Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract
RHODE ISLAND GENERAL LAWS
TITLE 34 PROPERTY
CHAPTER 4 ESTATES IN REAL PROPERTY
§ 34-4-7 Sale or mortgage of real estate subject to contingent remainder, executory devise, or power of appointment. -
When real estate is subject to a contingent remainder, executory devise, or power of appointment, the superior court may, upon the petition of any person who has an estate in possession in the real estate, and after notice and other proceedings as required by this chapter, appoint one or more trustees and authorize him or her or them to sell and convey the estate or any part thereof in fee simple, if the sale and conveyance appears to the court to be necessary or expedient, for such an amount, and on such terms, as the court may deem proper; and the conveyance shall be valid and binding upon all parties. The trustee or trustees may, in the discretion of the court, and upon such terms and conditions as the court may prescribe, execute a mortgage of the estate or any part thereof, which mortgage may contain such powers of sale, conditions, and covenants as are usual in mortgages taken by savings banks in this state. Notes secured by, and covenants contained in, mortgages executed by the trustee or trustees, so far as those notes and covenants are made by the trustee or trustees in his or her or their representative capacity, shall not bind the trustee or trustees personally, but only the trust estate.
History of Section.
(G.L. 1896, ch. 201, § 18; C.P.A. 1905, §§ 1220, 1229; G.L. 1909, ch. 252, § 18; P.L. 1912, ch. 829, § 1; G.L. 1923, ch. 296, § 18; G.L. 1938, ch. 433, § 7; G.L. 1956, § 34-4-7.)
§ 34-4-11 Conveyance of contingent, executory, and future interests. -
A contingent, an executory and a future interest, and a possibility coupled with an interest, in any tenements or hereditaments of any tenure, and a right of entry whether immediate or future and whether vested or contingent, into or upon any tenements or hereditaments of any tenure, may be disposed of by legal conveyance or will, but no such disposition shall, by force only of this section, defeat or enlarge an estate tail.
History of Section.
(G.L. 1896, ch. 201, § 23; G.L. 1909, ch. 252, § 23; G.L. 1923, ch. 296, § 23; G.L. 1938, ch. 433, § 10; G.L. 1956, § 34-4-11.)
§ 34-4-15 Conveyance of fee simple by tenant in tail. -
A person actually seised of lands as a tenant in tail may convey the lands in fee simple by a deed in common form, in like manner as if he or she were seised of the lands in fee simple; provided, that in the deed the intention be expressed of barring the entail and reference be made to the specific land by metes and bounds, or by other definite description. This conveyance shall bar the estate tail and all remainders and reversions expectant thereon. An estate tail may also be barred as provided in § 34-4-14.
History of Section.
(G.L. 1896, ch. 201, § 14; G.L. 1909, ch. 252, § 14; G.L. 1923, ch. 296, § 14; G.L. 1938, ch. 434, § 2; G.L. 1956, § 34-4-15.)
§ 34-4-16 Conveyance by life tenant and remainderman in tail.
When lands are held by one person for life with a vested remainder in tail in another, the tenant for life and the remainderman may convey the lands in fee simple by their deed or deeds in common form subject to the proviso in § 34-4-15; and the deed or deeds shall bar the estate tail and all remainders and reversions expectant thereon.
History of Section.
(G.L. 1896, ch. 201, § 15; G.L. 1909, ch. 252, § 15; G.L. 1923, ch. 296, § 15; G.L. 1938, ch. 434, § 3; G.L. 1956, § 34-4-16.)
§ 34-4-17 Barring of equitable estates tail. -
Equitable estates tail in possession or remainder, and all remainders and reversions expectant on them, may be barred in the same manner as legal estates tail and the remainders and reversions expectant on them; and all conveyances of equitable estates tail made by deed in common form in which the intention is expressed of barring the entail, and reference is made to the specific land by metes and bounds, or by other definite description, shall bar the estate tail and all remainders and reversions expectant thereon.
History of Section.
(G.L. 1896, ch. 201, § 16; P.L. 1906, ch. 1346, § 1; G.L. 1909, ch. 252, § 16; G.L. 1923, ch. 296, § 16; G.L. 1938, ch. 434, § 4; G.L. 1956, § 34-4-17.)
§ 34-4-18 Right of grantee of equitable estate tail to conveyance of legal interest. -
The person to whom an equitable fee simple is conveyed pursuant to § 34-4-17 shall, upon request, be entitled to a conveyance of the outstanding legal estate from the person in whom the legal estate is then or thereafter vested in trust, unless provisions to the contrary be made in the instrument creating the trust.
History of Section.
(G.L. 1896, ch. 201, § 17; G.L. 1909, ch. 252, § 17; G.L. 1923, ch. 296, § 17; G.L. 1938, ch. 434, § 5; G.L. 1956, § 34-4-18.)
RHODE ISLAND GENERAL LAWS
TITLE 34 PROPERTY
CHAPTER 11 FORM AND EFFECT OF CONVEYANCES
§ 34-11-1 Conveyances required to be in writing and recorded.
