reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-1. - Cotenants of estates of inheritance.

§ 34-15-1. Cotenants of estates of inheritance.
All joint tenants, coparceners, and tenants in common, who now are or hereafter may be actually seised or possessed of any estate of inheritance in any lands, tenements or hereditaments, whether in their own right or as receiver appointed by any state or federal court, or as trustee in bankruptcy, may be compelled to make partition between them of those lands, tenements, and hereditaments by civil action.
History of Section.
G.L. 1896, ch. 265, § 2; G.L. 1909, ch. 330, § 2; G.L. 1923, ch. 381, § 2; G.L. 1938, ch. 586, § 2; P.L. 1956, ch. 3730, § 1; G.L. 1956, § 34-15-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-2. - Cotenants of estates for life or years.

§ 34-15-2. Cotenants of estates for life or years.
All joint tenants, coparceners, and tenants in common, who now are or hereafter may be actually seised or possessed of any estate for life or years in any lands, tenements, or hereditaments, may be compelled to make the partition between them of such lands, tenements, and hereditaments, to continue until the estate of some of the parties to the lands, tenements, or hereditaments shall determine, and no longer, by civil action.
History of Section.
G.L. 1896, ch. 265, § 3; G.L. 1909, ch. 330, § 3; G.L. 1923, ch. 381, § 3; G.L. 1938, ch. 586, § 3; G.L. 1956, § 34-15-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-3. - Cotenants of estates of inheritance and for life or years.

§ 34-15-3. Cotenants of estates of inheritance and for life or years.
All joint tenants, coparceners, and tenants in common, who now are or hereafter may be actually seised or possessed of any estate for life or years in any lands, tenements, or hereditaments, with others who have estates of inheritance in possession in the same lands, tenements, and hereditaments, may compel or be compelled to make partition of those lands, tenements, and hereditaments, to continue until the estate of some of the parties shall determine, and no longer, by civil action.
History of Section.
G.L. 1896, ch. 265, § 4; G.L. 1909, ch. 330, § 4; G.L. 1923, ch. 381, § 4; G.L. 1938, ch. 586, § 4; G.L. 1956, § 34-15-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-4. - Action by executor or administrator as tenant in common.

§ 34-15-4. Action by executor or administrator as tenant in common.
An executor or administrator with the will annexed, having, by the terms of the testator’s will, power to sell any undivided interest in any real estate of which his or her testator died seised, shall have the power to bring an action to effect a partition of the real estate in accordance with the provisions of this chapter. “Tenant in common” as used in this chapter shall include an executor or administrator acting under this section.
History of Section.
G.L., ch. 586, § 31, as enacted by P.L. 1942, ch. 1147, § 1; G.L. 1956, § 34-15-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-5. - Joinder of reversioner or remainderman with tenant for life or years.

§ 34-15-5. Joinder of reversioner or remainderman with tenant for life or years.
If the tenant in reversion or remainder in fee joins with the tenant for life or years in compelling partition of any lands, tenements, or hereditaments, against the other co-tenants, the partition shall be of the whole estate, and binding on the heirs and assigns of all parties. No action for partition under this section shall abate by the death of the tenant for life or years or the expiration of the term for years, but the surviving plaintiff may prosecute the action to final judgment and execution.
History of Section.
G.L. 1896, ch. 265, § 5; G.L. 1909, ch. 330, § 5; G.L. 1923, ch. 381, § 5; G.L. 1938, ch. 586, § 5; G.L. 1956, § 34-15-5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-6. - Venue when land situated in two (2) or more counties.

§ 34-15-6. Venue when land situated in two (2) or more counties.
Partition of real estate held in joint tenancy or in common, and situated in two (2) or more counties in the state, may be sued for in any county in which any of the real estate is situated.
History of Section.
G.L. 1896, ch. 265, § 6; C.P.A. 1905, § 1164; G.L. 1909, ch. 330, § 6; G.L. 1923, ch. 381, § 6; G.L. 1938, ch. 586, § 6; G.L. 1956, § 34-15-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-7. - Notice to absent or unknown parties.

§ 34-15-7. Notice to absent or unknown parties.
In actions for partition of real estate, in which it may be alleged or may appear that any party or person interested therein, not a party plaintiff, is not a resident of the state, or where it is alleged or may appear that any person interested has left the state and it is not known where that person is or whether alive or dead, and, if dead, whether that person has left children, or whether some person unknown to the plaintiff is interested therein, the court before whom the action is pending may order notice to be given to any such party or person, by ordering a copy of its order to be published in some newspaper published in this state for such length of time as it may deem proper, and may also, in its discretion, order letters, postpaid and directed to the party or person, to be deposited in the post office; and where notice is given as ordered by the court, it may proceed and render judgment in the action in the same manner and with the same effect as if the party or person had received actual or personal notice or had appeared and answered to the action.
History of Section.
G.L. 1896, ch. 265, § 7; G.L. 1909, ch. 330, § 7; G.L. 1923, ch. 381, § 7; G.L. 1938, ch. 586, § 7; G.L. 1956, § 34-15-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-8. - Notice to absentee by service on tenant in possession.

