Quiet Title

Rhode Island Quiet Title Attorneys — Resolving Disputes Over Real Estate Ownership

Quiet Title Actions, Property Boundaries, Adverse Possession, Easements, and Defective Deeds

When you need a Rhode Island quiet title attorney, Bilodeau Capalbo, LLC provides representation in disputes involving real estate ownership, competing deeds, title defects, property boundaries, adverse possession, and other claimed property interests. We represent homeowners, property owners, real estate investors, developers, lenders, and businesses throughout Rhode Island, both in asserting ownership rights and defending against competing claims.

A defect in a property’s title can create substantial legal and financial difficulties. Conflicting deeds, competing ownership claims, boundary encroachments, improperly recorded instruments, unresolved liens, and disputes involving longstanding possession can affect an owner’s ability to sell, finance, develop, or use real estate.

Our Rhode Island quiet title attorneys assist clients in establishing ownership rights, removing clouds on title, resolving competing property interests, and litigating disputes concerning real estate throughout Rhode Island.

Bilodeau Capalbo’s Rhode Island Real Estate Law practice combines real estate transactions, title examinations, property litigation, and appellate experience. We represent parties asserting ownership rights as well as property owners defending against competing claims.

Our firm has successfully obtained appellate relief before the Rhode Island Supreme Court in contested adverse possession litigation, including Union Cemetery Burial Society of North Smithfield v. Foisy, 292 A.3d 1205 (R.I. 2023).

What Is a Quiet Title Action in Rhode Island?

A quiet title action is a civil proceeding used to determine the validity of competing claims to real estate, resolve uncertainty concerning ownership, and establish the legal rights of parties claiming an interest in the property.

Rhode Island’s statutory framework for quieting title is contained in R.I. Gen. Laws Chapter 34-16.

Under R.I. Gen. Laws § 34-16-4, a person claiming title or a legal or equitable interest in real estate through a deed, grant, conveyance, devise, or inheritance may bring a civil action against persons asserting or appearing to have competing interests.

The statute expressly authorizes an action to determine the validity of title, remove clouds upon title, and affirm and quiet ownership.

Importantly, § 34-16-4 permits a quiet title action whether the plaintiff is in possession of the property or not.

Quiet title litigation is therefore not limited to situations involving someone physically occupying another person’s land. A dispute may arise from the recorded chain of title, an outstanding ownership claim, a defective conveyance, an alleged easement, or another interest affecting the property.

A quiet title judgment determines the legal interests at issue based upon the parties, the evidence presented, and the applicable law. Obtaining a judgment requires careful attention to the identity of interested parties, the property’s legal description, and the factual and legal basis for the claimed title.

When Is a Rhode Island Quiet Title Action Necessary?

A quiet title action may become necessary when competing claims cannot be resolved through title examination, corrective instruments, negotiated agreements, releases, or other available procedures.

Common circumstances include:

• Conflicting deeds or competing chains of title.
• Errors or omissions in recorded conveyances.
• Claims of ownership arising from adverse possession.
• Disputes involving fences, driveways, retaining walls, or other encroachments.
• Uncertain or disputed boundary lines.
• Claims involving easements or rights-of-way.
• Recorded instruments purporting to create an adverse ownership interest.
• Ownership disputes involving inherited property or multiple parties.
• Title issues following certain foreclosure or tax-sale proceedings.
• Disputes involving mortgages, liens, or other competing property interests.
• Claims concerning ownership of portions of adjoining parcels.
• Uncertain ownership arising from historical subdivisions or recorded plats.

Not every title defect requires a quiet title lawsuit. For example, an unreleased mortgage may sometimes be addressed through a discharge or other corrective procedure without litigation.

Our attorneys evaluate the nature of the defect, the affected property interests, the available evidence, and the appropriate legal remedy before commencing proceedings.

Rhode Island Quiet Title Actions Involving Adverse Possession

One of the most frequently litigated grounds for establishing ownership of disputed land is adverse possession.

Adverse possession permits a person to acquire title to another’s property when the claimant’s possession satisfies the requirements established by Rhode Island law.

The principal statute is R.I. Gen. Laws § 34-7-1.

Under Rhode Island law, a claimant must establish actual, open, notorious, hostile, continuous, and exclusive possession under a claim of right for at least ten years.