Every conveyance of lands, tenements or hereditament absolutely, by way of mortgage, or on condition, use or trust, for any term longer than one year, and all declarations of trusts concerning the conveyance, shall be void unless made in writing duly signed, acknowledged as hereinafter provided, delivered, and recorded in the records of land evidence in the town or city where the lands, tenements or hereditaments are situated; provided, however, that the conveyance, if delivered, as between the parties and their heirs, and as against those taking by gift or devise, or those having notice thereof, shall be valid and binding though not acknowledged or recorded. A lease for the term of one year or less shall be valid although made by parol. Leases for terms of more than one year may be recorded with a memorandum of lease in writing rather than the original lease; provided, however, that the memorandum shall contain the names of the parties to be charged, a description of the real estate, the duration of the lease, including renewal options and purchase options.
History of Section.
(G.L. 1896, ch. 202, § 2; G.L. 1909, ch. 253, § 2; G.L. 1923, ch. 297, § 2; G.L. 1938, ch. 435, § 1; G.L. 1956, § 34-11-1; P.L. 1979, ch. 231, § 1; P.L. 1981, ch. 380, § 1.)
§ 34-11-1.1 Signing and printing names. -
The signatories and notaries public to all deeds, mortgages, transfers, assignments, and discharges of mortgages, leases, rental agreements, rescissions or assignments thereof, and contracts for the sale of land shall have their names typed or printed immediately beneath or adjacent to their signatures. Failure to comply herewith shall not affect the validity of any such instrument, but the recording fee for the instrument shall be increased by two dollars ($2.00).
History of Section.
(P.L. 1979, ch. 231, § 1.)
§ 34-11-1.2 Name and address of grantee - Recording. -
Every deed presented for record shall contain or have endorsed upon it the name, residence andr post office address of the grantee and that address shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. A city or town clerk may decline to accept a deed for recording which is not in compliance with the requirements of this section.<br />
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History of Section.<br />
(P.L. 1979, ch. 393, § 1.)<br />
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§ 34-11-1.3 Name and address of mortgagor and mortgagee — Recording. —<br />
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Every mortgage deed presented for record shall contain or have endorsed upon it the name and address of the mortgagor and mortgagee and the address shall be recorded as part of the mortgage deed. Failure to comply with this section shall not affect the validity of any mortgage deed, but the city or town clerk may charge an additional two dollars ($2.00) for a recording fee if the name and address does not appear on the instrument. The purpose of including the mortgagee’s address is to facilitate in the eventual discharge thereof, and also for purpose of any notice that may be sent to the mortgagor and mortgagee.<br />
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History of Section.<br />
(P.L. 1983, ch. 282, § 1; P.L. 1993, ch. 146, § 1.)<br />
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§ 34-11-2 Seal not required in conveyances. —<br />
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No seal shall be required to any instrument conveying lands, tenements or hereditaments; and any instrument purporting to convey lands, tenements or hereditaments may be referred to as, and shall be, a deed, though no seal be affixed thereto; and the word “covenant” used in any deed or instrument to which no seal is affixed, shall have the same effect as though a seal had been affixed thereto.<br />
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History of Section.<br />
(G.L. 1896, ch. 202, § 4; G.L. 1909, ch. 253, § 4; G.L. 1923, ch. 297, § 4; G.L. 1938, ch. 435, § 3; G.L. 1956, § 34-11-2.)<br />
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§ 34-11-3 Creation of co-tenancies by deed — Conveyances between husband and wife. —<br />
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(a) In deeds hereafter made, lands, tenements and hereditaments, or a thing in action, may be conveyed by a person to him or herself jointly with another person by the like means by which it might be conveyed by him or her to another person; and may in like manner, be conveyed by a husband to his wife and by a wife to her husband, alone or jointly with another person; and may also in like manner, be conveyed by a husband to himself and to his wife and by a wife to herself and to her husband as tenants by the entirety; and may also in like manner be conveyed by co-tenants to any one of the co-tenants.<br />
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(b) A husband and his wife or any two (2) or more persons may convey real estate or interests therein to themselves as co-tenants under any tenancy allowable between them by law. This subsection shall not be construed so as to invalidate any deed of real estate or interest therein heretofore given by a husband and his wife or any two (2) or more persons to themselves as co-tenants under any tenancy allowable between them by law.<br />
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History of Section.<br />
(G.L. 1896, ch. 202, § 20; G.L. 1909, ch. 253, § 20; G.L. 1923, ch. 297, § 20; G.L. 1938, ch. 435, § 17; P.L. 1947, ch. 1915, § 1; P.L. 1955, ch. 3616, § 1; G.L. 1956, § 34-11-3; P.L. 1990, ch. 506, § 1.)<br />
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§ 34-11-4 Delivery of conveyance sufficient to pass title. —<br />
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Any form of conveyance in writing, duly signed and delivered by the grantor, or the attorney of the grantor duly authorized, shall be operative to convey to the grantee all the possession, estate, title and interest, claim, demand or right of entry or action, of the grantor, absolutely in and to the land conveyed, unless otherwise expressly limited in estate, condition, use or trust, and if otherwise expressly limited, shall convey such property for the time or estate or on the condition, use or trust as declared, without any other act or ceremony; and if also duly acknowledged and recorded, shall be operative as against third parties.<br />
