Title 34, Title 34 Title 34

Joint heirs shall be deemed tenants in common.

Whereas, there is still remaining within several of the towns of this state, lands belonging to the original proprietors of the land, lying common or undivided, for the better government of the proprietors, the management of their prudential affairs, the more just and equal divis…

If any person shall be absent from this state for the term of seven (7) years without due proof of his or her being alive, for whose life any estate shall be holden by himself or herself or any other person, the person claiming the remainder or reversion of the estate expectant u…

Section 34-4-9 shall be deemed to be declaratory of the purposes of that section as originally enacted, and shall not be construed to invalidate any action taken by any trustee or trustees appointed under § 34-4-7 prior to June 3, 1947.

A contingent, an executory and a future interest, and a possibility coupled with an interest, in any tenements or hereditaments of any tenure, and a right of entry whether immediate or future and whether vested or contingent, into or upon any tenements or hereditaments of any ten…

Where the reversion of any land expectant on a lease shall be merged in any remainder, other reversion, or estate, the person entitled to the estate into which the reversion shall have merged, his or her heirs, executors, administrators, successors and assigns, shall have and enj…

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…

The following words as used in this chapter shall have these meanings: (1) “Beneficiary” means any person to whom, and any estate, trust, corporation, or other legal entity to which, an interest in property would pass in any manner described in § 34-5-2, except for the execution …

The right to disclaim pursuant to the provisions of this chapter shall exist irrespective of any limitation in the nature of an express or implied spendthrift provision, other similar restraint on alienation, or forfeiture provision imposed by any instrument, statute, rule of law…

Except for the provisions of § 34-5-9, this chapter shall not abridge the right of any person to disclaim, waive, release, renounce, or abandon any interest in property under any other statute or rule of law.

(a) Unless barred by the provisions of § 34-5-9, a beneficiary may disclaim any interest in property which, except for the execution and filing of a disclaimer in accordance with the provisions of this chapter, would pass to the beneficiary: (1) By intestate succession, devise, l…

The probate court having jurisdiction of the estate of a beneficiary is empowered to authorize the duly appointed guardian or conservator of the beneficiary or the legal representative of the estate of a deceased beneficiary to execute and file a disclaimer on behalf of the benef…

A disclaimer shall be in writing, shall describe the interest in property being disclaimed, shall declare the disclaimer and the extent of the disclaimer, shall be clear and unequivocal, and shall be signed by the beneficiary, the duly appointed guardian or conservator of a benef…

(a) A disclaimer shall be executed and filed pursuant to the provisions of this chapter at any time after the creation of the interest in property being disclaimed, but in any event: (1) If a present interest, not later than nine (9) months: (i) After the death of the deceased ow…

(a) The original of the disclaimer or an attested copy of the disclaimer, if filing is required to be made with more than one office, shall be filed: (1) In the case of personal property, in the office of the clerk of probate court that had jurisdiction of the estate of the deced…

(a) No person or other legal entity having legal title to or possession of the property, an interest in which is being or has been disclaimed, shall be liable for any distribution or other disposition made prior to the delivery to him, her, or it of a copy of the disclaimer, purs…

(a) A disclaimer complying with all the applicable requirements of this chapter shall be effective according to its terms, and shall be irrevocable, upon execution in accordance with the provisions of § 34-5-4, and filing in accordance with the provisions of § 34-5-6. (b) Unless …

(a) The right to disclaim an interest in property shall be barred by: (1) Assignment, conveyance, encumbrance, pledge, transfer or other disposition of the interest, or any contract therefor, by the beneficiary; (2) Sale or other disposition of the interest pursuant to judicial p…

When real estate is charged with the payment of money, either in fixed sums or in annuities for a life or lives or for years, the superior court may, upon the petition of the persons holding title thereto subject to the charge of such payment, and after notice and hearing, author…

Where any person or persons, or others from whom he, she, or they derive their title, either by themselves, tenants or lessees, shall have been for the space of ten (10) years in the uninterrupted, quiet, peaceful and actual seisin and possession of any lands, tenements or heredi…