The Rhode Island Supreme Court requires all elements to be established by clear and convincing evidence.

These requirements are fact-intensive.

Actual possession concerns how the property has been used or occupied. Open and notorious possession concerns whether the use was sufficiently visible to provide notice of the adverse claim. Hostility concerns whether the possession was inconsistent with the rights of the record owner rather than authorized by permission. Continuity and exclusivity require examination of the duration and character of possession.

The use necessary to establish adverse possession depends upon the nature, location, and ordinary use of the land.

A wooded parcel, residential side yard, commercial property, or undeveloped tract may present different evidentiary considerations.

Our attorneys represent both property owners seeking to establish title by adverse possession and record owners defending against adverse possession claims.

For additional information, visit our Rhode Island Adverse Possession Attorneys page.

Bilodeau Capalbo’s Rhode Island Supreme Court Experience — The Foisy Decision

Bilodeau Capalbo has appellate experience involving the evidentiary standards governing adverse possession and competing real estate ownership claims.

In Union Cemetery Burial Society of North Smithfield v. Foisy, 292 A.3d 1205 (R.I. 2023), attorney Ryanna T. Capalbo represented John and Donna Foisy before the Rhode Island Supreme Court.

The litigation involved disputed portions of property adjoining land owned by the Union Cemetery Burial Society in North Smithfield.

Following a Superior Court trial in which judgment entered against the Foisys, Bilodeau Capalbo was retained for the appeal.

The appeal presented issues concerning whether the Foisys and their predecessors had established the open and notorious elements of adverse possession through longstanding property use and maintenance.

On May 10, 2023, the Rhode Island Supreme Court vacated the Superior Court judgment and remanded the matter for further proceedings.

The Supreme Court determined that the trial justice had overlooked or misconstrued material evidence and had not properly applied relevant authority concerning open and notorious possession.

The Court concluded that the defendants established the open and notorious elements by clear and convincing evidence. The case was remanded for further consideration of the hostile and exclusive elements.

The decision is significant because it demonstrates that landscaping, mowing, clearing vegetation, historical maintenance, and other activities may establish open and notorious possession when considered in the context of the property’s character and the evidence presented.

The Supreme Court’s decision provided important appellate relief but did not itself enter a final judgment awarding the disputed land to the Foisys.

Bilodeau Capalbo’s representation in Foisy demonstrates our experience handling contested real estate ownership claims and challenging trial court determinations when the evidence and applicable law support appellate review.

Read our detailed discussion: Rhode Island Adverse Possession and the Supreme Court’s Foisy Decision.

Recent Rhode Island Supreme Court Decisions Affecting Quiet Title and Adverse Possession Claims

Rhode Island courts continue to develop the law governing adverse possession, property boundaries, permissive use, and conflicting claims to real estate.

Recent decisions demonstrate why quiet title litigation requires a careful assessment of both the legal standards and the factual record.

New Phase Realty, LLC v. Fournier — Evidence of Longstanding Possession

In New Phase Realty, LLC v. Fournier, 337 A.3d 695 (R.I. 2025), the Rhode Island Supreme Court affirmed summary judgment recognizing an adverse possession claim involving a disputed triangular portion of property.

The claimants presented evidence that they had cleared debris, removed vegetation, maintained grass, planted a garden, installed a fence, and used the area for family recreational activities over the requisite period.

The Court determined that the evidence supported the elements of adverse possession by clear and convincing evidence.

The decision illustrates the importance of documenting visible acts of possession over time, particularly when the property has been maintained and treated as part of the claimant’s own land.

Blechman v. Woodward — The Importance of Hostile Possession

In Blechman v. Woodward, 352 A.3d 157 (R.I. 2026), the Supreme Court affirmed the rejection of an adverse possession claim involving a disputed boundary area.

Although the claimants had used and maintained the land, the trial justice found evidence demonstrating acknowledgment of the record owner’s superior title, including inquiries concerning purchasing the property and requests involving use of the land.

The Supreme Court held that the trial justice had not clearly erred in concluding that the claimants failed to establish hostility by clear and convincing evidence.

The decision reinforces that longstanding use alone does not necessarily establish adverse possession. The circumstances under which the claimant used the property, including permission and acknowledgment of ownership, may be decisive.