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History of Section.<br />
(G.L. 1896, ch. 202, § 11; G.L. 1909, ch. 253, § 11; G.L. 1923, ch. 297, § 11; P.L. 1926, ch. 839, § 2; G.L. 1938, ch. 435, § 10; G.L. 1956, § 34-11-4.)<br />
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§ 34-11-5 Releases and discharges effective without seal. —<br />
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Any instrument purporting to be a release of all claims and demands, or of any special demand, whatever be the consideration expressed therefor, and any discharge of mortgage in whole or in part, shall be construed to have that effect although no seal shall be affixed thereto.<br />
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History of Section.<br />
(G.L. 1896, ch. 202, § 12; G.L. 1909, ch. 253, § 12; G.L. 1923, ch. 297, § 12; G.L. 1938, ch. 435, § 11; G.L. 1956, § 34-11-5.)<br />
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§ 34-11-6 Use of word “grant” not required. —<br />
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The use of the word “grant” is not necessary in order to convey tenements and hereditaments, corporeal or incorporeal.<br />
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History of Section.<br />
(G.L. 1896, ch. 202, § 19; G.L. 1909, ch. 253, § 19; G.L. 1923, ch. 297, § 19; G.L. 1938, ch. 435, § 16; G.L. 1956, § 34-11-6.)<br />
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§ 34-11-7 Warranties and rights of reentry not implied. —<br />
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The words, “give”, “grant”, or “exchange”, in any conveyance, shall imply no covenant, warranty, or right of reentry.<br />
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History of Section.<br />
(G.L. 1896, ch. 202, § 13; G.L. 1909, ch. 253, § 13; G.L. 1923, ch. 297, § 13; G.L. 1938, ch. 435, § 12; G.L. 1956, § 34-11-7.)<br />
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§ 34-11-8 Form of grants in tail. —<br />
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In a deed hereafter made, it shall be sufficient, in the limitation of an estate in tail, to use the words “heirs of the body”, or the words “in tail” without the words “heirs of the body”; and in the limitation of an estate in tail male or in tail female, to use the words “heirs male of the body”, or “heirs female of the body”, or the words “in tail male”, or “in tail female”, as the case requires, without the words “heirs male of the body”, or “heirs female of the body”.<br />
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History of Section.<br />
(G.L. 1896, ch. 202, § 21; G.L. 1909, ch. 253, § 21; G.L. 1923, ch. 297, § 21; P.L. 1927, ch. 1056, § 7; G.L. 1938, ch. 435, § 18; G.L. 1956, § 34-11-8.)<br />
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§ 34-11-9 Words importing failure of issue. —<br />
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In any limitation of real or personal estate by deed, will or other instrument in writing, hereafter executed, the words “die without issue”, or “die without leaving issue”, or “leave no issue”, or “die without heirs of the body”, or any other words that may import either a want or failure of issue of any person in his or her lifetime or at the time of his or her death, or an indefinite failure of his or her issue, shall be construed to mean a want or failure of issue in the lifetime or at the death of such person, and not an indefinite failure of his or her issue, unless a contrary intention shall clearly appear by the instrument containing such limitations.<br />
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History of Section.<br />
(G.L. 1896, ch. 202, § 24; G.L. 1909, ch. 253, § 24; G.L. 1923, ch. 297, § 24; G.L. 1938, ch. 435, § 20; G.L. 1956, § 34-11-9.)<br />
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§ 34-11-10 Takers not party to indenture — Conveyance purporting to be indenture. —<br />
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Under an indenture hereafter executed, an immediate estate or interest in any tenements or hereditaments, and the benefit of a condition or covenant respecting any tenements or hereditaments, may be taken, although the taker thereof be not named a party to that indenture; also any conveyance purporting to be an indenture shall have the effect of an indenture although not actually indented.<br />
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History of Section.<br />
(G.L. 1896, ch. 201, § 22; G.L. 1909, ch. 252, § 22; G.L. 1923, ch. 296, § 22; G.L. 1938, ch. 435, § 22; G.L. 1956, § 34-11-10.)<br />
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§ 34-11-11 Use of statutory forms. —<br />
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The forms set forth in § 34-11-12 may be used, and shall be sufficient for their respective purposes. They shall be known as “statutory forms” and may be referred to as such. They may be altered as circumstances require, and the authorization of such forms by this chapter shall not preclude the use of other forms.<br />
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History of Section.<br />
(P.L. 1927, ch. 1056, § 1; P.L. 1928, ch. 1171, § 1; G.L. 1938, ch. 436, § 1; G.L. 1956, § 34-11-11.)<br />
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§ 34-11-12 Statutory forms set out. —<br />
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The statutory forms referred to in § 34-11-11 are as follows:<br />
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(1) WARRANTY DEED.<br />
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of for consideration paid, grant to<br />
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of with warranty covenants (description, and encumbrances, if any)<br />
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Witness hand this day of (Here add acknowledgment.)<br />
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(2) QUITCLAIM DEED.<br />
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of for consideration paid, grant to<br />
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of with quitclaim covenants, (description, and encumbrances, if any)<br />
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Witness hand this day of (Here add acknowledgment.)<br />
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(3) DEED OF EXECUTOR, ADMINISTRATOR, TRUSTEE, GUARDIAN, CONSERVATOR, RECEIVER, OR COMMISSIONER.<br />
