Title 34, Title 34 Title 34

Whenever the legal owner of any lands anticipates that any other person or persons may obtain the title to those lands, or any way, easement or privilege therein, by possession under the provisions of this chapter, he or she may give notice in writing to the person claiming or us…

Whenever notice is given to prevent the acquisition of lands or way, privilege or other easement, the notice shall be considered so far a disturbance of the right or claim as to enable the party claiming to bring an action for disturbing the same, in order to try the right; and i…

Nothing herein contained shall affect any rights of the shore to which the people of this state are now entitled under the charter, the constitution or by the law, or be construed to apply to any preceding action.

Any land held or preserved by a nonprofit corporation or nonprofit association for purposes of conservation, open space, or a cemetery is not subject to adverse possession or prescription.

The two (2) systems of plane coordinates which have been established by the national ocean/national geodetic survey, or its successors, for defining and stating the geographic positions or locations of points on the surface of the earth within the state are hereafter to be known …

For purposes of this chapter, and for purposes of conversion between the two (2) systems set forth in § 34-8-1 of this chapter, one meter equals 3.2808-⅓ survey feet.

The use of the term “Rhode Island coordinate system of 1927” or “Rhode Island coordinate system of 1983” on any map, report of survey, or other document, shall be limited to coordinates based on the Rhode Island coordinate system as defined in this chapter.

The plane coordinate values for a point on the earth’s surface, to be used to express the geographic position or location of such point on the Rhode Island coordinate system, shall consist of two (2) distances, expressed in U. S. survey feet and decimals of a survey foot when usi…

(a) For purposes of more precisely defining the Rhode Island coordinate system of 1927, the following definition by the national ocean survey/national geodetic survey is adopted: The Rhode Island coordinate system of 1927 is a transverse Mercator projection of the Clarke spheroid…

No coordinates based on either Rhode Island coordinate system, purporting to define the position of a point on land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within one kilometer of a monumented horizontal control …

(a) Nothing contained in this chapter shall require any purchaser or mortgagee of real property to rely wholly on a land description, any part of which depends exclusively upon either Rhode Island coordinate system. (b) For purposes of describing the location of any survey statio…

If any provision of this chapter shall be declared invalid such invalidity shall not affect any other portion of this chapter which can be given effect without the invalid provision, and to this end the provisions of this chapter are declared to be severable.

The Rhode Island coordinate system of 1927 may be used up to and including December 31, 1989, but shall not be used thereafter. The Rhode Island coordinate system of 1983 may be used up to and including December 31, 1989, and shall be the exclusive Rhode Island coordinate system …

Any person having any interest in land bordering on public tidewater, whenever a harbor line shall have been confirmed and established in front of or adjacent to the land, may apply by petition to the supreme court for the settlement and determination of the lines and boundaries …

Upon such petition the court may appoint three (3) commissioners to make a survey of the land within and adjacent to the harbor line, covering the area of land as the commissioners may deem necessary, to include the interests of all persons whose rights may be affected by the det…

Before proceeding to make a survey and to establish the lines according to § 34-9-2, the commissioners shall notify all persons whose rights may be affected by the determination of the lines, in the manner as the court shall direct, to appear at a time and place named to be heard…

The just charges and expenses of the commissioners shall be ascertained and allowed by the court; any further costs of the proceedings shall be taxed in the usual manner; and all the costs and expenses shall be apportioned by the court upon all parties interested as aforesaid, in…

Any person who shall acquire, during the pendency of such proceedings, an interest in, or title to, any lands covered by public tidewater within such harbor line, which are the subject matter of such proceedings, may, by order of the court, be made a party to such proceedings, an…

No proceedings under the provisions of this chapter shall affect any right or title of the state to any lands, unless it consents to become a party to the proceedings.

The following fences shall be adjudged to be lawful fences: (1) A hedge with a ditch shall be three feet (3′) high upon the bank of the ditch, well staked, at the distance of two feet and a half (2½′), bound together at the top and sufficiently filled to prevent small stock from …

Partition fences between lands under improvement shall be made and maintained in equal halves in length and quality, by the proprietors or possessors of those lands respectively.

In case any proprietor of land shall improve his or her land, the land adjoining being unimproved, and shall make the whole partition fence, the proprietor or possessor of the land adjoining and unimproved shall, upon improvement thereof, pay for one-half (½) of the partition fen…

Whenever the whole or more than one-half (½) of any partition fence shall have been made by the proprietor or possessor of the land on one side of the fence, the proprietor or possessor of the land adjoining, when he or she improves the land, shall pay to the proprietor or posses…

The fence viewer, on an application, shall cite the parties in interest on the dividing line, at a convenient time, to view the fence; shall ascertain the value of the whole, and award the one-half (½) of the sum against the proprietor or possessor so refusing, with costs, and di…

In all cases where partition fences are erected as one-half (½) of the partition fence between proprietors or possessors of adjoining lands, or where the fence may be hereafter erected by the agreement of the parties in interest or other lawful manner, the proprietors of the fenc…

(a) Whenever any proprietor, possessor or owner of land shall neglect or refuse to repair, build, or rebuild any partition fence or shall withdraw his or her fence from any division line, the aggrieved party may complain to any fence viewer of the town, who, after ten (10) days’ …

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 o…

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’ …

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 compl…

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…

No fence shall be constructed wholly or in part of barbed wire, as a line fence between adjoining owners, without the consent in writing of the adjoining owners.

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 occupan…

Any adjoining owner who shall not have given his or her consent as provided in § 34-10-2 may complain of the fence to any fence viewer of the town where the fence is located, and may advance to the fence viewer the reasonable expense necessary to remove and store the fence. It sh…

The fence viewer or the adjoining owner who has advanced the necessary expense to remove and store the fence may recover all of the expense in an action of debt from the person or persons who caused or suffered the fence to be built.

The provisions of §§ 34-10-2 — 34-10-4 shall not apply to line fences running through woodland nor to barbed-wire fences constructed before April 20, 1906.

Coterminous owners or possessors of land adjoining water, whenever their land is under improvement, shall make and maintain a sufficient water fence to prevent trespass by cattle in the same manner as other partition fences are directed to be made by this chapter.

All tracts of marshland so situated and exposed to the flow and wash of the sea as to render it impracticable for the several owners thereof to keep up partition fences around the respective shares or lots, shall be exempted from the operation of this chapter.

If any person shall permit any cattle, sheep, horses or hogs, to him or her belonging, to run upon any tract of marshland, the owner of the marshland shall, for every trespass, have all the remedies provided in other cases by chapter 14 of title 4.

All partition fences shall run on the dividing line, and the owners shall have the right to place one-half (½) of the width thereof on the land of each adjoining proprietor. The fences shall be kept up and maintained in good order through the year, unless the parties concerned sh…

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 herei…

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 adjac…

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 to…

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 de…

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…