Rhode Island Real Estate Lawyer Blog

State governments or municipalities in New England and nationwide have the right to issue tax liens on real property if the owner fails to pay property taxes. In these situations, the government entity may ultimately be able to seize and sell off the property to recoup the unpaid taxes. However, this process may be subject…

Settlements, municipalities, and property associations in Rhode Island are often developed upon property lines that can date back as far as the 1700s. Over the centuries, claims to property can become distorted from the original lines, and determining the actual size and shape of a piece of real estate can be a difficult, forensically intensive…

Rhode Island and other state’s laws grant cities and other municipal associations the ability to purchase land from private property owners as is necessary for the construction or maintenance of sewer and drainage systems which are needed for the public convenience, health, or welfare. If a private property owner cannot agree with the municipality on…

It is widely accepted that Rhode Island landowners should be awarded compensation for regulatory takings such as municipal utility construction that is performed on or under their property while the landowner maintains possession of the property. Furthermore, if a municipal or state actor takes entire possession of private land for utility or development purposes using…

Factual determinations that are made by family courts in Rhode Island divorce proceedings may be the subject of much dispute and differing interpretations, but appellate courts usually grant lower courts great deference by accepting a family court’s factual findings unless there is overwhelming evidence of a mistake. The Rhode Island Supreme Court recently decided an…

Several state and federal laws require that a home sold for habitation in Rhode Island meet specific standards for habitability and use. Additionally, home purchases are protected by common law holdings that forbid sellers from intentionally concealing or misrepresenting certain issues or defects which may exist in a home that is under contract. A state…

Most Rhode Island homeowner’s insurance policies insure the policyholder from personal liability for injuries and property damage that may occur both on the insured property as well as in other places. The personal liability protection is broad, but not unlimited, and many exclusions apply, depending on the specific homeowner’s insurance policy. In a recently decided…

Rhode Island property owners have serious interests in maintaining public road access to their property when larger tracts of land are divided after a sale or other conveyance. Occasionally, tracts of property that are not adjacent to any public road require easements on adjoining property in order to be accessible and maintain their value. A…

Owners of real property located in New England coastal areas or near other protected natural resources are subject to local, state, and federal laws that may restrict or prohibit construction on the property in ways that the owner may not expect. The Appeals Court of Massachusetts recently published an opinion in a case filed by…

Disputes between neighbors over construction and land use within Rhode Island residential subdivisions often get out of hand, with homeowners going to great lengths to prevent their neighbors from using their property in the way they see fit. The Rhode Island Superior Court recently issued a ruling in a lawsuit that was filed over such…