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executor of the will of administ rator of the estate<br />
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of trustee under guardian of conserva tor<br />
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of receiver of the estate of commissi oner by the power conferred by and by every other power me thereunto enabling, for dollars paid, grant to (description, and encumbrances, if any)<br />
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Witness hand this day of (Here add acknowledgment.)<br />
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(4) MORTGAGE DEED.<br />
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of for consideration paid, grant to of with mortgage covenants, to secure the payment of dollars in years with interest at per cent per annum, payable semiannually , as provided in a certain negotiable promissory note of even date herewith, (description, and encumbrances, if any)<br />
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This mortgage is made upon the statutory condition and with the statutory power of sale.<br />
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Witness hand this day of (Here add acknowledgment.)<br />
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(5) PARTIAL RELEASE OF MORTGAGE.<br />
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the holder of a mortgage by to dated recorded in the records of deeds in in book no. at page , for consideration paid, release to all interest acquired under the mortgage in the following described portion of the mortgaged premises: (description)<br />
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Witness hand this day of (Here add acknowledgment.)<br />
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(6) ASSIGNMENT OF MORTGAGE.<br />
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holder of a mortgage by to dated<br />
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recorded in the records of deeds in in book<br />
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no. at page , for consideration paid, assign the mortgage and the note and claim secured thereby to<br />
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Witness hand this day of (Here add acknowledgment.)<br />
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(7) FORECLOSURE DEED UNDER POWER OF SALE IN MORTGAGE.<br />
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holder of a mortgage by to dated<br />
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recorded in the records of deeds in in book no.<br />
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at page , by the power conferred by the mortgage and by every other power me thereunto enabling, for dollars paid, grant to the premises conveyed by the mortgage.<br />
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Witness hand this day of (Here add acknowledgment.)<br />
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(8) AFFIDAVIT OF SALE UNDER POWER OF SALE OF MORTGAGE.<br />
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named in the foregoing deed, make oath and say that the principal interest obligati on mentione d in the mortgage above referred to was not paid or tendered or performed when due or prior to the sale, that I have mailed notice to the mortgagor as required by law and by the mortgage and that I published on the days of in the , a public newspaper published in , in accordance with the provisions of the mortgage, a notice of which the following is a true copy: (insert copy of advertisement.)<br />
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Pursuant to the notice, at the time and place there appointed, I sold the mortgaged premises at public auction by an auctioneer, to above-na med, for dollars, bid by him or her, being the highest bid made for the premises at said auction.<br />
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Sworn to by on this day of , before me,<br />
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(9) DISCHARGE OF MORTGAGE.<br />
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The undersigned, having received full payment and satisfaction of the within mortgage recorded in the of in the state of Rhode Island, in the in book no. page , hereby cancel and discharge the same. And covenant to and with the payer that the present owner of the mortgage.<br />
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Witness, this day of 19<br />
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History of Section.<br />
(P.L. 1927, ch. 1056, § 17; P.L. 1928, ch. 1171, § 2; G.L. 1938, ch. 436, § 16; G.L. 1956, § 34-11-12; P.L. 1992, ch. 224, § 2; P.L. 1993, ch. 377, § 1.)<br />
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§ 34-11-13 Construction of terms. —<br />
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(a) Whenever the phrase “incorporation by reference” is used in §§ 34-11-14 – 34-11-31, the method of incorporation as indicated in the forms shall be sufficient, but this shall not be construed to preclude other methods.<br />
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(b) Whenever the words “his heirs, executors and administrators” or “his executors, administrators” are used in §§ 34-11-14 – 34-11-31, they shall be construed, in the case of a corporation, to mean “its successors”; and whenever the words “his heirs and assigns” are so used, they shall be construed, in the case of a corporation, to mean “its successors and assigns.”<br />
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History of Section.<br />
(P.L. 1927, ch. 1056, § 1; P.L. 1928, ch. 1171, § 1; G.L. 1938, ch. 436, § 1; G.L. 1956, § 34-11-13.)<br />
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§ 34-11-14 Conveyances to which rules of construction apply. —<br />
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For the purpose of avoiding the unnecessary use of words in deeds or other instruments relating to real estate, whether the statutory forms or other forms are used, the rules and definitions contained in §§ 34-11-15 – 34-11-22 and in §§ 34-11-24 – 34-11-28 shall apply to all such instruments executed or delivered on or after the first day of July in the year 1927.<br />
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History of Section.<br />
(P.L. 1927, ch. 1056, § 2; P.L. 1928, ch. 1171, § 1; G.L. 1938, ch. 436, § 2; G.L. 1956, § 34-11-14.)<br />
