Articles Posted in Real Estate

In a recent property case before the Rhode Island Supreme Court, the court considered a case involving the right to parking spaces in a Rhode Island parking lot. The case arose over parking spaces in a section of Westerly, Rhode Island. Evidently, In 1985, JHRW LLC transferred ownership of two buildings to Seaport Studios, Inc.…

In June, the state’s high court issued a written opinion in a Rhode Island landlord-tenant case discussing whether an out-of-state landlord’s failure to comply with a statutory requirement that she maintain an in-state agent entitled the tenant to all rents paid during periods of non-compliance. Ultimately, the court concluded that the statutory text and the…

Buying a home is likely the biggest purchase most people make in their lifetime. However, purchasing a home in Rhode Island is not without its risks. There are, however, certain steps prospective homeowners can take to reduce their exposure. Title insurance offers prospective homeowners a way to mitigate many of the risks of buying a…

Not just any person can file a claim in court. In order to bring a lawsuit, the plaintiff must have the legal ability to bring the claim. This is referred to as “standing.” The state’s high court recently heard a Rhode Island real estate case in which the court decided that a plaintiff did not…

In a real estate case before Rhode Island’s Supreme Court, the court considered the validity of the assignment of a mortgage in a foreclosure action. Evidently, in 1984, the defendants obtained title to a house in Cranston, Rhode Island. In 2006, the defendants executed a promissory note to a mortgage company, Zurich Mortgage Solutions, for…

One of the most fundamental rights of Rhode Island property ownership is the ability to exclude trespassers from your property. However, if a landowner is not careful, continuous trespassers may be able to claim an ownership right in the property if they can meet the elements of a Rhode Island adverse possession claim. The adverse…

The laws and regulations that apply to subdivisions of land vary by the locality and the specifications of the property, making some Rhode Island real estate disputes quite complex. The high court in neighboring Massachusetts confronted these complexities when it decided a case involving the subdivision of land that took place in 1964. Evidently, in…

In May 2019, a state appellate court issued a written opinion in a Rhode Island real estate case discussing the plaintiff’s claim that a tax levied against the plaintiff’s property was illegal. However, the court determined that the tax was not illegal, but technically an “overassessment,” and that the plaintiff failed to timely file a…

Buying a home is a big decision. Whether it be a modest first-time home or a multi-unit investment property, home buyers should take every precaution before the purchase of any Rhode Island real estate. One of the most important things that prospective home buyers can do before beginning their search is to understand the roles…

For most people, their home is their most valuable asset. However, when circumstances unexpectedly change, many people find that it is challenging to keep up with a mortgage, utilities, and the other expenses of maintaining a home. If a mortgage goes unpaid, the lending financial institution will eventually initiate Rhode Island foreclosure proceedings. A foreclosure…