Desrochers v. Micheli — When Prior Permission May Terminate

In Desrochers v. Micheli, 357 A.3d 1048 (R.I. 2026), the Rhode Island Supreme Court addressed the legal effect of permission granted by a previous owner of adjoining land.

The case involved property use that allegedly began with permission from a prior owner.

The Supreme Court reaffirmed the distinction between the transfer of the property burdened by the use and the transfer of the property benefiting from the use.

Applying Foley v. Lyons, 85 R.I. 86, 125 A.2d 247 (1956), the Court recognized that the conveyance of the burdened property may terminate a personal license previously granted by its owner. Under the circumstances discussed in the opinion, subsequent open use could potentially become adverse to the new owner.

The Court affirmed in part, vacated in part, and remanded for additional factual findings concerning hostility and the location of the disputed land.

This decision is especially relevant where neighboring owners have longstanding informal arrangements involving landscaping, driveways, storage, or improvements located across property lines.

Sepulveda v. Buffum — The Importance of Credible Evidence

In Sepulveda v. Buffum, 334 A.3d 98 (R.I. 2025), the Rhode Island Supreme Court affirmed the rejection of an adverse possession claim involving a driveway encroachment.

The trial justice found that the claimant’s testimony and supporting testimony concerning earlier use lacked credibility and did not establish the necessary period of exclusive possession.

The Supreme Court deferred to the trial justice’s supported credibility determinations.

The case demonstrates that a claimant’s testimony about historical use may be insufficient when it lacks reliable corroboration or does not establish the required elements.

Photographs, surveys, maintenance records, historical documents, and credible witnesses may be important in establishing or defending against such claims.

Boundary Disputes, Encroachments, and Quiet Title Actions

Disagreements between neighboring property owners frequently concern the precise location of a boundary or the ownership of a portion of adjoining land.

These disputes may arise when a survey reveals that an existing improvement crosses the recorded property line.

Common examples include fences, driveways, retaining walls, garages, landscaping, sheds, septic system components, and other improvements.

A survey identifies relevant boundary information, but the legal rights of the parties may depend upon additional considerations.

For example, a recorded boundary may differ from the line recognized and occupied by neighboring owners over many years.

Depending upon the facts, the dispute may involve adverse possession, acquiescence, a claimed easement, trespass, or an action to determine and quiet title.

Bilodeau Capalbo assists property owners with evaluating survey evidence, deed descriptions, historical use, recorded plans, and potential claims for declaratory or injunctive relief.

Our attorneys also represent clients in litigation seeking to prevent unauthorized construction, encroachments, or interference with established property rights.

Boundary by Acquiescence in Rhode Island

Boundary by acquiescence is distinct from adverse possession.

Under Rhode Island law, the doctrine may prevent neighboring property owners from denying a boundary line that has been recognized by the parties for a period equal to the applicable ten-year limitations period.

The doctrine generally requires proof of an identifiable boundary marker and recognition of that boundary for the required period.

A fence, wall, line of stones, or other physical feature may be relevant, but its mere existence does not automatically establish ownership.

The evidence must support the required recognition of the boundary and its duration.

In Urbonas v. Gullison, 337 A.3d 673 (R.I. 2025), the Rhode Island Supreme Court addressed claims involving acquiescence, adverse possession, and prescriptive easements. The Court rejected the application of acquiescence to the particular disputed area while recognizing a prescriptive easement based on the evidence and issues presented.

The Supreme Court’s subsequent decision in Blechman v. Woodward further illustrates the importance of establishing an identifiable boundary recognized for the required period.

Quiet title litigation involving acquiescence often requires a detailed factual investigation into the history of adjoining properties and the conduct of successive owners.

Easements, Rights-of-Way, and Access Disputes

An easement generally provides a right to use land owned by another person for a particular purpose.

Easement disputes may involve access roads, driveways, utility lines, drainage, septic systems, shared improvements, or other uses of adjoining property.

These disputes are not necessarily disputes over ownership of the underlying land.

A property owner may hold title to the land while another party possesses a legally enforceable right to use a portion of it.

Depending upon the circumstances, easement rights may arise through recorded instruments, implication, necessity, prescription, or other applicable doctrines.

A prescriptive easement may arise from qualifying use over the statutory period, but unlike adverse possession, it does not generally require proof of exclusive possession.

Our attorneys represent clients seeking to establish, enforce, interpret, or challenge claimed easement rights.