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§ 34-11-15 Effect of warranty deed. —<br />
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A deed substantially following the form entitled “Warranty Deed” shall, when duly executed, have the force and effect of a deed in fee simple to the grantee and his or her heirs and assigns, to his or her and their own use, with covenants on the part of the grantor, for himself or herself and for his or her heirs, executors, and administrators, with the grantee and his or her heirs and assigns,<br />
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(1) That at the time of the delivery of such deed he or she is lawfully seised in fee simple of the granted premises,<br />
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(2) That the granted premises are then free from all incumbrances,<br />
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(3) That he or she has then good right, full power, and lawful authority to sell and convey the same to the grantee and his or her heirs and assigns,<br />
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(4) That the grantee and his or her heirs and assigns shall at all times after the delivery of such deed peaceably and quietly have and enjoy the granted premises, and<br />
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(5) That the grantor will, and his or her heirs, executors, and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons.<br />
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History of Section.<br />
(P.L. 1927, ch. 1056, § 3; G.L. 1938, ch. 436, § 3; G.L. 1956, § 34-11-15.)<br />
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§ 34-11-16 Meaning of warranty covenants. —<br />
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In any conveyance of real estate the words “with warranty covenants” shall have the full force, meaning, and effect of the following words: “The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, that he or she is lawfully seised in fee simple of the granted premises; that the premises are free from all incumbrances; that he or she has good right, full power and lawful authority to sell and convey the premises to the grantee and his or her heirs and assigns; that the grantee and his or her heirs and assigns shall at all times hereafter peaceably and quietly have and enjoy the granted premises; and that the grantor will, and his or her heirs, executors and administrators shall, warrant and defend the premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons.”<br />
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History of Section.<br />
(P.L. 1927, ch. 1056, § 9; G.L. 1938, ch. 436, § 8; G.L. 1956, § 34-11-16.)<br />
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§ 34-11-17 Effect of quitclaim deed. —<br />
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A deed substantially following the form entitled “Quitclaim Deed” shall, when duly executed, have the force and effect of a deed in fee simple to the grantee and his or her heirs and assigns, to his, her, and their own use, with covenants on the part of the grantor, for himself or herself and for his or her heirs, executors, and administrators, with the grantee and his or her heirs and assigns, that he or she will, and his or her heirs, executors, and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons claiming by, through, or under the grantor.<br />
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History of Section.<br />
(P.L. 1927, ch. 1056, § 4; G.L. 1938, ch. 436, § 4; G.L. 1956, § 34-11-17.)<br />
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§ 34-11-18 Meaning of quitclaim covenants. —<br />
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In any conveyance of real estate the words “with quitclaim covenants” shall have the full force, meaning, and effect of the following words: “The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, that he or she will, and his or her heirs, executors and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons claiming by, through, or under the grantor.”<br />
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History of Section.<br />
(P.L. 1927, ch. 1056, § 10; G.L. 1938, ch. 436, § 9; G.L. 1956, § 34-11-18.)<br />
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§ 34-11-19 Contents and effect of short-form mortgage deed. —<br />
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A deed substantially following the form entitled “Mortgage Deed” shall, when duly executed, have the force and effect of a mortgage deed to the mortgagee and his or her heirs and assigns, to his or her and their own use, with mortgage covenants and upon the statutory condition and with the statutory power of sale, as defined in §§ 34-11-20 – 34-11-22 inclusive, to secure the payment of the money and the performance of any obligation or obligations therein specified or referred to; provided, however, that any other lawful covenant, agreement, condition or power may be inserted or incorporated by reference in such mortgage deed and any of the terms and provisions of the mortgage covenants, statutory condition and statutory power of sale may be changed, amended, deleted or supplemented by any lawful agreement, covenant, condition or power specified or incorporated by reference in such mortgage deed.<br />
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History of Section.<br />
(P.L. 1927, ch. 1056, § 11; G.L. 1938, ch. 436, § 10; G.L. 1956, § 34-11-19; R. P.L. 1957, ch. 112, § 1.)<br />
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§ 34-11-20 Meaning of mortgage covenants. —<br />
