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Rhode Island Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Rhode Island on
Q: I'm owner of building condemned because building is without power. RI Power cut wires when tenant didn't pay bill.

Building in Providence RI. Given 30 days to fix it is taking longer. What do I do? Am I in danger of losing my building?

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... Read more »

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: What does legal description of property mean on a quitclaim deed in RI
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 26, 2022

Legal Descriptions give the angular calls and distances between corners of the property, or may be lot reference to a certain lot on a recorded subdivision plat, which then shows angles and boundary lengths for all lots. Some places use the rangeship/ township method of describing a certain parcel... Read more »

2 Answers | Asked in Real Estate Law for Rhode Island on
Q: R.I. law that allows a tenant in common owner of property to sell its share w/o permission from the other cotenants.

Also, can a tenant in common ask any amount for its share where no pre-existing agreement exists betw the tenants

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

Tenants In Common almost always have a right to sue for a Sale For Partition. The Court ordered Sale price is for the whole property, which is then disbursed according to the order. Each Tenant normally gets the same after expense share, although sometimes there are equitable adjustments.

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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
PREMIUM
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.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: If I have a case against a contractor do I need to retain the property till the case is done?
Albin Moser
Albin Moser
answered on Mar 2, 2022

No, you do not have to retain the real estate until the case is done, but there are some things you should do before you sell it. You do need to gather your evidence while it is still fresh, and give the contractor the opportunity to do the same.

First, hire a registered contractor to look...
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1 Answer | Asked in Real Estate Law for Rhode Island on
Q: How many egresses are new 2 family homes required to have in Providence RI
Neville Bedford
Neville Bedford
answered on Feb 21, 2022

Check with the regulations at https://www.sos.ri.gov/divisions/open-government-center/rules-and-regulations/building-and-fire-codes

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Am an ascertained heir to a property and want to keep rights is redemption.. need to answer the court… how do I do that

Need to work with a lawyer

Albin Moser
Albin Moser
answered on Jan 31, 2022

Rights of redemption usually refers to a municipal tax sale. The property may have been sold at tax sale and if so then you have a limited period of time to redeem it, by paying off the debt to the person who bought it at tax sale. There are deadlines stated in the notices that you receive. If you... Read more »

2 Answers | Asked in Real Estate Law for Rhode Island on
Q: I am in RI. My siblings and I inherited a house from my brother when he died. There is a mortgage on the house.

One of my brothers is considering buying the house. We will naturally charge him a lot less than the appraised price. Does the mortgage go with the house or are we responsible for paying it off before we sell it to him?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 13, 2022

First a determination of who are the titled owners should be made. If the Mortgage is not satisfied and released, the brother takes the improved real property subject to the Mortgage. Apparently none of you all are personally liable on the Note, but if not paid, Foreclosure occurs. Remember... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Rhode Island on
Q: Is there a way of signing over our home to my son, maintain life tenancy, and exclude his current wife?

The home has been in the family for multiple generations and we are not certain his current wife is in this long term and want to be certain if we sign it over she can't get it if they divorce.

Albin Moser
Albin Moser
answered on Dec 3, 2021

The life estate might provide some protection. A trust might provide more, especially during your life. But, at some point in the future, if he and she are living there and you have passed on, then he will probably own the property outright. It would be hard at that point for him to prevent her... Read more »

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1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: I own a house with my parents. Jtwros. My husband and i live there with them. We are separating. Can he claim ownership?

We are common law married. We've lived in the house for over 10 years.

Albin Moser
Albin Moser
answered on Aug 30, 2021

If you are an owner with your parents in a joint tenancy with rights of survivorship then your husband can claim a right to equitable distribution of some of the equity in the house. That means money. He can’t claim ownership.

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
PREMIUM
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 Divorce and Real Estate Law for Rhode Island on
Q: My ex wife is in contempt of court for not selling my house when our son graduated as stated in the divorce decree

Will she have to give me the house or sell it and give me the amount of money started that she owes me

Neville Bedford
Neville Bedford
answered on Oct 27, 2020

Talk to your attorney to help prepare and present your motion for relief.

1 Answer | Asked in Criminal Law, Federal Crimes and Real Estate Law for Rhode Island on
Q: If a person has been nominated to be executor of will, steals estate from beneficiary is it criminal.

A prior will has been submitted with different executor. The other nominee has already stolen all property and is trying to sell a house under beneficiary's nose and keep everything. Is this a crime or it it a civil issue?

Thomas Briody
Thomas Briody
answered on Sep 28, 2020

This is a trusts and estates issue. It may be civil in nature, but if you are alleging theft, there may be a criminal element to it. You should find a civil litigator who has experience or knowledge about contesting a will or challenging the distribution of assets from an estate. From the way... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Rhode Island on
Q: Is it legal to have a Shared utility only wired to my meter? This has never been disclosed to me by the landlord.

My electric bill is triple my neighbors. I have lived here for 5 years. My landlord has never mentioned that I pay for a shared utility. This has just come to light when I had an electrician come check to see why my electric bill was so high. Upon further examination a plumber became involved... Read more »

Neville Bedford
Neville Bedford
answered on Jul 6, 2020

It is unclear what expense is shared, and what is due to the leak. If the pump is not yours, you may have a case of theft of utilities against the person who wired it on your service. This may require more investigation and perhaps professional legal representation. Once you have all of the... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Small Claims for Rhode Island on
Q: I just found out I have been paying rent since October to a person who didn't own the house. It was a foreclosure

the people who actually bought the house got the paperwork yesterday and showed up today. What can be done about the rent we have paid so far to the shady person who did this to us

Neville Bedford
Neville Bedford
answered on Jul 6, 2020

Report them to the authorities. http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-18/34-18-38.2.HTM compliance is mandatory. Retain an attorney if you are served with an eviction complaint.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: how can make estate agencies to stop selling my home with their predicted price on their own sight

I own property with area avarge sale price 75000 dollars. The government assignment value is 22000 dollars

Real Estate agencies more than one forcing me to sell it cheep as less than 10000 dollars by listing it on their own site without my permission

How can I stop them... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 25, 2020

Nobody can force you to sell your house. If a realtor is offering your house for SALE without your permission you should file a complaint with

the Rhode Island Board of Realtors and also the Rhode Island Department of Consumer Protection.

However do be sure they are really listing...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: Should I carry forward the balance until they catch up or apply each week they pay to the previous week?

I have 2 tenants on a week to week lease. They're 1 wk behind. They are asking that the late week that was paid 6 days late be carry forward as if they slipped a week until they can pay that skipped week in 2 weeks instead of adding the rent payment they give me each week to the previous week.... Read more »

Neville Bedford
Neville Bedford
answered on Dec 24, 2019

The offer-er is the master of their offer and you are free to come to whatever arrangements you like. I might suggest you set a deadline for the late fee waiver to give them some incentive to catch up.

1 Answer | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Rhode Island on
Q: What are my legal rights when I'm only tenant on my lease. My gf will not leave willingly

She has repeatedly threatened me to call police for no reason and have me removed out of my own place. I pay 1500 a month and she pays nothing. I'm trying to end this controlling relationship.

Neville Bedford
Neville Bedford
answered on Dec 24, 2019

If the threats are of imminent physical or bodily harm, seek a protective order. If your local law enforcement will not assist you in removing this now unwelcome guest, you may have to file a formal eviction. This is where the help of a private attorney will be most useful.

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