch. 1172, § 3; G.L. 1938, ch. 436, § 22; G.L. 1956, § 34-11-31.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-32. - Application of covenants to successors in interest.

§ 34-11-32. Application of covenants to successors in interest.
A covenant hereafter made relating to land of inheritance shall be deemed to be made with the covenantee, his or her heirs and assigns, and shall have effect as if heirs and assigns were expressed; a covenant hereafter made relating to land not of inheritance shall be deemed to be made with the covenantee, his or her executors, administrators, successors and assigns, and shall have effect as if executors, administrators, successors and assigns where expressed; provided, in either case, that no express provision be made to the contrary.
History of Section.
G.L. 1896, ch. 202, § 23; G.L. 1909, ch. 253, § 23; G.L. 1923, ch. 297, § 23; G.L. 1938, ch. 435, § 19; G.L. 1956, § 34-11-32.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-33. - Liability on covenant against incumbrances.

§ 34-11-33. Liability on covenant against incumbrances.
Whoever hereafter conveys real estate by deed or mortgage containing a covenant that it is free from all incumbrances when an incumbrance appears of record to exist thereon, whether known or unknown to him or her, shall be liable to the grantee, his or her heirs, executors, administrators, successors or assigns, for all damages and expenses sustained by reason of or in removing the incumbrance.
History of Section.
G.L. 1896, ch. 202, § 14; G.L. 1909, ch. 253, § 14; G.L. 1923, ch. 297, § 14; G.L. 1938, ch. 435, § 13; G.L. 1956, § 34-11-33.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-34. - Conveyances executed by attorney — Recording of power.

§ 34-11-34. Conveyances executed by attorney — Recording of power.
Any conveyance executed by attorney shall be as valid as if executed by the grantor himself, providing that a power of attorney be given by such grantor for this purpose; which power and the deed executed by the attorney thereunder shall be signed, acknowledged, delivered and recorded with like formalities prescribed by law concerning deeds from grantors in person.
History of Section.
G.L. 1896, ch. 202, § 16; G.L. 1909, ch. 253, § 16; G.L. 1923, ch. 297, § 16; G.L. 1938, ch. 435, § 15; G.L. 1956, § 34-11-34.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-35. - Delivery of recorded instrument, when presumed.

§ 34-11-35. Delivery of recorded instrument, when presumed.
When a duly signed and acknowledged instrument recorded on or after May 8, 1969 purporting to affect the title to real estate has been on record for a period of six (6) years, and, as to instruments recorded prior to May 8, 1969, for a period of six (6) years including two (2) years after May 8, 1969, it shall be conclusive evidence, in favor of purchasers and encumbrancers for value without notice claiming thereunder, that such instrument was in fact duly delivered by the person, persons, party, or parties executing the instrument to the person, persons, party, or parties, if any, named in the instrument as the grantee(s), mortgagee(s), or other recipient(s) thereof.
History of Section.
G.L., § 34-11-35, as enacted by P.L. 1969, ch. 71, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-36. - Defective acknowledgments.

§ 34-11-36. Defective acknowledgments.
Any acknowledgment of or upon any instrument used in conveying, directly or indirectly, any interest in real estate in this state, including power of attorney, where the instrument has been on record for a period of ten (10) years, shall be construed to be a valid acknowledgment in accordance with the requirements of chapter 12 of this title; provided, nevertheless, that if, within the period of ten (10) years, a proceeding is commenced in superior court relative to the validity of the acknowledgment, and a notice of lis pendens is duly recorded and indexed with the appropriate records of land evidence, the instrument shall be subject to the further order of the court involved in any such proceeding.
History of Section.
P.L. 1980, ch. 147, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-37. - Indefinite references to “trustee”.

§ 34-11-37. Indefinite references to “trustee”.
The word “trustee” or the words “as trustee” or words of similar meaning, following the name of the grantee of real estate or any interest therein conveyed, transferred or assigned by an instrument duly executed and recorded, wherein the instrument fails to set forth the terms of the trust, or to specify a recorded instrument which sets forth its terms and the place in the public records where the instrument is recorded, shall not affect the right of such grantee to sell or otherwise dispose of the real estate or interest therein in the same manner as if the word “trustee” or the words “as trustee” had not been used in the instrument, and any person to whom the real estate or interest therein has been transferred by the grantee shall not be liable for the claim of any undisclosed beneficiary or for the application of any money which may have been paid by the person therefor.
History of Section.
P.L. 1981, ch. 254, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-38. - Rule against perpetuities reform.