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In any conveyance of real estate the words “with mortgage covenants” shall have the full force, meaning, and effect of the following words, and shall be applied and construed accordingly: “The mortgagor, for himself or herself and for his or her heirs, executors, and administrators, covenants with the mortgagee and his or her heirs and assigns, that he or she is lawfully seised in fee simple of the mortgaged premises; that the same are free from all incumbrances; that he or she has good right, full power, and lawful authority to sell and convey the same to the mortgagee and his or her heirs and assigns; that the mortgagee and his or her heirs and assigns shall at all times hereafter peaceably and quietly have and enjoy the mortgaged premises and that the mortgagor will, and his or her heirs, executors, and administrators shall, warrant and defend the premises to the mortgagee and his or her heirs and assigns forever against the lawful claims and demands of all persons, and that the mortgagor and his or her heirs and assigns, in case a sale shall be made under the power of sale, will, upon request, execute, acknowledge, and deliver to the purchaser or purchasers such deed or deeds confirmatory of the sale as may be required; and that insurance against loss by fire shall be kept and maintained on the buildings, if any, on the mortgaged premises in such office or offices as the mortgagee or his or her heirs, executors, administrators, or assigns shall approve, in a sum not less than the amount secured by the mortgage deed, or as otherwise provided herein, and that the policy or policies of such insurance shall be delivered to and held by the mortgagee and assigned and transferred, or made payable in case of loss, to the mortgagee or his or her heirs, executors, administrators or assigns, as collateral security hereto, and in default thereof, that the mortgagee or his or her heirs, executors, administrators or assigns may effect such insurance in the name of the mortgagor or his or her heirs or assigns, payable in case of loss to the mortgagee or his or her heirs, executors, administrators or assigns, and that the premium or premiums paid therefor shall be a further charge upon the mortgaged premises.”<br />
<br />
History of Section.<br />
(P.L. 1927, ch. 1056, § 12; P.L. 1928, ch. 1171, § 1; G.L. 1938, ch. 436, § 11; G.L. 1956, § 34-11-20.)<br />
<br />
§ 34-11-21 Statutory mortgage condition. —<br />
<br />
The following condition shall be known as the “statutory condition”, and may be incorporated in any mortgage by reference:<br />
<br />
(Condition)<br />
<br />
Provided, nevertheless, and this conveyance is made upon the express condition, that if the mortgagor or his or her heirs, executors, administrators or assigns shall pay to the mortgagee or his or her heirs, executors, administrators, or assigns the principal and interest of that certain promissory note bearing even date with this deed and secured by this deed, and shall perform every other obligation secured by this deed, at the time provided in the promissory note or in this deed, and shall also pay all taxes and assessments of every kind levied or assessed upon or in respect of the mortgaged premises, then this deed, as also the promissory note, shall become and be absolutely void to all intents and purposes whatsoever.<br />
<br />
History of Section.<br />
(P.L. 1927, ch. 1056, § 13; G.L. 1938, ch. 436, § 12; G.L. 1956, § 34-11-21.)<br />
<br />
§ 34-11-22 Statutory power of sale in mortgage. —<br />
<br />
The following power shall be known as the “statutory power of sale” and may be incorporated in any mortgage by reference:<br />
<br />
(Power)<br />
<br />
But if default shall be made in the performance or observance of any of the foregoing or other conditions, or if breach shall be made of the covenant for insurance contained in this deed, then it shall be lawful for the mortgagee or his, her or its executors, administrators, successors or assigns to sell, together or in parcels, all and singular the premises hereby granted or intended to be granted, or any part or parts thereof, and the benefit and equity of redemption of the mortgagor and his, her or its heirs, executors, administrators, successors and assigns therein, at public auction upon the premises, or at such other place, if any, as may be designated for that purpose in this deed, or in the published notice of sale first by mailing written notice of the time and place of sale by certified mail, return receipt requested, to the mortgagor, at his or her or its last known address, at least twenty (20) days for mortgagors other than individual consumer mortgagors, and at least thirty (30) days for individual consumer mortgagors, prior to first publishing the notice, including the day of the mailing in the computation; second, by publishing the same at least once each week for three (3) successive weeks in a public newspaper published daily in the city in which the mortgaged premises are situated; and if there be no public newspaper published daily in the city in which the mortgaged premises are situated, or if the mortgaged premises are not situated in a city, then (1) if the mortgaged premises are situated in the city of Central Falls, in a public newspaper published daily in the city of Pawtucket; (2) if the mortgaged premises are situated in the town of North Providence, in a public newspaper published daily in either the city of Providence or the city of Pawtucket; (3) if the mortgaged premises are situated in any of the towns of Cumberland, Lincoln, Smithfield or North Smithfield, in a public newspaper published daily in either the city of Pawtucket or Woonsocket; (4) if the mortgaged premises are situated in the county of Providence elsewhere than in the above-named cities and towns, in a public newspaper published daily in the city of Providence; (5) if the mortgaged premises are situated in the county of Newport, in a public newspaper published daily in the city of Newport; but if there be no such public newspaper so published, then in some public newspaper published anywhere in the county of Newport; (6) if the mortgaged premises are situated in any of the counties of Bristol, Kent or Washington, in a public newspaper published daily in the city or town in which the mortgaged premises are situated; but if there be no public newspaper so published, in some public newspaper published or previously published in the county and presently distributed daily in the county in which the mortgaged premises are situated or in a public newspaper published daily in the city of Providence; provided however if the mortgaged premises are situated in the town of New Shoreham then in addition to publication in a public newspaper published daily as required above, it shall also be published in a public newspaper published in the town of New Shoreham, and, in the event there is no public newspaper published in the town of New Shoreham, then in a public newspaper distributed in the town of New Shoreham; with power to adjourn such sale from time to time, provided that publishing of the notice shall be continued, together with a notice of the adjournment or adjournments, at