Introduced By: Representatives Rabideau, Lally and Russo
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 34-13.1-3 of the General Laws in Chapter 34-13.1 entitled "Marketable Record Title" is hereby amended to read as follows:
34-13.1-3. Interest to which title is subject. --
Such marketable record title is subject to: (1) All interest and
defects which are created by or arise out of the muniments of
which the chain of record title is formed; provided a general
reference in the muniments, or any of them, to easements, use
restriction, encumbrances or other interests created prior to
the root of title are not sufficient to preserve them, unless
specific identification is made therein of a recorded title transaction
which creates the easement, use restriction, encumbrance or other
interest; (2) all interests preserved by the recording of proper
notice or by possession by the same owner continuously for a period
of forty (40) years or more, in accordance with section 34-13.1-5;
(3) the rights of any person arising from a period of adverse
possession or use, which was in whole or in part subsequent to
the effective date of the root of title; (4) any interest arising
out of a title transaction which has been recorded subsequent
to the effective date of the root of title from which the unbroken
chain of title of record started; provided such recording shall
not revive or give validity to any interest which has been extinguished
prior to the time of the recording by the operation of section
34-13.1-4; (5) the exceptions stated in section 34-13.1-17 as
to rights of reversioners in leases, as to apparent easements
and interests in the nature of easements, and as to interests
of the United States, this state and political subdivisions thereof,
public service companies and natural gas companies {DEL . DEL} {ADD ;
and (6) the rights or interests arising out of any conservation
or preservation restriction and or easement, created either: (i)
if executed and recorded subsequent to the effective date of chapter
34-39 entitled "Conservation and Preservation Restrictions
on Real Property", any conservation or preservation easement
or restriction granted or reserved in accordance with and pursuant
to the terms and provisions thereof; or (ii) if executed and recorded
prior to the effective date of chapter 34-39, a conservation and/or
preservation easement or restriction granted or reserved for the
same, or substantially the same, stated purposes as those set
forth in section 34-39-2, although executed and recorded prior
thereto, and which is held by a entity duly recognized in chapter
34-39 to hold such restrictions and/or easements. ADD}
SECTION 2. This act shall take effect upon passage.