§ 34-15-8. Notice to absentee by service on tenant in possession.
If a person named defendant in a complaint for partition, being an inhabitant of this state, is temporarily absent from the state, so that, although it may be known where the person is, the complaint or subpoena cannot be personally served upon him or her, legal service may be made by leaving a copy of the complaint or subpoena with the tenant in possession of the estate whereof partition is demanded, if there is a tenant.
History of Section.
G.L. 1896, ch. 265, § 8; G.L. 1909, ch. 330, § 8; G.L. 1923, ch. 381, § 8; G.L. 1938, ch. 586, § 8; G.L. 1956, § 34-15-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-9. - Continuance on failure of absentee to appear — Appointment of agent.

§ 34-15-9. Continuance on failure of absentee to appear — Appointment of agent.
If the defendant does not appear to answer the partition action, the cause shall be continued or delayed until his or her return, provided the defendant on or before the expiration of three (3) months from the time when the proceeding shall have been commenced, at which time, if the defendant does not appear to answer the action, the court shall appoint some discreet and disinterested person as agent of the defendant, who shall defend the action, and in case judgment is rendered for partition, shall attend to the partition to be made and take care of the interest of the person for whom he or she has been appointed agent as aforesaid.
History of Section.
G.L. 1896, ch. 265, § 9; G.L. 1909, ch. 330, § 9; G.L. 1923, ch. 381, § 9; G.L. 1938, ch. 586, § 9; G.L. 1956, § 34-15-9.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-10. - Summons of party omitted from original process.

§ 34-15-10. Summons of party omitted from original process.
In any action for partition, if any person who ought to be a party to the action is omitted, the action shall not be thereby abated; but if the omission of the party is pleaded, a summons shall issue to the person thus omitted, which summons shall be served in the manner prescribed by law at least twenty (20) days before trial, and the person may come in and defend in the same manner as though he or she had been originally made a party to the action, and if the person thus summoned appears or neglects to appear, his or her name may be inserted in the process by the court, and judgment shall be rendered in the action in the same manner as if the person had been originally a party.
History of Section.
G.L. 1896, ch. 265, § 10; G.L. 1909, ch. 330, § 10; G.L. 1923, ch. 381, § 10; G.L. 1938, ch. 586, § 10; G.L. 1956, § 34-15-10.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-11. - Appointment of guardian ad litem.

§ 34-15-11. Appointment of guardian ad litem.
If, in any such action, the defendant is an infant, of unsound mind or otherwise incapacitated to take care of his or her right and estate, the court before which such action shall be pending shall appoint some discreet and disinterested person as guardian to defend the infant, person of unsound mind, or person otherwise incapacitated, against the action, and in case of judgment for partition, to attend to the partition to be made, and take charge of the interest of the person for whom he or she is appointed guardian.
History of Section.
G.L. 1896, ch. 265, § 11; G.L. 1909, ch. 330, § 11; G.L. 1923, ch. 381, § 11; G.L. 1938, ch. 586, § 11.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-12. - Death of party — Substitution of heirs or devisees.

§ 34-15-12. Death of party — Substitution of heirs or devisees.
No action for partition shall be abated by the decease of either of the parties plaintiff or defendant in the action. In case of the decease of either of the plaintiffs or defendants in the action, the court shall cause the heirs at law or devisees of the deceased party to be notified of the pendency of the action in the same manner as if they had been parties in the original action, and may, after the notice has been given, render judgment in the action in the same manner as might have been done had the heirs or devisees been original parties in the action.
History of Section.
G.L. 1896, ch. 265, § 12; G.L. 1909, ch. 330, § 12; G.L. 1923, ch. 381, § 12; G.L. 1938, ch. 586, § 12; G.L. 1956, § 34-15-12.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-13. - Voluntary appearance by heirs or devisees of deceased party.

§ 34-15-13. Voluntary appearance by heirs or devisees of deceased party.
If the deceased person’s heirs or devisees voluntarily appear in court without notice as provided in § 34-15-12, the court may proceed without further delay to try, render judgment, and proceed in the action.
History of Section.
G.L. 1896, ch. 265, § 13; G.L. 1909, ch. 330, § 13; G.L. 1923, ch. 381, § 13; G.L. 1938, ch. 586, § 13; G.L. 1956, § 34-15-13.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-14. - Joint or several answers.

