Title 27, Title 27: Property

§ 101. Definition; exemption from attachment and execution The homestead of a natural person consisting of a dwelling house, outbuildings, and the land used in connection therewith, not exceeding $125,000.00 in value, and owned and used or kept by the person as a homestead togeth…

§ 102. Designating homestead in case of levy When an execution is levied upon real estate of the person of which a homestead is a part or upon that part of a homestead in excess of the limitation of $125,000.00 in value, that person may designate and choose the part thereof, not …

§ 103. When real estate mortgaged At the time of such levy of execution, if the homestead or real estate is encumbered by mortgage, the value and location of the homestead shall be fixed as provided in section 102 of this title and the sale shall proceed in the same manner as whe…

§ 104. Products of homestead When the personal property of the person is attached or taken on execution against the person and the debtor claims that the same or a part thereof is the product of the homestead, appraisers shall be appointed and sworn as provided in section 102 of …

§ 105. Surviving spouse’s interest in homestead If a person dies leaving a surviving spouse, the person’s homestead to the value provided in this chapter shall pass to and vest in the surviving spouse without being subject to the payment of debts of the deceased, unless legally c…

§ 106. Forfeiture and sale (a) When there are minor children living, an executor or administrator may make application to the Probate Division of the Superior Court to sell such homestead, such application stating the facts on which it is based, where: (1) the widow or surviving …

§ 107. Liability of homestead for debts Such homestead shall be subject to attachment and levy of execution upon causes of action existing at the time of acquiring the homestead, except as otherwise provided in this chapter. For that purpose, such time shall be the date of the fi…

§ 108. Liability of homestead for taxes Like other real estate, a homestead shall be liable for the payment of taxes assessed thereon.

§ 109. Acquisition of new homestead When a person acquires a new homestead, the prior homestead shall be liable for his or her debts and may be conveyed by him or her like other real estate. Such new homestead shall not be liable for causes of action against him or her to which s…

§ 141. Execution and acknowledgment of conveyance (a) A homestead or an interest therein shall not be conveyed by the owner thereof, if married, except by way of mortgage for the purchase money thereof given at the time of such purchase, unless the wife or husband joins in the ex…

§ 142. Homesteader under guardianship When the guardian of a married person is licensed to sell the real estate of his or her ward, the wife or husband of the ward may join with the guardian in the conveyance and release his or her right of homestead in the granted premises, as s…

§ 143. Spouse with a mental condition or psychiatric disability (a) When the spouse of an owner of a homestead lacks capacity to protect the spouse’s homestead interest due to a mental condition or psychiatric disability and the owner desires to convey the homestead or an interes…

§ 144. Effect when spouse joins in conveyance The joining by a wife or husband in such conveyance shall have no effect upon her or his right to a third in value of the real estate of which the husband or wife died seised.

§ 145. Effect of spouse joining in mortgage If the homestead or lands included therein are mortgaged by the joint deed of husband and wife, the joining of the wife or husband in the mortgage shall have no other effect than to bar her or his claim to the homestead as against the m…

§ 181. Appraisal and severance of homestead When, in a case not otherwise provided for in this chapter, it is necessary in a proceeding to sever or set out a homestead from other real estate, the court in which such proceedings are pending may appoint three commissioners to appra…

§ 182. Application to Superior Court for relief When a dwelling house, outbuildings, and lands in which a homestead right exists exceed in value $125,000.00 and a severance of the homestead would greatly depreciate the value of the residue of the premises or be of great inconveni…

§ 183. Transfer or sale in lieu of severance When it appears upon hearing that the homestead cannot be occupied in severalty without great inconvenience to the parties interested therein or in the residue, the court may order the homestead to be transferred to such other parties …

§ 184. Beneficial sale without severance When it appears to the Probate Division of the Superior Court that it would be beneficial to the widow or surviving husband of a deceased person, interested in the homestead, or when it appears that the severance of such homestead would gr…

§ 185. Control of proceeds of sale When a homestead is sold by the guardian of the husband or wife and the wife or husband joins in the conveyance, releasing her or his right of homestead or when it is sold under provisions of section 184 of this title, the Probate Division of th…

§ 301. Manner of conveying Conveyance of land or of an estate or interest in land may be made by deed executed by a person duly authorized to convey it, or by the person’s attorney, and acknowledged and recorded as provided in this chapter. (Amended 2023, No. 6, § 321, eff. July …

§ 302. Effect of oral conveyance Estates or interests in lands, created or conveyed without an instrument in writing shall have the effect of estates at will only. An estate or interest in lands shall not be assigned, granted, or surrendered unless by operation of law or by a wri…

§ 303. Trusts concerning realty A trust concerning lands, excepting such as may arise or result by implication of law, shall not be created or declared unless by an instrument in writing signed by the party creating or declaring the same or by his or her attorney.

