2012 -- S 2412 SUBSTITUTE A

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LC01471/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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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:

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     SECTION 1. Section 34-7-1 of the General Laws in Chapter 34-7 entitled "By Possession

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and Prescription" is hereby repealed.

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

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

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

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

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

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

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

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

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

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

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effectual in law for barring the action.

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     SECTION 2. This act shall take effect upon passage.

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LC01471/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY - POSSESSION AND PRESCRIPTION

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

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

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     This act would take effect upon passage.

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LC01471/SUB A

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