Rhode Island Statewide Rule
Rhode Island Adverse Possession and Squatter Removal (R.I. Gen. Laws Sec. 34-7-1)
Key Facts
- Adverse possession period
- 10 years (Sec. 34-7-1)
- Required possession
- Open, peaceful, actual, hostile, continuous
- Claim of right
- Held as own estate in fee simple
- Removal
- Court process; no self-help
Summary
Rhode Island allows title by adverse possession after 10 years of continuous possession under R.I. Gen. Laws Sec. 34-7-1, one of the shorter periods nationally. The possession must be open, peaceful, actual, and under a claim of right. A squatter who has not met that 10-year standard is a trespasser removable through the courts.
§ 34-7-1. Conclusive title by peaceful possession under claim of title. Where any person or persons, or others from whom he, she, or they derive their title, either by themselves, tenants or lessees, shall have been for the space of ten (10) years in the uninterrupted, quiet, peaceful and actual seisin and possession of any lands, tenements or hereditaments for and during that time, claiming the same as his, her or their proper, sole and rightful estate in fee simple, the actual seisin and possession shall be allowed to give and make a good and rightful title to the person or persons, their heirs and assigns forever; and any plaintiff suing for the recovery of any such lands may rely upon the possession as conclusive title thereto, and this chapter being pleaded in bar to any action that shall be brought for the lands, tenements or hereditaments, and the actual seisin and possession being duly proved, shall be allowed to be good, valid and effectual in law for barring the action. History of Section. G.L. 1896, ch. 205, § 2; G.L. 1909, ch. 256, § 2; P.L. 1912, ch. 798, § 1; G.L. 1923, ch. 300, § 2; G.L. 1938, ch. 438, § 2; G.L. 1956, § 34-7-1.
Full Breakdown
Under R.I. Gen. Laws Sec. 34-7-1, a person who holds property 'for the space of ten (10) years in the uninterrupted, quiet, peaceful and actual seisin and possession' of the land, claiming it as their own in fee simple, may obtain conclusive title against all others. Rhode Island courts require possession that is actual, open, notorious, hostile, under a claim of right, continuous, and exclusive for the full 10 years. A squatter who has not satisfied these elements has no ownership claim and remains a trespasser. To remove an occupant who is not a tenant, the owner uses the courts rather than self-help; forcible removal or utility shutoffs expose the owner to liability.
Violations & Penalties
An owner may not forcibly eject an occupant or shut off utilities. Improper self-help removal can expose the owner to liability for damages, and the occupant must instead be removed through a court possession or trespass action.
Frequently Asked Questions
How long before a squatter can claim property in Rhode Island?
How do you remove a squatter in Rhode Island?
Sources
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