§ 34-15-14. Joint or several answers.
In actions for partition against several defendants, each of the defendants may answer severally, or any two (2) or more may answer jointly, and in their answers set forth the right or interest which they and each of them have in the estate for the partition of which the action is commenced.
History of Section.
G.L. 1896, ch. 265, § 14; G.L. 1909, ch. 330, § 14; G.L. 1923, ch. 381, § 14; G.L. 1938, ch. 586, § 14; G.L. 1956, § 34-15-14.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-15. - Order to set off share of party.

§ 34-15-15. Order to set off share of party.
In actions for partition, the court may order the share of any plaintiff or of any defendant, or of any two (2) or more of the parties plaintiff and defendant, to be set off to the party or parties, dividing the remainder or leaving it undivided, in its discretion.
History of Section.
G.L. 1896, ch. 265, § 15; G.L. 1909, ch. 330, § 15; G.L. 1923, ch. 381, § 15; G.L. 1938, ch. 586, § 15; G.L. 1956, § 34-15-15.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-16. - Order of sale.

§ 34-15-16. Order of sale.
In an action for partition, the superior court may, in its discretion, upon motion of any party to the action, order the whole premises sought to be divided, or any particular lot, portion, or tract thereof or the interest of the plaintiff or plaintiffs or of the defendant or defendants in the whole premises, or in any particular lot, portion, or tract thereof, to be sold, either at public auction or by private contract, under the direction of the court, by the commissioner or commissioners appointed to divide or sell the same; provided, that if the sale is made by private contract, it shall not be made for less than the sum fixed by the court in its decree authorizing the sale by private contract.
History of Section.
G.L. 1896, ch. 265, § 16; C.P.A. 1905, § 1220; G.L. 1909, ch. 330, § 16; P.L. 1914, ch. 1084, § 1; G.L. 1923, ch. 381, § 16; G.L. 1938, ch. 586, § 16; G.L. 1956, § 34-15-16.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-17. - Sale binding on parties to action.

§ 34-15-17. Sale binding on parties to action.
No person interested in the estate and not a party to the action shall be bound by the sale, but the court may, upon motion, proceed to make all persons interested in the estate parties to the action, though nonresident, absent, or unknown, in the manner provided in this chapter; in which case, if the whole of their shares of the estate are ordered to be sold, the decree shall forever thereafter, in favor of the purchaser of the estate or shares, and of those claiming under or by virtue of the purchaser, be binding upon such nonresident, absent, or unknown person although not appearing to the action.
History of Section.
G.L. 1896, ch. 265, § 17; G.L. 1909, ch. 330, § 17; G.L. 1923, ch. 381, § 17; G.L. 1938, ch. 586, § 17; G.L. 1956, § 34-15-17.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-18. - Division of proceeds of sale — Share set aside for absent or unknown parties.

§ 34-15-18. Division of proceeds of sale — Share set aside for absent or unknown parties.
In case of a sale under this chapter, the proceeds of the sale shall be divided, under the direction of the court, between the parties entitled thereto, in lieu of their interest in the estate ordered or decreed to be sold, and the portion of the proceeds of sale to which any party or person absent from the state or unknown and not appearing to claim the proceeds, may be entitled, may be invested for that person by the commissioners, under the direction of the court, and in such name as the court may direct, after deducting from that portion the reasonable share of the costs and expenses of partition of the party or persons, to be allowed by the court to those entitled thereto. In all cases the investment and the further disposition of the proceeds, and the deposit and disposition to be made of the evidence thereof, shall be subject only to the order and control of the court.
History of Section.
G.L. 1896, ch. 265, § 18; G.L. 1909, ch. 330, § 18; G.L. 1923, ch. 381, § 18; G.L. 1938, ch. 586, § 18; G.L. 1956, § 34-15-18.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-19. - Adjudication of all claims.

§ 34-15-19. Adjudication of all claims.
Whenever in any action for partition of real estate it is alleged or it appears that any person claims or may claim any right, title, or interest in the estate adversely or otherwise to any party to the action, the court before whom the action is pending may order that person to appear and make his or her claim in writing therein within such time as shall be prescribed by the order, or in default thereof to be forever barred from all right, title, interest, and claim in and to the estate or any part thereof, service of the order, actual or constructive, by publication or otherwise, to be made upon the person as the court shall direct; and the court may thereupon proceed, and, if the person does not appear as required by the order, may adjudge that he or she has no right, title, interest, or claim in or to the estate, or, whether he or she appears or not, may itself, in such manner as it deems proper, or by a jury upon issues framed for that purpose, try and determine what, if any, right, title, interest, or claim he or she has therein, and adjudge accordingly, and the judgment in either event shall be final.
History of Section.
G.L. 1896, ch. 265, § 19; G.L. 1909, ch. 330, § 19; G.L. 1923, ch. 381, § 19; G.L. 1938, ch. 586, § 19; G.L. 1956, § 34-15-19.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-20. - Partition of lands of fee holders and of life tenants, reversioners, and remaindermen.

