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Questions Answered by Andrew Bilodeau
1 Answer | Asked in Land Use & Zoning for Rhode Island on
Q: We live in Charlestown RI and recently an inactive quarry has expanded. They have left a buffer of about 25 feet from

our property line but continue to expand. How do we get them to stop? Our bucolic way of life is gone as well as my property value.

Andrew Bilodeau
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Andrew Bilodeau
answered on Jun 15, 2023

Is the expansion causing any disruption in your enjoyment of your home, ie. vibrations, blasting, dust, etc.? I can be reached directly at andrew@bclawri.com. Thank you.

1 Answer | Asked in Real Estate Law and Probate for Rhode Island on
Q: Quit claim question. What the ownership status for a house that we inherited from our mother?

What is the ownership status for a house that we inherited from our mother? She passed away 20 years ago and my brother took control of her house but the two of us never followed through with the quit claim process. Do we legally own the house jointly?

Andrew Bilodeau
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Andrew Bilodeau
answered on Nov 18, 2022

You still have an ownership interest that you can assert. If a probate was never opened, one would need to be opened so that the property could be properly transferred to the rightful heirs. I would need more information - whether there was a will or a trust, and how the property was deeded prior... View More

1 Answer | Asked in Real Estate Law and Probate for Rhode Island on
Q: If my father's house was quit claimed to my brother in 2019 and my dad passed in 2022, does the house go through probate

My brother has lived there most of his life, but never took over any financial or other responsibility for the house while my father was alive

Andrew Bilodeau
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Andrew Bilodeau
answered on Aug 17, 2022

If your father conveyed his entire interest in his house to your brother then the house would not be part of the probate estate because the house was not owned by your father at the time of his death.

2 Answers | Asked in Land Use & Zoning for Rhode Island on
Q: I own 2 lots in Narragansett RI. There is a paper road between the two properties. Does the town own the paper road.

The paper road is woods and swamp, not even a path or dirt road exists. It probably could not be made into a road because of water table. It was platted over 70 years ago. Does the town own the land or just hold a ROW for the property? The other roads in the neighborhood are paved and maintained... View More

Andrew Bilodeau
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Andrew Bilodeau
answered on Aug 16, 2022

Hello,

The paper road is just that a road on the plan that was once anticipated to be a road. The only way to determine the ownership of that paper road is by conducting a title examination. If you have any additional questions, please do not hesitate to ask. Thank you.

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1 Answer | Asked in Contracts for Rhode Island on
Q: Contract law question. Counterparts were signed but were not identical. Multiple differences. Is the contract valid?

No pages were initialed. Its actually an agreement and not a contract, though still not identical. One person used an initially proposed agreement and not the one that was finally settled on.

Andrew Bilodeau
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Andrew Bilodeau
answered on Apr 26, 2022

Unfortunately, the answer you likely didn't want to hear is, it depends. Was each page of the entire contract initialed? Are the different provisions substantive provisions?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Q: In Rhode Island, when signing a lease for commercial space, can landlord request security deposit and last month rent?
Andrew Bilodeau
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Andrew Bilodeau
answered on Apr 29, 2021

Yes. Unlike a residential lease, a commercial lease is not regulated as its a contract between businesses and agreed upon terms are not restricted. Hopefully that helps.

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Business Formation for Rhode Island on
Q: Citizens Bank won't refund money stolen from my business account, now what can I do?

My home office was broken into while I was away. And ex-employee broke into a locked filing cabinet. Jumped threw every hoop they asked, including filing a police report. I also filed with the BBB, OCC and a couple of others. After 6 months of getting the runaround, I get a letter from the OCC... View More

Andrew Bilodeau
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Andrew Bilodeau
answered on Dec 17, 2019

Hi Richard,

Sorry to hear an ex-employee robbed you. Did you check your insurance policy of you are covered for employee dishonesty? Some policies have automatic coverage like $5K-$15K.How were the monies taken, by ACH/wire/check?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: My boyfriend moved in with me in June, we have since broken up. I own my house how can I get him to leave? (I've asked)

My boyfriend moved in with me in June, we have since broken up. I own my house how can I get him to leave? (I've asked) It is my house and he is just staying there, he does have mail come there and switched his license without asking me.

Andrew Bilodeau
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Andrew Bilodeau
answered on Nov 20, 2019

Hello,

You will need to evict him in accordance with the RI Lanlord/Tenant act.

2 Answers | Asked in Real Estate Law and Small Claims for Rhode Island on
Q: My boyfriend's dad is our landlord, his son just got locked up last night and next day he writes a note saying I have to

Move in 2 days and he just accepted my payment for rent this month, can I get my money back

Andrew Bilodeau
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Andrew Bilodeau
answered on Sep 1, 2019

Hello,

Based on the info you provided, your boyfriend’s father would have to evict you and give you proper notice.

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1 Answer | Asked in Real Estate Law for Rhode Island on
Q: My father is selling his mobile home, agreed on a price, inspection came back and told he needs to deduct $800?

My dad agreed to the $26,000 someone offered him, inspection came back with deficiencies and my dad was told he needed to deduct $800. My dad doesn't want to sell now based on the $800 deduction, but the real estate agent told him he has to sell it or he will get sued. Is this true? My dad... View More

Andrew Bilodeau
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Andrew Bilodeau
answered on Jun 12, 2019

If the agreement was for $26,000 your father should receive the full $26,000 if he does not want to make any concessions. Generally the agreement with have a time period for the due diligence - inspections, etc. during that time if an issue is discovered, the buyer can chose to waive the deficiency... View More

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: My husband and I are tenants in common. We have no will. What happens to his portion upon his death.

Husband dying of cancer. West Warwick town hall says I have no worries about the property. Please advise.

Andrew Bilodeau
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Andrew Bilodeau
answered on Jun 2, 2019

Hello,

I’m sorry that you are going through this difficult time with your husband.

I just need to know if your husband has any children and if any of his parents are alive.

This will determine what you receive. Thank you.

Sincerely,

Andrew Bilodeau

1 Answer | Asked in Civil Litigation and Real Estate Law for Rhode Island on
Q: Bought home with big fenced yard for dogs, 5 minutes after closing found out 1/3 of the yard belongs to neighbor. Help.

Last Monday we bought a house in Rhode Island with a big fenced in yard for our dogs. As we were at the closing at the lawyers, the seller of the house told the next door neighbor that a portion (about 1/3) of our soon to be property actually belonged to her and was not part of his property at... View More

Andrew Bilodeau
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Andrew Bilodeau
answered on May 7, 2019

Hello,

There are many components to this That need to be examined before I would be able to give you a correct answer. If during the transaction you purchased title insurance and the owner signed an Affidavit swearing that there are no known encroachments, boundary disputes, etc. you may...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: what can i due if a tenant use there surcerity deposit as there last month rent and there was damage to the place
Andrew Bilodeau
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Andrew Bilodeau
answered on May 6, 2019

Hello,

You will need to provide notice to the tenant regarding the damage to the apartment/house with an itemization of the cost to repair and you can pursue those damages in a court action if they are in an amount to be worthwhile. I would also evaluate whether or not the former tenant has...
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