least once each week in that newspaper; and in his, her or its or their own name or names, or as the attorney or attorneys of the mortgagor, for that purpose by these presents duly authorized and appointed with full power of substitution and revocation to make, execute and deliver to the purchaser or purchasers at that sale a good and sufficient deed or deeds of the mortgaged premises in fee simple, and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums hereby secured whether then due or to fall due thereafter, or the part thereof then remaining unpaid, and also the interest then due on the proceeds, together with all expenses incident to the sale or sales, or for making deeds hereunder, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of such powers, and all taxes, assessments, and premiums for insurance, if any, either theretofore paid by the mortgagee or his or her executors, administrators or assigns, or then remaining unpaid, upon the mortgaged premises, rendering and paying the surplus of the proceeds of sale, if any there be, over and above the amounts so to be retained as aforesaid, together with a true and particular account of the sale or sales, expenses and charges, to the mortgagor, or his, her or its heirs, executors, administrators, successors or assigns; which sale or sales made as aforesaid shall forever be a perpetual bar against the mortgagor and his, her or its heirs, executors, administrators, successors and assigns, and all persons claiming the premises, so sold, by, through or under him or her, them or any of them.<br />
<br />
History of Section.<br />
(P.L. 1927, ch. 1056, § 14; P.L. 1932, ch. 1952, § 1; P.L. 1934, ch. 2120, § 1; G.L. 1938, ch. 436, § 13; P.L. 1940, ch. 944, § 1; P.L. 1943, ch. 1325, § 1; P.L. 1955, ch. 3589, § 1; G.L. 1956, § 34-11-22; P.L. 1988, ch. 138, § 1; P.L. 1989, ch. 154, § 1; P.L. 1992, ch. 224, § 2; P.L. 1993, ch. 377, § 1; P.L. 1994, ch. 372, § 1; P.L. 2003, ch. 233, § 1; P.L. 2003, ch. 358, § 1; P.L. 2014, ch. 272, § 1; P.L. 2014, ch. 324, § 1.)<br />
<br />
§ 34-11-23 Mortgage to secure future loans. —<br />
<br />
A mortgage deed to secure present and future loans, as authorized and provided for in § 34-25-1, may be in statutory form if in the form provided in “(4) Mortgage Deed” of § 34-11-12, and if in addition it is entitled at the beginning “Mortgage to secure present and future loans under §§ 34-25-1 – 34-25-5” and contains in its provisions the provision required by § 34-25-1. A mortgage in statutory form, so entitled and containing those provisions shall, subject to the provisions of §§ 34-25-1 – 34-25-5 have the full force and effect provided in this chapter for a mortgage deed in statutory form, except that the “statutory condition” in such mortgage shall be construed to include payment of all additional or future loans made on the security as aforesaid of the mortgage as well as the payment and performance of every other obligation now provided for in the “statutory condition”.<br />
<br />
History of Section.<br />
(G.L. 1938, ch. 436, § 23; P.L. 1952, ch. 3018, § 2; G.L. 1956, § 34-11-23.)<br />
<br />
§ 34-11-25 Use of “assign” sufficient to transfer mortgage. —<br />
<br />
In any assignment of a mortgage of real estate the word “assign” shall be sufficient word to transfer the mortgage, without the words “transfer and set over”.<br />
<br />
History of Section.<br />
(P.L. 1927, ch. 1056, § 16; G.L. 1938, ch. 436, § 15; G.L. 1956, § 34-11-25.)<br />
<br />
§ 34-11-26 Use of word “grant” sufficient. —<br />
<br />
In any conveyance of real estate the word “grant” shall be a sufficient word of conveyance without the use of any of the words “give”, “bargain”, “sell”, and “convey”; and no covenant or warranty shall be implied from the use of any of the words “grant”, “grantor”, and “grantee”.<br />
<br />
History of Section.<br />
(P.L. 1927, ch. 1056, § 5; G.L. 1938, ch. 436, § 5; G.L. 1956, § 34-11-26.)<br />
<br />
§ 34-11-27 Words of inheritance not required — Fee simple presumed. —<br />
<br />
In any conveyances or reservation of real estate the terms “heirs”, “assigns”, or other technical words of inheritance shall not be necessary to convey or reserve an estate in fee simple. A deed or reservation of real estate shall be construed to convey or reserve an estate in fee simple, unless a different intention appears in such deed or reservation.<br />
<br />
History of Section.<br />
(P.L. 1927, ch. 1056, § 6; G.L. 1938, ch. 436, § 6; G.L. 1956, § 34-11-27.)<br />
<br />
§ 34-11-28 Rights, privileges, and appurtenances included in grant. —<br />
<br />
In any conveyance of real estate all rights, privileges, and appurtenances belonging or appertaining to the granted estate shall be included in the conveyance, unless a different intention shall clearly appear in the deed, and it shall be unnecessary to enumerate or mention them either generally or specifically.<br />
<br />
History of Section.<br />
(P.L. 1927, ch. 1056, § 8; G.L. 1938, ch. 436, § 7; G.L. 1956, § 34-11-28.)<br />
<br />
§ 34-11-30 Validation of deeds executed under defective law. —<br />
<br />
Notwithstanding the error in § 1 of chapter 1056 of the public laws of 1927, in which reference was erroneously made to § 16 thereof instead of to § 17 thereof, and notwithstanding the error in § 2 of chapter 1056 in which reference is erroneously made to § 15 thereof instead of to § 16 thereof, all instruments executed on any day between July 1, 1927, and April 19, 1928, both inclusive, in which any of the statutory forms authorized by chapter 1056 have been substantially followed are hereby declared of the same force and effect as if chapter 1056 as originally enacted had not contained those errors.<br />
<br />
History of Section.<br />
(P.L. 1928, ch. 1172, § 2; G.L. 1938, ch. 436, § 21; G.L. 1956, § 34-11-30.)<br />
<br />
§ 34-11-31 Application of previous deeds to successors. —<br />
<br />
All instruments executed at any time during the period specified in § 34-11-30, in which any of the statutory forms authorized by chapter 1056 have been substantially followed are hereby declared of the same force and effect as if chapter 1056 as originally enacted had contained the words “his or her heirs, executors, administrators and successors” wherever it contains the words “his or her heirs, executors and administrators” and had contained the words “his or her executors, administrators, successors” whenever it contains the words “his or her executors, administrators” and had contained the words “his or her heirs, successors and assigns” wherever it contains the words “his or her heirs and assigns.”<br />