§ 34-15-20. Partition of lands of fee holders and of life tenants, reversioners, and remaindermen.
Partition may be made of any lands, tenements, or hereditaments between the person or persons who hold the fee of any share or shares thereof, and the person or persons who hold or are or may be entitled to any share or shares thereof, for life or in reversion or remainder, and whether the remainder is vested or contingent, and whether it is to persons in being and ascertained or to persons not in being or to be ascertained thereafter, or subject to be opened to let in those afterwards to come into being or having other interests whatsoever, vested or contingent, therein; provided, that all persons in being at the time of the commencement of the action for partition, interested in the estate, are made parties to the proceedings and their title or interest fully shown upon the record by the pleadings; and provided, also, that before final judgment or decree for partition or sale in any such case the court shall appoint some discreet person to represent the interest of persons, if any, not then in being, whose reasonable charges, as allowed by the court, shall be taxed in the costs and be a charge upon the share or shares of the estate in which the parties not in being shall or may be interested.
History of Section.
G.L. 1896, ch. 265, § 20; G.L. 1909, ch. 330, § 20; G.L. 1923, ch. 381, § 20; G.L. 1938, ch. 586, § 20; G.L. 1956, § 34-15-20.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-21. - Title vested by sale — Investment for benefit of reversioner or remainderman.

§ 34-15-21. Title vested by sale — Investment for benefit of reversioner or remainderman.
In the event of partition, by sale and division of the proceeds in any partition case under this chapter, the sale shall vest in the purchaser an absolute estate in fee simple in the lands, tenements, or hereditaments so sold, and the share or shares of the proceeds representing the share or shares of the estate subject to reversion or remainder after deducting and paying therefrom their proportional parts of the costs and expenses of partition, as determined by the court, shall be invested, under the order of the court, for the benefit of the person interested, or who may become interested in the proceeds, in the same manner as is provided in case of unknown parties in § 34-15-18.
History of Section.
G.L. 1896, ch. 265, § 21; G.L. 1909, ch. 330, § 21; G.L. 1923, ch. 381, § 21; G.L. 1938, ch. 586, § 21; G.L. 1956, § 34-15-21.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-22. - Apportionment of costs.

§ 34-15-22. Apportionment of costs.
In an action for partition, the court before which the action may be pending may adjudge and determine, as to it shall appear equitable and just, relative to the apportionment of costs among the parties, plaintiff and defendant, by dividing the costs equally or subjecting either party to the payment of the whole or any part thereof.
History of Section.
G.L. 1896, ch. 265, § 22; G.L. 1909, ch. 330, § 22; G.L. 1923, ch. 381, § 22; G.L. 1938, ch. 586, § 22; G.L. 1956, § 34-15-22.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-23. - Costs as lien on property.

§ 34-15-23. Costs as lien on property.
In an action for partition, the costs of partition, in such proportion as the court trying the action shall adjudge to be paid by any party or parties to the action, shall be a lien upon the interest of any party or parties in the several shares assigned to the party or parties, and in addition to the mode of recovery now used, may be recovered by sale of the several shares upon execution, to be issued in due form therefor in favor of the party or parties who may, by payment of the costs, be entitled to recover the costs.
History of Section.
G.L. 1896, ch. 265, § 23; G.L. 1909, ch. 330, § 23; G.L. 1923, ch. 381, § 23; G.L. 1938, ch. 586, § 23; G.L. 1956, § 34-15-23.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-24. - Appointment of persons to make partition.

§ 34-15-24. Appointment of persons to make partition.
In actions for partition, after judgment for partition has been entered, the superior court on motion shall appoint and commission one or more discreet, impartial, and disinterested persons to make partition pursuant to such judgment, who shall be sworn to the faithful discharge of their trust.
History of Section.
G.L. 1896, ch. 265, § 24; C. P. A. 1905, § 1165; G.L. 1909, ch. 330, § 24; G.L. 1923, ch. 381, § 24; G.L. 1938, ch. 586, § 24; G.L. 1956, § 34-15-24.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-25. - Partition by persons appointed.

§ 34-15-25. Partition by persons appointed.
The persons so appointed, first giving reasonable notice to the respective parties, shall make partition between them according to their several rights, as ascertained by the judgment of the court ordering the partition.
History of Section.
G.L. 1896, ch. 265, § 25; G.L. 1909, ch. 330, § 25; G.L. 1923, ch. 381, § 25; G.L. 1938, ch. 586, § 25; G.L. 1956, § 34-15-25.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-26. - Notice by commissioners nonresidents and to absent or unknown parties.