§ 304. Assignment of lease to be by deed The assignment of a lease of lands, if the lease is for a longer term than one year, shall be by deed, signed, sealed, witnessed, acknowledged, and recorded as provided for deeds in this chapter. An assignment otherwise executed shall be v…

§ 305. Conveyances effected through power of attorney (a) A deed or other conveyance of lands or of an estate or interest therein, made by virtue of a power of attorney, shall not be of any effect or admissible in evidence unless the power of attorney is signed, acknowledged, and…

§ 306. Evidence When a deed is made by virtue of a power of attorney thus executed and recorded, a certified copy of the record of such power of attorney may be read in evidence when the original cannot be produced.

§ 307. Vendor’s liens The vendor of real estate shall not have a lien thereon for unpaid purchase money, except such lien as is created and evidenced by deed executed, acknowledged, and recorded as deeds of conveyance of real estate.

§ 308. Mines and quarries The grantee of a mine, quarry, or of the right of mining and quarrying, in severance from the ownership of the soil, within 30 days after its execution, shall cause his or her deed, lease, or other instrument to be recorded in a book kept for that purpos…

§ 309. Proration of taxes (a) Unless otherwise expressly stated or agreed, in any offer or contract for the purchase and sale of real property, real property taxes assessed and payable shall be prorated as follows so that as between the parties, but not otherwise: (1) In municipa…

§ 341. Requirements generally; recording (a) Deeds and other conveyances of lands, or of an estate or interest in land, shall be signed by the party granting the same and acknowledged by the grantor before a notary public and recorded at length in the clerk’s office of the town i…

§ 342. Acknowledgment and recording required A deed of bargain and sale, a mortgage or other conveyance of land in fee simple or for term of life, or a lease for more than one year from the making thereof shall not be effectual to hold such lands against any person but the granto…

§ 343. Conveyance of wife’s real estate A husband and wife, by their joint deed, may convey the real estate of the wife as she might do by her separate deed if unmarried.

§ 344. Conveyances of joint interests when husband under disability The wife of a man under guardianship may join with the guardian in making partition of her real estate held in joint tenancy or in common and, with the guardian, may jointly make a release or other conveyance for…

§ 345. Conveyances of wife’s realty in which disabled husband has an interest When the guardian of a married man is licensed to sell the interests of the ward in any real estate of his wife, the wife may join with the guardian in the conveyance and convey her estate and interest …

§ 346. Conveyances by corporation A public or private corporation authorized to hold real estate may convey the same by an agent appointed by vote for that purpose.

§ 347. Validity of deeds executed under prior law Deeds of bargain and sale, mortgages or other conveyances of real estate, previously made and executed according to former laws and usages in this State, shall be valid and effectual. (Amended 2023, No. 6, § 324, eff. July 1, 2023…

§ 348. Instruments concerning real property validated (a) When an instrument of writing shall have been on record in the office of the clerk in the proper town for a period of 15 years, and there is a defect in the instrument because it omitted to state any consideration or was n…

§ 349. Conveyance to grantor and others (a)(1) Without an intervening conveyance, a person may convey interests in real estate directly: (A) to themselves in a different legal capacity; (B) to the person’s spouse; or (C) to themselves and one or more other persons, including the …

§ 350. Change in name or status of owner of real estate Any person or corporation owning real estate or having an interest in real estate whose name has been changed, and any corporation that has been merged into or consolidated with another, may file with the town clerk of the t…

§ 351. Estates and trusts; conveyances, satisfactions, grants, and releases (a) A conveyance or grant of an interest in real or personal property made to the estate of a decedent, to the estate of a ward, to the ward’s guardian, or to a trust, including a trust in the form of a p…

§ 371. Proving execution when grantor dies or leaves State When a grantor or lessor dies or leaves the State without acknowledging the grantor’s or lessor’s deed, the execution of the deed may be proved by the testimony of a subscribing witness before a Justice of the Supreme Cou…

§ 372. Proceedings when grantor refuses to acknowledge—summons When a grantor or lessor refuses to acknowledge the grantor’s or lessor’s deed, the grantee or lessee, or a person claiming under the grantee or lessee, may apply to a Superior Judge who shall issue a summons to the g…

§ 373. Notice When the summons is served by leaving a copy at the usual place of abode of the grantor or lessor, and it does not appear that actual notice was given, the judge shall continue the hearing from time to time, not exceeding 90 days, and direct that actual notice be gi…

§ 374. Hearing and certificate When it appears from the officer’s return that a copy of such summons was delivered to the grantor or lessor, the judge may take evidence of one or more of the subscribing witnesses to the execution of such deed, at the time designated for hearing o…

§ 375. Witnesses dead or out of State When a grantor or lessor refuses to acknowledge his or her deed and the subscribing witnesses to the same are dead or out of the State, it may be proved before the Supreme or any Superior Court by proving the handwriting of the grantor or les…

§ 378. Effect of recording unacknowledged deed A person interested in a deed or lease not acknowledged may cause the deed or lease to be recorded without acknowledgment before or during the application to the court or the proceedings before any of the authorities named in section…

§ 380. Disclosure of information; conveyance of real estate (a) Prior to or as part of a contract for the conveyance of real property, the seller shall provide the buyer with the following information: (1) [Repealed.] (2) [Repealed.] (3) a physical or electronic copy or a digital…