Title 34, Title 34 Title 34

A recording or filing under § 34-13-1 shall be constructive notice to all persons of the contents of instruments and other matters so recorded, so far as they are genuine.

Whenever any administrator, executor, guardian, receiver, sheriff, mortgagee or any person acting under a power of sale in any mortgage deed, deed of trust or other conveyance, sells or causes to be sold any real estate lying within this state, the title to which will in any mann…

Whenever any instrument entitled to be recorded shall be presented for recording, the town clerk or recorder of deeds, as the case may be, immediately upon its presentment, shall cause to be entered in writing on the instrument the day, the hour, and the minute when the instrumen…

(a) It shall be the duty of the clerk or recorder of deeds of each city and town within the state to make and keep a separate alphabetical general index of all deeds, mortgages, and other instruments recorded in the office of the city or town clerk or recorder of deeds, which ind…

If any instrument has been recorded or filed by a city or town clerk, or recorder of deeds, in the manner prescribed by law, a copy thereof duly certified by the proper official may be recorded or filed in the office of any city or town clerk or recorder of deeds, wherein the ori…

(a) The fees to the recording officers for recording the following described instruments relating to real estate shall be as follows: (b) The recording officers shall be allowed to charge a rate of one dollar ($1.00) for each additional page or fraction over. (c) Ten percent (10%…

Recording officers shall charge one dollar and fifty cents ($1.50) per page and three dollars ($3.00) for certifying of the record of any instrument described in this chapter.

Every person seised of any real estate for the term of his or her own life, or for the life or lives of any other person or persons, or as a tenant for years, who commits or suffers any waste on such estate, shall forfeit his or her estate in the place so wasted and double the am…

Every joint tenant, tenant in common, or co-parcener who commits any waste on any estate he or she holds in joint tenancy, tenancy in common, or co-parcenary, without the consent of the other joint tenants, tenants in common, or co-parceners, shall forfeit double the amount of th…

In a case of waste as described in § 34-14-2, any one or more of the other joint tenants, tenants in common, or co-parceners, may commence an action for waste in the name of all the joint tenants, tenants in common, or co-parceners.

If any person named as plaintiff without his or her consent neglects to appear, after being duly notified in such manner as the court shall direct, his or her name shall be stricken from the writ and pleadings, and the other persons named as plaintiffs may prosecute the action to…

The superior court for any county, on the application of the plaintiff, in an action for ejectment, partition, or waste, may issue a writ of estrepement, under the provisions following, directed to the division of sheriffs, requiring the deputy sheriff to stay all the waste on th…

The members of the division of sheriffs, charged with the service of a writ of estrepement, shall have power to stay all waste, as shall be directed in the writ, and to take such aid as shall be necessary for that purpose.

Upon the application of any person for a writ of estrepement, the court, before issuing the writ, shall cause the person whose interests may be affected thereby, to be notified of the pendency of the application, in such manner as the court shall deem proper, to the end that the …

The court may, on the hearing, and before the issuing of the writ, require of the party applying for the writ a bond, with sufficient surety, in such sum as the court shall prescribe, to make good to the party whose interest may be affected by the writ all loss and damage which h…

A writ of estrepement shall be made returnable at such time as the court shall direct.

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 trus…

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 prescrib…

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, p…

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 not…

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.

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 i…

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.

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 def…

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 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 par…

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 …

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 heredit…

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 w…

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 …

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 …

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, …

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 …

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.

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,…

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 …

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 ti…

(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 com…

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, a…

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 a…

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.…

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.

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 k…

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 ma…

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 …

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 s…