Articles Posted in Real Estate

Until 1978, many homes and businesses were constructed or renovated with paint containing lead. Lead is an element that has been found to cause many health problems, especially in children. In children, lead can impair brain development, as well as renal function and the nervous system. Considering these risks, the U.S. federal government banned the…

It is not uncommon for private businesses to allow land adjacent to their property to be used by customers for parking or other purposes. Often, months or years can pass before the rightful owner of a piece of property realizes that an adjacent property owner is using it for their own purpose. A recently published…

As property values increase in coastal Rhode Island and residents of other states purchase beachside homes as retirement or vacation properties, the long-standing conflicts over public beach access in the state will continue to worsen. Wealthy landowners and developers of luxury properties have a financial incentive to restrict public access to beaches in order to…

The laws of trespass are generally understood to apply to people who enter or remain on a piece of personal property without the consent of the owner or the legal right to do so. From a legal standpoint, the theory of trespass is much broader. Trespass to land is generally understood to entail a wrongful…

Across the United States, municipalities, states, and even the federal government have the right to seize the property of private citizens under some circumstances. Although the Fourth Amendment to the U.S. Constitution protects citizens from unreasonable search and seizure of their property, government actors have carved out a range of “reasonable” seizures that are permitted…

Although trespassing is against the law in Rhode Island, adverse possession is legal a loophole that allows individuals to secure an ownership interest in a piece of property after a certain amount of time has passed. To avoid this issue, landowners should familiarize themselves with the basics of adverse possession claims in Rhode Island so…

Any time you enter into a contract, it is crucial that you understand all of the terms and conditions of the agreement you are entering into. This is of especially high importance for agreements such as insurance policies on major purchases in your life, such as your car or your home. Although many insurance policies…

For homes located between two towns, homeowners will often struggle with water service rights. Sometimes, neither town will claim responsibility to provide the landowners with water and other natural resources. However, owners can bring what is called a “friendly lawsuit” against a city, in order to speed along the process of providing water to residents.…

Agreements and plans to develop real property into commercial or residential real estate are often reliant on several conditions being met before the agreement can be fully executed and construction begins. Developers must often obtain financing, zoning rights, and natural resources clearance before constructing a development. When unexpected or unforeseen obstacles to any of these…

After a party fails to manage their property accordingly, a real estate dispute may involve the court-ordered appointment of a temporary receiver who steps in to manage the property on that party’s behalf. The Rhode Island Supreme Court recently issued an opinion in a real estate case involving condominiums and a receivership. The court addressed…