2023 -- H 6452

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LC003057

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PROPERTY -- BY POSSESSION AND PRESCRIPTION

     

     Introduced By: Representatives McNamara, Kazarian, and Potter

     Date Introduced: May 26, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-7-4 of the General Laws in Chapter 34-7 entitled "By Possession

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and Prescription" is hereby repealed.

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     34-7-4. Right of footway denied.

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     No right of footway, except claimed in connection with a right to pass with carriages, shall

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be acquired by prescription or adverse use for any length of time.

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     SECTION 2. This act shall take effect upon passage.

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LC003057

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- BY POSSESSION AND PRESCRIPTION

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     This act would repeal the provisions of ยง 34-7-4 which provides that no right of footway,

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except claimed in connection with a right to pass with carriages, could be acquired by prescription

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or adverse use for any length of time. This act would effectively eliminate the statutory prohibition

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against acquiring a right of footway by adverse possession.

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     This act would take effect upon passage.

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LC003057

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