There are several reasons why a person or entity may apply for a variance, which is an exception to a zoning law. To obtain a variance to alter the dimensions of a property, the applicant might have to show that the variance will relieve a hardship based on the land’s…
Rhode Island Real Estate Lawyer Blog
Rhode Island Superior Court Affirms Zoning Board’s Permit Approval
When a local zoning board grants a permit for a real estate project, the recipient may think they are ready to begin construction. However, receiving a permit might only be the first hurdle to clear. After the board approves your permit application, a local community member may challenge the board’s…
Navigating Rhode Island Boundary Disputes
Boundary disputes can be difficult to resolve. Longtime neighbors often develop close relationships, which can grow complicated when a dispute arises. Physical boundaries like fences and trees can help separate your land from a neighbor’s, but they do not completely settle the issue. Instead, you can look to Rhode Island…
Rhode Island Supreme Court Affirms Relocation Order
If a child’s parents do not live together, relocation can pose difficult problems related to custody and visitation. When one parent with primary custody relocates to another state, the move may affect the other parent’s ability to visit the child. In deciding whether to grant or deny a relocation request,…
Complications of Dividing Pensions and Retirement Accounts in the Event of Remarriage after a Divorce
Rhode Island matrimonial law generally entitles a divorcing spouse to a portion of the other spouse’s retirement or pension assets that accrued during the marriage. This general rule appears to be straightforward, however, it can be distorted in practice. An especially difficult situation can arise when a spouse remarries after…
Private Responsibility for Utility Leaks: A Closer Look at a Recent Rhode Island Judicial Opinion
When it comes to utility leaks and repairs, responsibility can often be a contentious issue. Repairs and maintenance of utility infrastructure can be extremely expensive, and a property owner’s wrongful assumption that a problem is the responsibility of the utility company may be a costly mistake. A recent judicial opinion…
Navigating Property Boundary Disputes in Rhode Island
As one of the first areas of the continent settled by colonists, Rhode Island contains property boundaries that were determined centuries ago, and they may not reflect the boundaries used today. Property boundaries and disputes with neighboring landowners can often lead to complex legal issues that may be difficult to…
Public Access Rights to Coastal Areas in Rhode Island: What You Need to Know
Rhode Island’s stunning coastline is a treasured resource for both residents and visitors. However, ensuring that everyone has equitable access to these beautiful coastal areas can sometimes be a complex issue. The State of Rhode Island has released public guidelines to explain the interplay between public access rights and the…
The Application of Eminent Domain Powers in Rhode Island for Economic Development Purposes.
Governments worldwide have commonly possessed the power to seize the property of private citizens for various reasons throughout time. In the United States, the Revolutionary War was fought partly because England was using this power arbitrarily to take the property of American colonists. After America gained its independence, Congress ratified…
Addressing Issues with Ownership and Control of Utility Service Infrastructure in Rhode Island
In a recent judicial opinion, the question of property ownership takes center stage as the court delves into the intricacies of water distribution systems and their responsibilities for maintenance and repair. The case at hand revolves around a dispute between an individual property owner, the appellant, and a local utility,…