Key Takeaways
- Rhode Island recognizes various forms of property ownership including tenancy in common and joint tenancy
- Rhode Island allows tenancy by the entirety for married couples with right of survivorship
- Deeds must be recorded with the local city or town clerk to provide constructive notice
- Rhode Island uses both warranty deeds and quitclaim deeds in transactions
- Property taxes in Rhode Island are assessed and collected by municipalities
Rhode Island Property Law
Rhode Island property law governs how real estate is owned, transferred, and recorded.
Forms of Property Ownership
Tenancy in Common
| Feature | Description |
|---|---|
| Ownership shares | Can be equal or unequal |
| Right of survivorship | No - interest passes to heirs |
| Transfer | Each owner can sell their share |
| Default | Rhode Island default if not specified |
Joint Tenancy
| Feature | Description |
|---|---|
| Ownership shares | Must be equal |
| Right of survivorship | Yes - passes to surviving owner(s) |
| Four unities | Time, title, interest, possession |
| Creation | Must be expressly stated in deed |
Tenancy by the Entirety
| Feature | Description |
|---|---|
| Who can hold | Only married couples |
| Right of survivorship | Yes - automatic |
| Transfer | Both spouses must agree |
| Creditor protection | Generally protected from individual creditors |
Key Point: Rhode Island recognizes tenancy by the entirety for married couples, providing both survivorship rights and creditor protection.
Types of Deeds
Warranty Deed
| Feature | Description |
|---|---|
| Guarantees | Full warranties of title |
| Grantor liability | Liable for all title defects |
| Use | Most common for sales |
| Protection | Highest level for buyer |
Special Warranty Deed
| Feature | Description |
|---|---|
| Guarantees | Only during grantor's ownership |
| Grantor liability | Limited to grantor's period |
| Use | Estates, foreclosures |
Quitclaim Deed
| Feature | Description |
|---|---|
| Guarantees | None |
| Grantor liability | None |
| Use | Clearing title, transfers between family |
| Protection | Lowest level for buyer |
Recording System
Where to Record
In Rhode Island, deeds and other documents affecting real property are recorded with the city or town clerk (or recorder of deeds) in the municipality where the property is located.
Purpose of Recording
| Purpose | Description |
|---|---|
| Constructive notice | Public is deemed to know of recorded documents |
| Priority | First to record generally has priority |
| Chain of title | Creates searchable ownership history |
| Protection | Protects against subsequent claims |
Recording Requirements
| Requirement | Details |
|---|---|
| Original document | Must be original or certified copy |
| Proper execution | Signed by grantor |
| Acknowledgment | Notarized |
| Recording fee | Paid to municipality |
Property Taxes
Assessment and Collection
| Aspect | Details |
|---|---|
| Assessed by | Local municipality (city/town) |
| Tax rate | Set by municipality |
| Due dates | Vary by municipality |
| Lien priority | Property tax liens are superior liens |
Tax Proration at Closing
When property transfers, taxes are typically prorated between buyer and seller based on the closing date.
Liens and Encumbrances
Types of Liens
| Lien Type | Description |
|---|---|
| Property tax | Superior lien for unpaid taxes |
| Mortgage | Voluntary lien securing loan |
| Mechanic's lien | For unpaid construction work |
| Judgment lien | Court-ordered lien |
Priority Rules
Generally:
- Property tax liens (superior)
- First recorded mortgage
- Subsequently recorded liens in order
- Mechanic's liens (may relate back to work start date)
Exam Tip: Understanding lien priority is important for determining who gets paid first if property is sold or foreclosed.
Which form of property ownership is only available to married couples in Rhode Island?
Where are deeds recorded in Rhode Island?