§ 34-15-26. Notice by commissioners nonresidents and to absent or unknown parties.
In case nonresident, absent, or unknown parties or persons are interested in the partition, the court issuing the partition shall order such notice to be given to the parties or persons interested, by the commissioners appointed to make partition, as the court shall judge proper, and the notice, when given, shall for all purposes be as effectual as personal notice.
History of Section.
G.L. 1896, ch. 265, § 26; G.L. 1909, ch. 330, § 26; G.L. 1923, ch. 381, § 26; G.L. 1938, ch. 586, § 26; G.L. 1956, § 34-15-26.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-27. - Report of commissioners — Judgment — Recording.

§ 34-15-27. Report of commissioners — Judgment — Recording.
In an action for partition, the commissioners appointed to make the partition shall report their proceedings, with a plat of the division by them made, to the court by which they have been appointed, and if no sufficient cause is shown for rejecting the report, judgment shall be rendered thereon in conformity thereto, and the report, plat, and judgment shall be recorded in the records of land evidence in the town or towns in which the estate is, the expense of which record shall be made a part of the costs in the action.
History of Section.
G.L. 1896, ch. 265, §§ 27, 29; G.L. 1909, ch. 330, §§ 27, 28; G.L. 1923, ch. 381, §§ 27, 28; G.L. 1938, ch. 586, §§ 27, 28; G.L. 1956, §§ 34-15-27, 34-15-28.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-28. - Vesting of title.

§ 34-15-28. Vesting of title.
The recording of the plat and judgment pursuant to this chapter shall vest the legal title to the property therein described in the persons to or among whom the property is divided or allotted, and no conveyance shall be required to be executed for the purpose of vesting legal title in those persons.
History of Section.
G.L. 1896, ch. 265, § 30; G.L. 1909, ch. 330, § 29; G.L. 1923, ch. 381, § 29; G.L. 1938, ch. 586, § 29; G.L. 1956, § 34-15-29.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-15 - Partition › Section 34-15-29. - Subdivision and platting of lands.

§ 34-15-29. Subdivision and platting of lands.
(a)
In all actions for partition, whenever the circumstances in the opinion of the court require that the land to be divided should be platted into lots and certain portions of land laid out for streets or gangways for the convenience of the lots, the decree may authorize the commissioners to take that course subject to the approval of the court on the return of their report.
(b)
The action described in subsection (a) shall not be taken unless all the parties to the proceedings consent; provided that:
(1)
If any party is an infant or person non compos mentis, the consent of the guardian ad litem of such infant or non compos shall be sufficient;
(2)
If any party is a trustee, the consent of that trustee shall be sufficient to bind the trust estate; and
(3)
Any party in interest, being a married woman, shall have the right to consent as if sole and unmarried.
History of Section.
G.L. 1896, ch. 265, § 31; G.L. 1909, ch. 330, § 30; G.L. 1923, ch. 381, § 30; G.L. 1938, ch. 586, § 30; G.L. 1956, § 34-15-30.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-1. - Action brought by person claiming through sale or proceedings requiring notice.

§ 34-16-1. Action brought by person claiming through sale or proceedings requiring notice.
Any person or persons claiming title to real estate, which title is based upon or has come through a deed of a tax collector or town or city treasurer upon sale of real estate for the collection of taxes, assessments, or municipal liens of any kind, or of a sheriff on execution sale, or any deed, grant, or conveyance given under judicial proceedings, or otherwise, the validity of which depends upon notice of any kind, may, although his or her title to the real estate is undisputed, bring a civil action against the person or persons whose title and interest, or either, were sold out under the sale or proceedings, and against any other persons that may be interested in the real estate because of the sale or proceedings, or the giving of such a deed to determine the validity of the title or estate of the person or persons therein, to remove any cloud thereon, and to affirm and quiet the possession and title of the person or persons; provided, however, that where a period of redemption is by statute provided, in which the real estate passing under any sale or proceedings described in this section may be redeemed, the period of redemption must have expired before the bringing of any action under this section.
History of Section.
G.L. 1923, ch. 339, § 40; P.L. 1932, ch. 1906, § 1; G.L. 1938, ch. 528, § 26; G.L. 1956, § 34-16-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-2. - Examination of title — Notice to parties in interest.

§ 34-16-2. Examination of title — Notice to parties in interest.
Upon filing his or her complaint, the plaintiff shall thereafter, at his or her own cost, select, with the approval of the court, a title company or an attorney familiar with the examination of land titles, which company or attorney shall proceed to examine the title to the real estate described in the complaint, and when the examination is completed, shall deposit an abstract of title to the real estate in the court, together with a report of the status of the title and a list of the parties found interested therein, and who should, in the opinion of the company or attorney, be made parties to the action. Upon receipt of the abstract and report, the court shall order all persons not parties to the action but found by it to be necessary to the cause to be made parties defendant and shall order notice to be given to those defendants.
History of Section.
G.L. 1923, ch. 339, § 40; P.L. 1932, ch. 1906, § 1; G.L. 1938, ch. 528, § 26; G.L. 1956, § 34-16-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-3. - Determination of title — Decree.

