Articles Posted in Real Estate

Municipalities, states, and even the federal government have the right to force the sale of a property to recover unpaid taxes or other fees from the property owner. Property owners who may face a tax sale should be given sufficient notice and the opportunity to pay back what is due before a sale takes place.…

Municipalities in Rhode Island use zoning laws to encourage specific types of buildings and businesses to prosper in certain areas of the municipality. Specifically, cities can use zoning districts to exclude certain uses and types of construction from areas of a city that have been reserved for a specific use as part of a larger…

When larger parcels of land are subdivided into smaller parcels and lots for development, access easements and rights of way are important to preserve the marketability of the land. If certain lots do not have desirable access, they may not be suitable for construction. Buyers of private land should ensure that any easements for roadway…

Residential subdivisions in Rhode Island often contain multiple lots that can only be reasonably accessed through a shared private driveway system, portions of which multiple residents or property owners are entitled to use for accessing their property. Disputes over which parts of a shared driveway are shared and which are private are common, and property…

As state and municipal zoning and land use laws change and evolve, property owners can be placed in a difficult position if the intended use of their property becomes disallowed at some point because of the passage of a new law or regulation. To protect property owner’s rights, Rhode Island law permits owners to seek…

The real estate market across the United States has been on fire lately. According to a recent CNBC article, the median home price increased over 17 percent year-over-year to over $329,000. Rhode Island is no exception. According to a recent analysis from the online real estate company, Redfin, the median list price for a Rhode…

Recently, a state appellate court issued an opinion in a Rhode Island real estate dispute, the facts of which were heavily in dispute. According to the plaintiff, he paid the defendant $150,000 over the course of ten years under the impression that all the money he paid to the defendant would be put towards the…

The United States Constitution protects Rhode Island property owners from government intrusion or possession of their property under the Fifth Amendment. Also, it protects property owners from the unlawful seizure of property without just compensation under the Fourth Amendment. While these protections originally were created to protect against obvious and straightforward intrusions of the public’s…

The requirement that a court has jurisdiction–over both the parties and the issue of a legal dispute–is one of the first questions that a court asks when addressing a legal claim. Without valid jurisdiction over a party or the issue at hand, a court cannot grant the relief requested by the plaintiff. The Rhode Island…

When properties are sold at auction after a foreclosure or other court-ordered liquidation, the terms and conditions of the sale are generally outlined in a contract that is known to potential bidders before the sale takes place. The party who is required to pay the costs, taxes, and fees related to the property and have…