Title 34
Property

Chapter 13.1
Marketable Record Title

§ 34-13.1-3. Interest to which title is subject.

Such marketable record title is subject to: (1) All interest and defects which are created by or arise out of the muniments of which the chain of record title is formed; provided a general reference in the muniments, or any of them, to easements, use restriction, encumbrances or other interests created prior to the root of title are not sufficient to preserve them, unless specific identification is made therein of a recorded title transaction which creates the easement, use restriction, encumbrance or other interest; (2) all interests preserved by the recording of proper notice or by possession by the same owner continuously for a period of forty (40) years or more, in accordance with § 34-13.1-5; (3) the rights of any person arising from a period of adverse possession or use, which was in whole or in part subsequent to the effective date of the root of title; (4) any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record started; provided such recording shall not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of § 34-13.1-4; (5) the exceptions stated in § 34-13.1-7 as to rights of reversioners in leases, as to apparent easements and interests in the nature of easements, and as to interests of the United States, this state and political subdivisions thereof, public service companies and natural gas companies; and (6) the rights or interests arising out of any conservation or preservation restriction and or easement, created either: (i) if executed and recorded subsequent to the effective date of chapter 39 of this title entitled “Conservation and Preservation Restrictions on Real Property”, any conservation or preservation easement or restriction granted or reserved in accordance with and pursuant to the terms and provisions thereof; or (ii) if executed and recorded prior to the effective date of chapter 39 of this title, a conservation and/or preservation easement or restriction granted or reserved for the same, or substantially the same, stated purposes as those set forth in § 34-39-2, although executed and recorded prior thereto, and which is held by an entity duly recognized in chapter 39 of this title to hold such restrictions and/or easements.