Title 34, Title 34 Title 34

No descent or discontinuance shall take away or defeat any right of entry or of action for the recovery of real estate.

All lands held in fee tail shall be liable for the debts of the tenant in tail in his or her lifetime like estates in fee simple; and when sold on execution, or when sold by guardians, the creditor or purchaser shall hold the lands in fee simple, but this shall not extend to land…

A person actually seised of lands as a tenant in tail may convey the lands in fee simple by a deed in common form, in like manner as if he or she were seised of the lands in fee simple; provided, that in the deed the intention be expressed of barring the entail and reference be m…

When lands are held by one person for life with a vested remainder in tail in another, the tenant for life and the remainderman may convey the lands in fee simple by their deed or deeds in common form subject to the proviso in § 34-4-15; and the deed or deeds shall bar the estate…

Equitable estates tail in possession or remainder, and all remainders and reversions expectant on them, may be barred in the same manner as legal estates tail and the remainders and reversions expectant on them; and all conveyances of equitable estates tail made by deed in common…

The person to whom an equitable fee simple is conveyed pursuant to § 34-4-17 shall, upon request, be entitled to a conveyance of the outstanding legal estate from the person in whom the legal estate is then or thereafter vested in trust, unless provisions to the contrary be made …

If a possibility of reverter or right of entry for condition broken in land is reserved in a deed executed after May 11, 1953, or in a will of a testator who dies after May 11, 1953, and the possibility of reverter does not become a possessory interest or the right of entry is no…

When lands are conveyed by deed or devised by will hereafter executed, to a person for his or her life, and after his or her death to his or her heirs in fee, or by words to that legal effect, the conveyance or devise shall be construed to vest an estate for life only in the firs…

A grantor may convey title to real estate and reserve a life estate therein, coupled with the reserved power and authority, during his or her lifetime, to sell, convey, mortgage, or otherwise dispose of the real property without the consent or joinder by the holder(s) of the rema…

Section 34-4-19 shall not apply to a possibility of reverter or right of entry for condition broken in: (1) Lease for a term of years; (2) Grant, gift or devise to the state; (3) Grant, gift or devise for public, charitable, or religious purposes; (4) Deed to a railroad or public…

If a covenant or restriction concerning the use of land, other than housing restrictions as set forth in § 34-39.1-3, and conservation restrictions and preservation restrictions as set forth in §§ 34-39-3 and 34-39-4, is created by any instrument taking effect after May 11, 1953,…

When a recorded instrument has created, or shall create, an option to purchase or lease real estate, other than housing restrictions as set forth in § 34-39.1-3, and conservation restrictions and preservation restrictions as set forth in §§ 34-39-3 and 34-39-4, which, according t…

Any recorded contract or other instrument, other than housing restrictions as set forth in § 34-39.1-3, and conservation restrictions and preservation restrictions as set forth in §§ 34-39-3 and 34-39-4, which has created or shall create a right or obligation (other than an optio…

(a)(1) No proceeding based upon any right of entry for condition broken or possibility of reverter to which a fee simple or fee simple determinable in land is subject, created before May 11, 1953, shall be maintained in any court after December 31, 1987, unless on or before Decem…

Since many individuals with intellectual or developmental disabilities or who are mentally disabled are able to live in the community with some assistance, it is the public policy of the state of Rhode Island to establish community residences in residential areas. Therefore, any …

(a) Any recorded contract, deed or other instrument entered into which creates a preemptive right, right to repurchase, or a right of first refusal to purchase real estate, other than housing restrictions as set forth in § 34-39.1-3, and conservation restrictions and preservation…

(a) Property to be held in trust shall be conveyed to the trustees of the subject trust. An affidavit or memorandum of trust may be recorded in connection with the creation, amendment, restatement, or revocation of a trust. Any transfer or mortgage of trust property by the truste…

Notwithstanding the provisions of § 34-4-27, title to real estate derived from a conveyance to a named trust by an instrument in which the trustees are not named as grantees is not on that account defective, and the conveyance shall be deemed to vest title to the real estate in t…

Notwithstanding anything in this chapter to the contrary, nothing in this chapter shall be deemed to limit the duration of expiration of any restriction, whether recorded or not, that is contained in the written decision of any governmental body, agency, or permit-granting author…

A conveyance made by a tenant for life or for years, purporting to grant a greater estate than he or she possesses or can lawfully convey, shall not work a forfeiture of his or her estate, but shall pass to the grantee all the estate which the tenant can lawfully convey.

(a) Notwithstanding the provisions of § 34-4-27, title to real estate conveyed to a nominee trust or to the trustee of a nominee trust and conveyances of real estate by a trustee of a nominee trust are not on that account defective, and the conveyance shall be deemed valid so lon…

No expectant estate shall be defeated or barred by an alienation or other act of the owner of the precedent estate, nor by the destruction of the precedent estate by disseisin, forfeiture, surrender, or merger, nor shall a contingent remainder be defeated by the termination of a …

Sections 34-4-3 and 34-4-4 shall not be construed to prevent the barring of estates tail in the manner provided in §§ 34-4-14 — 34-4-18, nor to prevent an expectant estate from being defeated in a manner provided for or authorized by the party creating the estate.

When it appears that wood and timber standing on land, the use and improvement of which belongs, for life or otherwise, to a person other than the owner of the fee in the land, have ceased to improve by growth, or ought for any cause to be cut, the superior court may on petition …

When real estate is subject to a contingent remainder, executory devise, or power of appointment, the superior court may, upon the petition of any person who has an estate in possession in the real estate, and after notice and other proceedings as required by this chapter, appoin…

Notice of a petition for sale shall be given in such manner as the court may order to all persons who are, or may become, interested in the real estate to which the petition relates, and to all persons whose issue not in being may become interested in the property. The court shal…

The trustee or trustees appointed under § 34-4-7 shall give bond in such form and for such an amount as the court may order, shall receive, hold, and invest the proceeds of any sale, and shall pay, apply, and distribute the proceeds, and any income therefrom, to or for the benefi…