§ 34-11-38. Rule against perpetuities reform.
The common law rule against perpetuities shall no longer be deemed to be in force and/or of any effect in this state, provided, the provisions of this section shall not be construed to invalidate or modify the terms of any interest which would have been valid prior to the effective date of this act, and, provided further, that the provisions of this section shall apply to both legal and equitable interests.
History of Section.
P.L. 1983, ch. 214, § 1; P.L. 1999, ch. 403, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-39. - Penalty for sale of lands in West Warwick subject to sewer assessment.

§ 34-11-39. Penalty for sale of lands in West Warwick subject to sewer assessment.
Whoever, being the owner, or agent of the owner, of any property located in West Warwick which is or may be subject to a sewer assessment, transfers, sells, or negotiates to sell any land without a written disclosure contained in the purchaser’s sales agreement to the effect that all or part of the land has been so previously determined to be subject to a sewer assessment by the town of West Warwick shall be subject to a penalty of one hundred dollars ($100) for each lot or part thereof so transferred, sold, or negotiated for sale without written disclosure. The disclosure shall indicate that sewer assessments in the town are assessed according to the value of the land rather than by a flat fee per lot or by the frontage of any lot. The purchaser may recover the penalty by civil action in any court of competent jurisdiction.
History of Section.
P.L. 1988, ch. 32, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-40. - Repealed.

§ 34-11-40. Repealed.
History of Section.
P.L. 1991, ch. 59, § 1; Repealed by P.L. 1992, ch. 425, § 7, effective June 1, 1993.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-41. - Reimposition of restrictive covenants.

§ 34-11-41. Reimposition of restrictive covenants.
The mere recital in a deed or other instrument of conveyance to the effect that the conveyance is subject to restrictive covenants or other restrictions shall not operate to impose, reimpose, or recreate the restrictive covenants or other restrictions which have expired according to their terms or which have ceased to be valid and operative by virtue of the provisions of § 34-4-21, unless the intent to make the imposition, reimposition, or recreation is expressly stated in the instrument of conveyance, or unless the instrument whereby the restrictive covenants or other restrictions were created provides for automatic renewal or extension of the covenants.
History of Section.
P.L. 1991, ch. 359, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-42. - Transfer fees prohibited.

§ 34-11-42. Transfer fees prohibited.
No person or business entity who sells real property shall charge, collect, receive, or be entitled to a fee based solely on the subsequent resale or transfer of said property. This prohibition includes, but is not limited to, fees or charges imposed by a real estate developer based upon the subsequent resale or transfer of said real property. Any housing development that is covered by the definition in § 45-53-3(9) is exempt from this section. Further, any fee or charge connected with the transfer of properties with a conservation restriction as defined in § 34-39-2(a) is exempt from the provisions of this section. Further, community associations, including, but not limited to, condominium associations, homeowners associations and cooperative associations, are exempt from this section. Any covenant recorded on or after July 1, 2012, imposing any charge or fee inconsistent with this section shall be void and unenforceable against any subsequent owner, purchaser or mortgagee.
History of Section.
P.L. 2012, ch. 274, § 1; P.L. 2012, ch. 286, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-43. - Effect of special warranty deed.

§ 34-11-43. Effect of special warranty deed.
A deed entitled “special warranty deed” shall, when duly executed, have the force and effect of a deed in fee simple to the grantee and his or her heirs and assigns, to his, her, and their own use, with covenants on the part of the grantor, for himself or herself and for his or her heirs, executors, and administrators, with the grantee and his or her heirs and assigns, that he or she will, and his or her heirs, executors, and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons claiming by, through, or under the grantor.
History of Section.
P.L. 2016, ch. 113, § 1; P.L. 2016, ch. 122, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-11 - Form and Effect of Conveyances › Section 34-11-44. - Meaning of special warranty covenants.

§ 34-11-44. Meaning of special warranty covenants.
In any deed of conveyance of real estate, the use of the words “special warranty” in the title of said deed, and/or use of the words “special warranty covenants” in the body of said deed shall have the full force, meaning, and effect of the following words: “The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, that he or she will, and his or her heirs, executors, and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons claiming, by, through, or under the grantor.”
History of Section.
P.L. 2016, ch. 113, § 1; P.L. 2016, ch. 122, § 1.