§ 34-16-3. Determination of title — Decree.
A cause of action under this chapter shall follow the course of equity so far as equity is applicable, and the court shall determine the validity of the title of the plaintiffs, and may affirm the title, or if it finds other parties to have any title and estate therein, it shall also determine the interest, title, and estate of those parties therein, and may remove any clouds on the title by reason of any deed, grant, or conveyance as described in § 34-16-1 or otherwise, and all decrees in the action shall forever thereafter be binding upon all parties thereto and those claiming by, through, under, or by virtue of them, or any of them.
History of Section.
G.L. 1923, ch. 339, § 40; P.L. 1932, ch. 1906, § 1; G.L. 1938, ch. 528, § 26; G.L. 1956, § 34-16-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-4. - Action brought by person claiming through conveyance, devise, or inheritance.

§ 34-16-4. Action brought by person claiming through conveyance, devise, or inheritance.
Any person or persons claiming title to real estate, or any interest or estate, legal or equitable, in real estate, including any warrantor in any deed or other instrument in the chain of title to the real estate, which title, interest, or estate is based upon, or has come through, a deed, grant, conveyance, devise, or inheritance, purporting to vest in the person or persons or his, her, or their predecessors in title the whole title to such real estate, or any fractional part thereof or any interest or estate therein, may bring a civil action against all persons claiming, or who may claim, and against all persons appearing to have of record any adverse interest therein, to determine the validity of his, her, or their title or estate therein, to remove any cloud thereon, and to affirm and quiet his, her, or their title to the real estate. The action may be brought under the provisions of this section whether the plaintiff may be in or out of possession and whether or not the action might be brought under the provisions of § 34-16-1 or under the provisions of any other statute.
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1940, ch. 938, § 1; P.L. 1941, ch. 1005, § 1; G.L. 1956, § 34-16-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-5. - Contents of complaint.

§ 34-16-5. Contents of complaint.
The complaint shall contain, among other things, to the extent known to plaintiff:
(1)
A complete and accurate description of the real estate involved, and the right, title and interest of the plaintiff claimed therein and the character and source thereof;
(2)
A recital of the character and source of claims adverse, or which may become adverse, whether asserted or unasserted, and, if unasserted, then of record;
(3)
The names and last known addresses of those asserting, or who may assert, any adverse claims;
(4)
The efforts made to ascertain and determine those claimants, who, or whose names and/or addresses, are unknown to plaintiff;
(5)
The duration of ownership, occupation, possession, and enjoyment by the plaintiff, and when relevant, by his or her predecessors in title, of the estate involved, together with a recital of acts performed as a normal incident of the possession enjoyed and the title claimed.
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1940, ch. 938, § 1; G.L. 1956, § 34-16-5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-6. - Filing of abstract of title.

§ 34-16-6. Filing of abstract of title.
Upon the filing of the complaint the court may, in its discretion, require that the plaintiff file an abstract of title to the real estate as specified in § 34-16-2.
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1941, ch. 1005, § 1; G.L. 1956, § 34-16-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-7. - Presumption of lost grant by adverse possession.

§ 34-16-7. Presumption of lost grant by adverse possession.
Open, adverse, exclusive, and uninterrupted possession and enjoyment by the plaintiff, or by his or her predecessors in title or both the plaintiff and predecessors together of the real estate or his, her, or their interest therein described in the complaint, for a period of at least ten (10) years, shall raise the rebuttable presumption in law and in fact of a lost grant, properly executed and delivered, effective to cure the defect or defects in plaintiff’s title, as set forth in the complaint and/or to remove the cloud thereon, as it concerns any party named or referred to in the cause.
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1940, ch. 938, § 1; G.L. 1956, § 34-16-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-8. - Parties barred by presumption of lost grant.

§ 34-16-8. Parties barred by presumption of lost grant.
Under § 34-16-7, proof satisfactory to the court, and adequate to justify it, shall be effective to bar every claim of any party named or referred to in the cause adverse to plaintiff’s title, and every adverse and inconsistent right, title, and interest therein of any such party, whether as owner, tenant, joint tenant or tenant in common, mortgagee, creditor, lienholder, or otherwise and the heirs, executors, administrators, successors, and assigns of each of them, and all those in privity with them, who shall claim, or but for this provision might claim, an interest in the real estate involved, and to remove every cloud thereon; and the presumption provided in § 34-16-7, unless rebutted, shall be conclusive.
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1940, ch. 938, § 1; G.L. 1956, § 34-16-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-9. - Inclusion of unknown defendants in complaint.