In appropriate circumstances, litigation may seek a declaration clarifying the existence, location, scope, or enforceability of an easement.

For a more detailed discussion, visit our Rhode Island Easements and Right-of-Way Attorneys page.

Protecting Property Against an Adverse Possession Claim

Rhode Island property owners who discover that another person is occupying or using part of their land should consider their legal options promptly.

Under R.I. Gen. Laws § 34-7-6, an owner may serve and record a notice of intent to dispute possession in accordance with the statute.

The statute establishes requirements governing notice, service, and recording. Proper compliance can interrupt the running of the applicable possession period.

However, the timing of the owner’s action is important. A notice served after the statutory period has already been satisfied may not defeat rights that have already vested.

The Supreme Court addressed the effect of recorded interruption and prior periods of possession in Clark v. Buttonwoods Beach Association, 226 A.3d 683 (R.I. 2020).

An owner should also consider whether the other person’s use was permissive, whether a license or agreement exists, and whether the circumstances support an adverse claim.

We assist property owners in evaluating preventive measures, preparing appropriate notices and agreements, and pursuing quiet title or other litigation when necessary.

Quiet Title Disputes Between Co-Owners and Cotenants

Property owned by multiple individuals can present additional complications.

Disputes may arise among siblings who inherited real estate, former business partners, jointly titled owners, or other parties holding undivided interests in the same property.

An ownership dispute among cotenants differs from a conventional adverse possession claim against a neighboring landowner.

In O’Keefe v. York, 308 A.3d 983 (R.I. 2024), the Supreme Court reaffirmed the heightened showing required when one cotenant seeks to obtain property by adverse possession against another.

The claimant must establish conduct that excludes the other cotenants from exercising their continuing property rights. Merely maintaining or using commonly owned property is not necessarily sufficient.

When the actual dispute concerns the inability of co-owners to continue holding property together, a partition action may be more appropriate than a quiet title action.

Bilodeau Capalbo evaluates the nature of the ownership interests, relevant deeds, agreements, historical use, and available legal remedies to determine the proper course of action.

Quiet Title Actions Following Foreclosure, Tax Sales, and Other Conveyances

Title disputes can also arise after foreclosure proceedings, tax sales, judicial sales, or other transfers of real estate.

These matters may involve conflicting interests among purchasers, mortgage holders, lienholders, former owners, and other parties claiming rights in the property.

Under R.I. Gen. Laws § 34-16-1, certain persons claiming title through tax sales, execution sales, or judicial proceedings may bring quiet title actions under the circumstances established by the statute. Where a statutory redemption period applies, the statute requires that period to expire before the action is brought.

In Twenty Eleven, LLC v. Botelho, 127 A.3d 897 (R.I. 2015), the Rhode Island Supreme Court addressed a quiet title action brought by a purchaser following a condominium association lien foreclosure sale.

The Court recognized the purchaser’s standing to assert its claimed ownership interest and addressed the effect of the particular statutory foreclosure upon a prior mortgage.

The rights arising from any foreclosure or other sale depend upon the governing statutes, applicable redemption rights, the proceedings conducted, and the interests affected.

Our firm represents institutional lenders, private lenders, investors, and other parties in title disputes related to real estate financing and foreclosure.

For additional information concerning our creditor-side practice, visit our Foreclosure Attorneys for Institutional and Private Lenders page.

What Is Required to File a Quiet Title Action in Rhode Island?

Rhode Island quiet title actions involve specific statutory and procedural requirements.

Under R.I. Gen. Laws § 34-16-5, a complaint must contain information concerning the property, the plaintiff’s claimed interest, the source of that interest, known competing claims, and the identity of persons who may assert adverse interests.

The statute also requires information concerning the plaintiff’s ownership, occupation, possession, and enjoyment of the property, including relevant conduct by predecessors in title.

A quiet title action generally proceeds in the Rhode Island Superior Court, which exercises equitable jurisdiction under R.I. Gen. Laws § 8-2-13.

Title Examination and Identification of Interested Parties

Rhode Island law contains a specific procedure for examination of the property’s title.

Under R.I. Gen. Laws § 34-16-2, the plaintiff must select, with court approval, a qualified title company or attorney familiar with examining land titles.

The examiner prepares an abstract of title, reports on the status of title, and identifies parties whose interests may be affected.

