Rhode Island Real Estate Lawyer Blog

New England property owners generally owe members of the public a legal duty of care to maintain safe premises for people using or visiting their property. This responsibility can result in financial liability for injuries suffered by a person while on the premises as a result of the negligence of the property owner. Landlords have…

It is almost always only following unfortunate circumstances that the Rhode Island Department of Children Youth and Families (the DCYF) petitions the court to terminate the parental rights of a natural parent. The procedural requirements and standard of proof required to terminate parental rights are more stringent than in other civil claims, however, these petitions…

The global pandemic caused by the coronavirus known as COVID-19 has affected the United States tremendously. In addition to a death toll in the U.S. that exceeds 120,000, the virus (as well as the measures taken to slow its spread) has caused the U.S. economy to enter the worst recession since the 1930s. As a…

When searching for a homeowner’s insurance policy, many Rhode Island homeowners seek out the lowest premium or highest policy limits without paying much attention to the details of what types of losses are covered or excluded from a particular policy. In the event of an incident involving damage or loss, a homeowner may be denied…

Several states, including Rhode Island, allow mortgage holders to pursue a non-judicial foreclosure of a mortgaged property if a borrower allows a loan to go into default. As a result of this legal framework, mortgage holders can seize and sell property from an owner without pursuing a formal judicial proceeding, potentially limiting a borrower’s ability…

Courts are often said to favor landlords and property owners in Rhode Island residential evictions or other landlord/tenant disputes. While the majority of judgments in summary landlord/tenant cases fall in favor of the landlord, this is not always the case. A recently decided appeal from an eviction judgment in nearby Massachusetts demonstrates that landlords must…

Couples considering divorce in Rhode Island have most likely heard horror stories from other divorced couples who complain about complicated and expensive divorce lawsuits that went on for years, costing hundreds of thousands of dollars, or more. As a divorce case becomes more contested and the parties dig in their heels on specific issues, that…

When large tracts of property in New England are broken up and subdivided into smaller lots for development, disputes can arise between the new owners of the properties over rights-of-way and access to public roads. In a recent state appellate case decided by the New Hampshire Supreme Court, a defendant was estopped, or forbidden, from…

State governments or municipalities in New England and nationwide have the right to issue tax liens on real property if the owner fails to pay property taxes. In these situations, the government entity may ultimately be able to seize and sell off the property to recoup the unpaid taxes. However, this process may be subject…

Settlements, municipalities, and property associations in Rhode Island are often developed upon property lines that can date back as far as the 1700s. Over the centuries, claims to property can become distorted from the original lines, and determining the actual size and shape of a piece of real estate can be a difficult, forensically intensive…