§ 34-16-9. Inclusion of unknown defendants in complaint.
(a)
The complaint may include as defendants in such cause, in addition to such persons as appear of record to have, or are known to have or to assert, or who may have or assert, some claim to, or interest in, the lands described in the complaint adverse to the plaintiff’s right, title or interest therein:
(1)
All other persons unknown to, or unascertained by, the plaintiff, who claim, or may claim, any right, title or interest in such real estate; and
(2)
All others in privity with them or whose interest does or may constitute a cloud upon the title of the plaintiff thereto, as described in the complaint.
(b)
The complaint may include such unknown defendants in substantially the following language:
(b)
“Also all other persons unknown and unascertained, claiming, or who may claim, any right, title, estate, lien, or interest in the real estate involved, which is, or might become, adverse to the plaintiff’s right, title, or interest therein as alleged or which does or may constitute any cloud upon plaintiff’s title thereto, as set forth in the complaint.”
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1940, ch. 938, § 1; G.L. 1956, § 34-16-9.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-10. - Service of process on residents.

§ 34-16-10. Service of process on residents.
Service of process upon known defendants residing or located in the state whose residence or place of business therein is known or can be ascertained by the plaintiff shall be made personally, as provided by law.
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1940, ch. 938, § 1; G.L. 1956, § 34-16-10.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-11. - Service on nonresidents.

§ 34-16-11. Service on nonresidents.
A nonresident defendant whose place of residence or business is known to the plaintiff shall be served by sending the process registered or certified mail to the defendant postpaid, addressed to his or her residence or place of business last known to the plaintiff.
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1940, ch. 938, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 34-16-11.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-12. - Service on defendants unknown or with unknown addresses.

§ 34-16-12. Service on defendants unknown or with unknown addresses.
Service of process upon all unknown defendants, resident or nonresident, or others known, but whose names or addresses are unknown to, or unascertained by, the plaintiff shall be made by publication of an order of notice, to be entered by the court in some public newspaper published in this state, to be designated by the court, for such length of time as the court shall direct.
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1940, ch. 938, § 1; G.L. 1956, § 34-16-12.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-13. - Proof of service — Jurisdiction of parties.

§ 34-16-13. Proof of service — Jurisdiction of parties.
The court shall be satisfied before proceeding to hear the cause on its merits that there has been full compliance with the requirements of this chapter with respect to the service of process and may accept the affidavit of any plaintiff or the plaintiff’s attorney of record as proof of service of process in cases where service has been ordered by mailing or publication. All persons served in accordance with the provisions of this chapter shall be and become parties defendant to the proceedings, and the service shall be valid, and complete and fully effectual to give jurisdiction over them for the purposes of adjudicating, determining, and/or forever barring their interest and those of all others representing or in privity with them notwithstanding the legal disabilities of those persons.
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1940, ch. 938, § 1; G.L. 1956, § 34-16-13.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-14. - Proof of title — Judgment.

§ 34-16-14. Proof of title — Judgment.
No decision, judgment, or decree, excepting decrees taking the matter as confessed, shall be entered by default, but proof satisfactory to the court shall be offered in support of plaintiff’s claim of title and of all claims known to be, or which may be, adverse thereto, and the court shall thereafter enter judgment in accordance with the law and the evidence. The judgment, when final, shall be conclusive against all persons served as herein required, both known and unknown, and whether under disability or not, and whether service was personal, by registered or certified mail, or by publication.
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1940, ch. 938, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 34-16-14.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-16 - Quieting Title › Section 34-16-15. - Remedy cumulative.

§ 34-16-15. Remedy cumulative.
The remedy provided by this chapter shall be cumulative and shall not exclude or prevent the exercise of any other right or remedy now allowed by law.
History of Section.
G.L. 1938, ch. 528, § 26; P.L. 1940, ch. 938, § 1; G.L. 1956, § 34-16-15.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-17 - Fixtures › Section 34-17-1. - Factory equipment declared real estate.

§ 34-17-1. Factory equipment declared real estate.
The water wheels, steam engines, boilers, all shafting, whether upright or horizontal, and hangers for the same, except such as are used to drive a special machine, all drums, pulleys, wheels, gearing, steam pipes, gas pipes, gas fixtures, water pipes, and fixtures, kettles and vats, set and used in any mechanical or manufacturing establishment, are declared to be real estate whenever they belong to the owner of the real estate to which they are attached.
History of Section.
G.L. 1896, ch. 200, § 1; G.L. 1909, ch. 251, § 1; G.L. 1923, ch. 295, § 1; G.L. 1938, ch. 430, § 1; G.L. 1956, § 34-17-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-17 - Fixtures › Section 34-17-2. - Machinery and apparatus declared personal property.