The court then addresses the addition and notification of necessary parties.

These requirements are important because a judgment affecting real property must account for the rights of persons holding or claiming interests in the property.

When interested parties cannot be identified or located, § 34-16-12 establishes procedures for service by publication in the circumstances specified by law.

Lis Pendens and Notice of Pending Litigation

Where litigation concerns title to real estate, it may be appropriate to record a notice of lis pendens in the municipal land evidence records.

R.I. Gen. Laws § 9-4-9 governs the effect and recording of notices of pending proceedings affecting real estate.

A properly recorded notice can provide important notice to persons who later acquire interests in the property.

The decision to record such a notice requires consideration of the actual claims and the statute’s requirements.

Bilodeau Capalbo assists clients with evaluating the procedural requirements of quiet title litigation and preparing the pleadings, title documentation, notices, and other submissions necessary to present their claims.

Evidence Commonly Used in Quiet Title Litigation

Real estate ownership disputes frequently involve historical facts extending back many years.

The available evidence may include recorded deeds, mortgages, easements, subdivision plans, surveys, municipal records, aerial photographs, historical photographs, tax assessments, maintenance records, construction documents, and correspondence between property owners.

Witness testimony may be particularly important in disputes involving adverse possession, permissive use, acquiescence, and longstanding boundary arrangements.

The significance of the evidence depends upon the particular legal theory being asserted.

For example, evidence that an individual maintained property for ten years may support certain elements of adverse possession but may not establish hostility or exclusivity.

Likewise, the existence of a fence does not necessarily establish that adjoining owners recognized it as their legal boundary.

Our attorneys evaluate the available evidence, identify factual deficiencies, obtain appropriate documentation, and prepare claims and defenses based upon the controlling legal standards.

Quiet Title Litigation, Settlement, and Judicial Relief

Not every real estate ownership dispute requires a trial.

Some disputes can be resolved through negotiated boundary agreements, corrective deeds, easement agreements, releases, or other properly documented arrangements.

When settlement is not possible, litigation may be necessary to determine title and enforce the parties’ rights.

Depending upon the circumstances, an action may involve requests for declaratory relief, quiet title, injunctive relief, damages arising from related wrongful conduct, or other appropriate remedies.

Our attorneys handle pleadings, discovery, motion practice, evidentiary hearings, trials, and appeals when appropriate.

A successful resolution should address not only the immediate dispute but also the property’s future use, marketability, financing, and potential transfer.

Any settlement, judgment, deed, or other instrument affecting title should be appropriately documented and recorded when required.

Why Choose Bilodeau Capalbo for a Rhode Island Quiet Title Dispute?

Bilodeau Capalbo combines experience in real estate litigation, property ownership disputes, title examinations, commercial transactions, construction matters, and appellate advocacy.

Our work involves protecting property interests that may carry substantial financial and practical consequences.

A disputed strip of land may affect the location of a driveway, septic system, building improvement, or proposed development. An unresolved title defect may interfere with a sale or financing transaction. An asserted easement may substantially affect how property can be used.

Our attorneys understand that these matters require more than simply identifying the parties named in recorded deeds.

Effective representation may require examining decades of property history, evaluating survey evidence, investigating historical possession, interpreting recorded instruments, and applying Rhode Island Supreme Court decisions to the facts presented.

Our successful appellate representation in Foisy reflects our ability to address complex ownership disputes at the Rhode Island Supreme Court.

Our broader Real Estate Litigation practice also encompasses boundary disputes, encroachments, easements, adverse possession, contractual disputes, and related real property claims.

Contact a Rhode Island Quiet Title Attorney

If you are facing a dispute over real estate ownership, have discovered a defect in your property’s title, or believe another person is asserting ownership over part of your land, Bilodeau Capalbo, LLC can assist you in evaluating your legal rights and available remedies.

Our firm represents homeowners, investors, developers, lenders, and other property owners in quiet title and related real estate litigation throughout Rhode Island.

We handle matters in Providence County, Kent County, Washington County, Newport County, and Bristol County, including disputes involving residential, commercial, and undeveloped property.

Contact Our Rhode Island Real Estate Attorneys

Our attorneys can review available deeds, surveys, title reports, correspondence, and other relevant documentation to evaluate the nature of the dispute and the available legal remedies.