Rhode Island Real Estate Lawyer Blog

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…

Rhode Island state law allows for the formation of various trusts and similar instruments in order for a person or organization (the settlor) to place their assets under the protection or control of another (a trustee) for the benefit of some person or organization (the beneficiary). Trusts are often designed to benefit one party until…

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…

Pursuing a Rhode Island homeowners or property insurance claim can be much more difficult than it should be. Although insurance companies are paid by their clients for the express purpose of providing coverage against a covered loss, once a claim is filed, an insurance company often treats their client as a hostile party. Claims adjusters…

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…

Common law doctrines that apply to property ownership often create strict rules for how the ownership is determined after the death of a co-tenant. One such doctrine is the right of survivorship, which automatically transfers the interest of a deceased joint tenant to the other joint tenants, instead of to the deceased’s own heirs through…