Property ownership can be unexpectedly challenged through legal doctrines like adverse possession—a process that allows someone to claim ownership of land they’ve occupied without permission. If you’ve discovered someone is trying to claim your land through adverse possession in Rhode Island, you must act quickly and strategically.
At PALUMBO LAW, we help property owners throughout Rhode Island protect their land and defend against adverse possession claims. This blog explains the state-specific requirements for adverse possession, how to prevent such claims, and what to do if one arises.
What Is Adverse Possession?
Adverse possession is a legal doctrine that allows a person who occupies someone else’s land openly, continuously, and without permission for a certain period to potentially gain legal title to that property.
While this may sound extreme, the law recognizes such claims under specific conditions to settle long-term disputes over land use and boundaries. However, proving an adverse possession claim in Rhode Island requires strict adherence to the state’s legal requirements.
Rhode Island’s Adverse Possession Requirements
Under Rhode Island General Laws § 34-7-1, a person seeking to establish adverse possession must meet the following criteria:
- Exclusive Possession: The claimant must possess the land exclusively, without sharing control with the legal owner or the public.
- Open and Notorious: The use must be visible and obvious enough to put the true owner on notice. Secret or hidden possession won’t count.
- Actual Possession: The claimant must exercise physical control over the property, such as living on it, maintaining it, or making improvements.
- Hostile Possession: The occupation must be without the owner’s permission.
- Continuous Possession for 10 Years: The claimant must meet all the above criteria for at least 10 uninterrupted years.
Additionally, Rhode Island courts require clear and convincing evidence of all these elements, making it a high bar for claimants to meet.
Common Signs of an Adverse Possession Attempt
Property owners often discover a potential adverse possession issue after noticing:
- A neighbor fencing off or using a strip of land near the boundary
- Construction of sheds, driveways, or gardens that cross property lines
- Regular maintenance of a portion of your land by someone else
- Refusal to stop using the land after being asked
- Unexpected legal notices or survey disputes
If you notice these signs, don’t ignore them. Inaction may be interpreted by courts as acquiescence to the use.
How to Prevent Adverse Possession Claims
Taking a proactive approach to property management is the best way to prevent an adverse possession claim. Rhode Island property owners should:
Regularly Inspect and Monitor Property
Walk your boundaries, especially if you own vacant land or an undeveloped lot. Look for signs of encroachment or unauthorized use.
Post “No Trespassing” Signs
Clear signage can serve as evidence that any use of your property was not permissive or unknown to you.
Address Encroachments Immediately
If you see a neighbor crossing a boundary, building, or using your land, send written notice instructing them to stop. Documentation is key.
Sign Permissive Use Agreements
If you allow someone to use a portion of your land temporarily (e.g., parking, gardening, grazing), have them sign a written agreement acknowledging your ownership and granting limited permission. This interrupts the “hostile” requirement for adverse possession.
Commission a Professional Survey
A boundary survey clarifies your legal property lines. Surveys are crucial when purchasing property, resolving disputes, or documenting your land’s layout.
Legal Options to Fight an Adverse Possession Claim
If someone files an adverse possession claim—or if you believe a neighbor may be preparing one—there are several legal strategies available:
File an Ejectment or Trespass Claim
Under Rhode Island General Laws § 34-20-2, you can initiate an action for ejectment to remove someone from your land and stop the “continuous possession” clock.
Serve a Cease and Desist Letter
Formally notify the encroaching party to stop using your property. Keep records of all correspondence.
Initiate a Quiet Title Action
This legal action asks a court to declare official ownership of the disputed property. A successful quiet title action can resolve boundary uncertainty and end potential adverse claims.
Record a Notice of Intent to Preserve Title
Though not always required, recording a public notice that you are asserting your ownership over disputed land may be useful in countering an adverse possession claim.
Work with a Rhode Island Property Attorney
Adverse possession cases can be fact-intensive and require meticulous documentation. At PALUMBO LAW, we help Rhode Island landowners preserve their property rights, resolve encroachment issues, and challenge adverse possession claims head-on.
We’ll review the facts, gather evidence, order surveys, and build a strong case to assert your rightful ownership. Don’t let inaction jeopardize your property.
Protect Your Property with PALUMBO LAW
If you suspect someone is trying to take your land through adverse possession, don’t wait. Rhode Island law favors those who protect their property proactively. Contact PALUMBO LAW today to schedule a consultation and learn how we can help you protect your investment and secure your legal rights.
