Title 34, Title 34 Title 34

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 dec…

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…

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 an…

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 n…

The statutory forms referred to in § 34-11-11 are as follows: (1) WARRANTY DEED. of .. with warranty covenants ... (description, and encumbrances, if any) Witness .. hand this .. day of .. (Here add acknowledgment.) (2) QUITCLAIM DEED. of .. with quitclaim covenants, ... (descrip…

(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 administr…

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…

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 o…

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…

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 o…

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 heir…

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 an…

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 d…

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 administrato…

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 assig…

The following power shall be known as the “statutory power of sale” and may be incorporated in any mortgage by reference: But if default shall be made in the performance or observance of any of the foregoing or other conditions, or if breach shall be made of the covenant for insu…

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 …

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 m…

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”.

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”.

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 fe…

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 …

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, o…

(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…

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 …

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 …

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 b…

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, admin…

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 rec…

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) ye…

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 …

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 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 effecti…

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…

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, abso…

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…

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 ba…

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 h…

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 hims…

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.

The use of the word “grant” is not necessary in order to convey tenements and hereditaments, corporeal or incorporeal.

The words, “give”, “grant”, or “exchange”, in any conveyance, shall imply no covenant, warranty, or right of reentry.

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…

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 …