2012 -- S 2412

=======

LC01471

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO PROPERTY - POSSESSION AND PRESCRIPTION

     Introduced By: Senators Jabour, McCaffrey, and Walaska

     Date Introduced: February 15, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 34-7-1 of the General Laws in Chapter 34-7 entitled "Custody and

1-2

Probate of Wills" is hereby repealed.

1-3

     34-7-1. Conclusive title by peaceful possession under claim of title. -- Where any

1-4

person or persons, or others from whom he, she, or they derive their title, either by themselves,

1-5

tenants or lessees, shall have been for the space of ten (10) years in the uninterrupted, quiet,

1-6

peaceful and actual seisin and possession of any lands, tenements or hereditaments for and during

1-7

that time, claiming the same as his, her or their proper, sole and rightful estate in fee simple, the

1-8

actual seisin and possession shall be allowed to give and make a good and rightful title to the

1-9

person or persons, their heirs and assigns forever; and any plaintiff suing for the recovery of any

1-10

such lands may rely upon the possession as conclusive title thereto, and this chapter being

1-11

pleaded in bar to any action that shall be brought for the lands, tenements or hereditaments, and

1-12

the actual seisin and possession being duly proved, shall be allowed to be good, valid and

1-13

effectual in law for barring the action.

1-14

     SECTION 2. This act shall take effect upon passage.

=======

LC01471

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY - POSSESSION AND PRESCRIPTION

***

2-1

     This act would repeal section 34-7-1, which allows the passage of title to real property

2-2

which has been adversely seized or possessed for a period of ten (10) years.

2-3

     This act would take effect upon passage.

=======

LC01471

=======