Property disputes in Rhode Island take many forms. A boundary line that neighbors have argued about for years. An easement that one party claims exists and another denies. A landlord and tenant at odds over security deposits or lease terms. Co-owners of real estate who can no longer agree on what to do with the property. A title defect discovered after a purchase that clouds ownership rights.
What these situations share is that they involve competing legal interests in real property — and they rarely resolve themselves without legal intervention. The longer a property dispute goes unaddressed, the more entrenched positions tend to become and the more expensive resolution eventually is.
Understanding what types of property disputes arise in Rhode Island and how they’re typically resolved helps property owners make informed decisions about when and how to seek help.
Boundary and Encroachment Disputes
Boundary disputes arise when neighbors disagree about where one property ends and the other begins. In older Rhode Island communities — where properties have often changed hands many times and original surveys were less precise — these disputes are surprisingly common.
A fence built in the wrong place. A garage or addition that crosses a property line. A driveway that turns out to encroach on the neighbor’s land. Trees or hedges planted along a disputed boundary.
Resolving a boundary dispute typically starts with obtaining a current survey from a licensed Rhode Island land surveyor. If the survey confirms a discrepancy from what’s been assumed or recorded, resolution options include negotiated agreement between the neighbors (sometimes with a boundary line agreement recorded at land evidence), or if that fails, a legal action to quiet title — a court proceeding that establishes the legal boundary.
Easement Disputes
An easement is a legal right to use another person’s property for a specific, defined purpose. Easements can be appurtenant (benefiting a neighboring property, such as a right of access across one lot to reach another) or in gross (benefiting a particular person or organization, such as a utility company’s right to run power lines).
Easement disputes arise when there’s disagreement about whether an easement exists, what it covers, and whether it’s being used appropriately. A neighbor who has been accessing the back of their property across your land for twenty years may have acquired a prescriptive easement — similar to adverse possession — even without a recorded agreement.
These disputes often require examination of the chain of title, the recorded deeds for both properties, historical use patterns, and sometimes expert testimony. An experienced Rhode Island real estate attorney at McCormick Law can analyze the relevant documents and advise on the strength of each party’s position.
Co-Owner and Partition Disputes
When real property is owned by multiple parties — siblings who inherited a family home, business partners who purchased investment property, unmarried co-buyers — disagreements about what to do with the property are common. One party may want to sell; the other may want to keep it. One may want to rent it; the other wants to occupy it. When co-owners can’t agree, the legal remedy is a partition action.
In Rhode Island, any co-owner can petition the court for partition — a proceeding that either physically divides the property (partition in kind) if that’s practical, or orders the property sold and the proceeds divided among the owners (partition by sale). Partition by sale is the typical outcome for residential or commercial real property that can’t practically be divided.
Landlord-Tenant Disputes
Rhode Island has specific statutory protections for both landlords and tenants under the Residential Landlord and Tenant Act. Common disputes include nonpayment of rent, lease violations, security deposit returns, habitability concerns, and eviction proceedings.
Landlord-tenant disputes in Rhode Island are resolved through the District Court system, and the procedures — notice requirements, filing timelines, evidence standards — are specific and technical. Both landlords and tenants benefit from understanding their rights and obligations before a dispute escalates to litigation.
Title Disputes and Quiet Title Actions
Sometimes a property’s ownership is unclear — a previous deed was improperly executed, a boundary hasn’t been surveyed in decades, a prior claim wasn’t properly released, or a title search reveals a cloud on title that was missed at closing. A quiet title action asks a court to formally establish who holds clear and marketable title to the property.
These proceedings can be straightforward or complex depending on the nature of the title issue and how many parties may have competing claims. A real estate attorney in Rhode Island with experience in title matters can assess the situation and guide the appropriate resolution.
How Property Disputes Are Resolved
Property disputes in Rhode Island can be resolved through several different mechanisms:
Negotiated settlement. Many disputes are resolved through direct negotiation between the parties, often facilitated by their attorneys. A negotiated resolution is faster, less expensive, and more certain in outcome than litigation.
Mediation. A neutral mediator helps the parties work toward a mutually acceptable resolution without the adversarial structure of litigation. Mediation is often productive in neighbor disputes and co-owner disagreements where the parties have an ongoing relationship.
Litigation. When negotiation and mediation fail, or when emergency relief is needed (such as an injunction to stop ongoing encroachment), litigation before the Rhode Island Superior Court or District Court is the path forward.
Contact McCormick Law Offices to discuss your property dispute and get an honest assessment of your legal position and your options for resolution.