§ 34-17-2. Machinery and apparatus declared personal property.
All other machinery, tools, and apparatus of every description, including all the articles specified in § 34-17-1 whenever they belong to some person other than the owner of the real estate to which they are attached, used, or employed in any manufacturing establishment, are declared to be personal estate, and as such shall be considered in attachments, and in all cases whatsoever; except that in the assessment of taxes such property shall be assessed as provided in chapter 4 of title 44.
History of Section.
G.L. 1896, ch. 200, § 2; G.L. 1909, ch. 251, § 2; G.L. 1923, ch. 295, § 2; G.L. 1938, ch. 430, § 2; G.L. 1956, § 34-17-2; P.L. 1995, ch. 323, § 27.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-17 - Fixtures › Section 34-17-3. - Partition of machinery and apparatus.

§ 34-17-3. Partition of machinery and apparatus.
Partition of the property mentioned in § 34-17-2 may be compelled between the owners thereof in the same manner as though the property were real estate.
History of Section.
G.L. 1896, ch. 200, § 3; G.L. 1909, ch. 251, § 3; G.L. 1923, ch. 295, § 3; G.L. 1938, ch. 430, § 3; G.L. 1956, § 34-17-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-17 - Fixtures › Section 34-17-4. - Removal of fixtures annexed by life tenant.

§ 34-17-4. Removal of fixtures annexed by life tenant.
Fixtures annexed to the freehold by a life tenant, or his or her assigns, may be removed during the continuance of the life estate, or within a reasonable time after its determination; and in determining what things so annexed are fixtures, the rules of the common law, which prevail as between the landlord and tenant for years, shall govern.
History of Section.
G.L. 1896, ch. 201, § 10; G.L. 1909, ch. 252, § 10; G.L. 1923, ch. 296, § 10; G.L. 1938, ch. 430, § 4; G.L. 1956, § 34-17-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-17 - Fixtures › Section 34-17-5. - Testamentary powers unaffected by § 34-17-4.

§ 34-17-5. Testamentary powers unaffected by § 34-17-4.
Section 34-17-4 shall not affect the right of the owner of land to make a different arrangement by will or otherwise as to the removal of fixtures, nor shall it in any way impair or affect the provisions of any will or other instrument by which an estate for life in land is created or limited.
History of Section.
G.L. 1896, ch. 201, § 11; G.L. 1909, ch. 252, § 11; G.L. 1923, ch. 296, § 11; G.L. 1938, ch. 430, § 5; G.L. 1956, § 34-17-5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-18 - Residential Landlord and Tenant Act › Section 34-18-1. - Short title.

§ 34-18-1. Short title.
This chapter shall be known and may be cited as the “Residential Landlord and Tenant Act”.
History of Section.
P.L. 1986, ch. 200, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-18 - Residential Landlord and Tenant Act › Section 34-18-2. - Purposes — Rules of construction.

§ 34-18-2. Purposes — Rules of construction.
(a)
This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
(b)
Underlying purposes and policies of this chapter are to:
(1)
Simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants;
(2)
Encourage landlords and tenants to maintain and improve the quality and availability of housing;
(3)
Make more uniform the law relating to residential landlord and tenant relations in those respects in which this chapter follows the “Uniform Residential Landlord — Tenant Act”.
History of Section.
P.L. 1986, ch. 200, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-18 - Residential Landlord and Tenant Act › Section 34-18-3. - Supplementary principles of law applicable.

§ 34-18-3. Supplementary principles of law applicable.
(a)
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety, and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplements its provisions.
(b)
This chapter shall apply to any rental agreement involving public housing or any type of federally subsidized or regulated housing except where:
(1)
A particular subject matter has been pre-empted by federal law, or;
(2)
A landlord or tenant has any rights or responsibilities derived from federal law or regulations which directly conflict with the provisions of this chapter, in which case the rights and responsibilities derived from federal laws and regulations shall control.
History of Section.
P.L. 1986, ch. 200, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-18 - Residential Landlord and Tenant Act › Section 34-18-4. - Construction against implicit repeal.

§ 34-18-4. Construction against implicit repeal.
This chapter being a general act intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided. In the event of a conflict between the provisions of this chapter and the provisions of chapters 18.1, 19, or 20 of this title, the provisions of this chapter shall control.
History of Section.
P.L. 1986, ch. 200, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-18 - Residential Landlord and Tenant Act › Section 34-18-5. - Administration of remedies — Enforcement.

§ 34-18-5. Administration of remedies — Enforcement.
(a)
The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages and injunctive relief, including temporary restraining orders, as set forth in § 34-18-6. The aggrieved party has a duty to mitigate damages.
(b)
Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
History of Section.
P.L. 1986, ch. 200, § 2.