2012 -- S 2495

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LC01188

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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

     Introduced By: Senators Crowley, Nesselbush, DeVall, Miller, and Doyle

     Date Introduced: February 16, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-13-1 of the General Laws in Chapter 34-13 entitled "Recording

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Of Instruments" is hereby amended to read as follows:

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     34-13-1. Instruments eligible for recording. – (a) Any of the following instruments

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shall be recorded or filed by the town clerk or recorder of deeds, in the manner prescribed by law,

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on request of any person and on payment of the lawful fees therefor:

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      (1) Letters of attorney.

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      (2) All contracts for sale of land.

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      (3) Bonds for title or covenants or powers concerning lands, tenements and

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hereditaments.

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      (4) All notices to be filed under the provisions of section 9-4-9.

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      (5) All notices and process to be filed under other statutory provisions, and all decrees in

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equity and judgments at law affecting the title to land.

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      (6) All instruments evidencing or relating to a security interest in personal property or

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fixtures that may be filed pursuant to chapter 9 of title 6A.

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      (7) All instruments required by statute to be recorded, including deeds, mortgages and

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transfers and discharges thereof, leases or memoranda thereof, and transfers and cancellations

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thereof, and the covenants, conditions, agreements and powers therein contained.

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      (8) Instruments of defeasance.

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      (9) Instruments (excepting wills) creating trusts.

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      (10) All instruments and notices, affecting, or purporting to affect, the title to land or any

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interest therein or giving or terminating the right to sever any building or part thereof or fixture,

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when signed and acknowledged as required for deeds.

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      (11) All affidavits as to family facts, including dates of birth, marriage, and death, which

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relate or purport to relate to title to land.

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      (12) All affidavits as to bounds and monuments of land.

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      (13) All certificates of the secretary of state as to change of corporate name.

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      (14) All original linen and/or original mylar maps, plats, surveys, and drawings, whether

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or not attached to, or a part of, another recordable instrument, Provided, however, That those

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requiring the approval of any council; commission, officer, or other body by law shall not be

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recorded without such approval.

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      All survey plans received for recording shall be drawn on archival mylar or linen, those

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of which shall not exceed a size of 24" x 36" and shall be recorded as originally drafted. Said

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plans shall contain as a minimum all items set forth in the "Procedural and Technical Standards

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for the practice of Land Surveying in the State of Rhode Island and Providence Plantations" as

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adopted by the Rhode Island Board of Registration of Professional Land Surveyors effective

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April 1, 1994 and any amendments or modifications thereof. Further, all plans must be able to be

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reproduced so that the contents of said plans are legible.

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      Indexes of survey plans shall be maintained indicating (a) the title of the plan; and (b)

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the street(s) or road(s) on which the subject property abuts. Such plans shall include a separate

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listing, in or attached to the legend on the plan, of all streets and roads on which the subject

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property abuts.

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      (15) All declarations of restrictions and covenants in connection with a plat of record or

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to be recorded or with a tract or parcel of land which is to be subdivided.

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      (16) Statements of covenants, conditions, and powers of sale which are intended to be

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incorporated in mortgages by reference.

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     (b) All instruments which are to be recorded other than those documents specified in

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subdivision (a)(14) of this section shall meet the fol1owing requirements:

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     (1) Be on white paper of sufficient weight to reproduce in registry scanners.

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     (2) All document pages and attachments must be on paper that is no larger than 8.5

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inches by 14 inches.

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     (3) Printing shall be on one side only; double sided pages will not be accepted.

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     (4) Documents that contain printing, writing or other markings must he sufficiently dark

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in appearance to be legibly reproduced on standard registry scanners.

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     (5) All printing and writing on a document must be of sufficient size to be legibly

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reproduced on standard registry scanners.

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     (6) Margins on all sides of all document pages must be of sufficient size to be legibly on

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standard registry scanners.

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     (7) The first page of all documents must contain a “recording information area” in the

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upper right hand corner measuring three (3) inches from the top edge of the document and three

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(3) inches from the right edge of the document that is free from all writing or printing.

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     (c) Documents that do not comply with formatting standard in subdivision (7) above may

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still be recorded attached to an official registry document cover sheet or through the use of some

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other method by the registry. Provided, however, that in the event a document which does not

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meet the above prescribed standards is presented for recording, then and in that event, the

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registrar of deeds shall accept the document for recording but shall be authorized to assess a

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surcharge over and above the statutory fee, for accepting a document for recording that does not

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meet the standards set forth above.

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     SECTION 2. This act shall take effect on January 1, 2013.

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LC01188

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY

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     This act would allow registrars of deeds to prescribe formatting standards and to preserve

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recorded documents. It would also require that all documents printed other than survey plans shall

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be on white paper no larger than legal size and be typewritten in black.

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     This act would take effect on January 1, 2013.

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LC01188

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