<br />
History of Section.<br />
(P.L. 1928, ch. 1172, § 3; G.L. 1938, ch. 436, § 22; G.L. 1956, § 34-11-31.)<br />
<br />
§ 34-11-32 Application of covenants to successors in interest.<br />
<br />
A covenant hereafter made relating to land of inheritance shall be deemed to be made with the covenantee, his or her heirs and assigns, and shall have effect as if heirs and assigns were expressed; a covenant hereafter made relating to land not of inheritance shall be deemed to be made with the covenantee, his or her executors, administrators, successors and assigns, and shall have effect as if executors, administrators, successors and assigns where expressed; provided, in either case, that no express provision be made to the contrary.<br />
<br />
History of Section.<br />
(G.L. 1896, ch. 202, § 23; G.L. 1909, ch. 253, § 23; G.L. 1923, ch. 297, § 23; G.L. 1938, ch. 435, § 19; G.L. 1956, § 34-11-32.)<br />
<br />
§ 34-11-33 Liability on covenant against incumbrances. —<br />
<br />
Whoever hereafter conveys real estate by deed or mortgage containing a covenant that it is free from all incumbrances when an incumbrance appears of record to exist thereon, whether known or unknown to him or her, shall be liable to the grantee, his or her heirs, executors, administrators, successors or assigns, for all damages and expenses sustained by reason of or in removing the incumbrance.<br />
<br />
History of Section.<br />
(G.L. 1896, ch. 202, § 14; G.L. 1909, ch. 253, § 14; G.L. 1923, ch. 297, § 14; G.L. 1938, ch. 435, § 13; G.L. 1956, § 34-11-33.)<br />
<br />
§ 34-11-34 Conveyances executed by attorney — Recording of power. —<br />
<br />
Any conveyance executed by attorney shall be as valid as if executed by the grantor himself, providing that a power of attorney be given by such grantor for this purpose; which power and the deed executed by the attorney thereunder shall be signed, acknowledged, delivered and recorded with like formalities prescribed by law concerning deeds from grantors in person.<br />
<br />
History of Section.<br />
(G.L. 1896, ch. 202, § 16; G.L. 1909, ch. 253, § 16; G.L. 1923, ch. 297, § 16; G.L. 1938, ch. 435, § 15; G.L. 1956, § 34-11-34.)<br />
<br />
§ 34-11-35 Delivery of recorded instrument, when presumed. —<br />
<br />
When a duly signed and acknowledged instrument recorded on or after May 8, 1969 purporting to affect the title to real estate has been on record for a period of six (6) years, and, as to instruments recorded prior to May 8, 1969, for a period of six (6) years including two (2) years after May 8, 1969, it shall be conclusive evidence, in favor of purchasers and encumbrancers for value without notice claiming thereunder, that such instrument was in fact duly delivered by the person, persons, party, or parties executing the instrument to the person, persons, party, or parties, if any, named in the instrument as the grantee(s), mortgagee(s), or other recipient(s) thereof.<br />
<br />
History of Section.<br />
(G.L., § 34-11-35, as enacted by P.L. 1969, ch. 71, § 1.)<br />
<br />
§ 34-11-36 Defective acknowledgments. —<br />
<br />
Any acknowledgment of or upon any instrument used in conveying, directly or indirectly, any interest in real estate in this state, including power of attorney, where the instrument has been on record for a period of ten (10) years, shall be construed to be a valid acknowledgment in accordance with the requirements of chapter 12 of this title; provided, nevertheless, that if, within the period of ten (10) years, a proceeding is commenced in superior court relative to the validity of the acknowledgment, and a notice of lis pendens is duly recorded and indexed with the appropriate records of land evidence, the instrument shall be subject to the further order of the court involved in any such proceeding.<br />
<br />
History of Section.<br />
(P.L. 1980, ch. 147, § 1.)<br />
<br />
§ 34-11-37 Indefinite references to “trustee”. —<br />
<br />
The word “trustee” or the words “as trustee” or words of similar meaning, following the name of the grantee of real estate or any interest therein conveyed, transferred or assigned by an instrument duly executed and recorded, wherein the instrument fails to set forth the terms of the trust, or to specify a recorded instrument which sets forth its terms and the place in the public records where the instrument is recorded, shall not affect the right of such grantee to sell or otherwise dispose of the real estate or interest therein in the same manner as if the word “trustee” or the words “as trustee” had not been used in the instrument, and any person to whom the real estate or interest therein has been transferred by the grantee shall not be liable for the claim of any undisclosed beneficiary or for the application of any money which may have been paid by the person therefor.<br />
<br />
History of Section.<br />
(P.L. 1981, ch. 254, § 1.)<br />
<br />
§ 34-11-38 Rule against perpetuities reform. —<br />
<br />
The common law rule against perpetuities shall no longer be deemed to be in force andr of any effect in this state, provided, the provisions of this section shall not be construed to invalidate or modify the terms of any interest which would have been valid prior to the effective date of this act, and, provided further, that the provisions of this section shall apply to both legal and equitable interests.<br />
<br />
History of Section.<br />
(P.L. 1983, ch. 214, § 1; P.L. 1999, ch. 403, § 1.)<br />
<br />
§ 34-11-39 Penalty for sale of lands in West Warwick subject to sewer assessment. —<br />
<br />
Whoever, being the owner, or agent of the owner, of any property located in West Warwick which is or may be subject to a sewer assessment, transfers, sells, or negotiates to sell any land without a written disclosure contained in the purchaser’s sales agreement to the effect that all or part of the land has been so previously determined to be subject to a sewer assessment by the town of West Warwick shall be subject to a penalty of one hundred dollars ($100) for each lot or part thereof so transferred, sold, or negotiated for sale without written disclosure. The disclosure shall indicate that sewer assessments in the town are assessed according to the value of the land rather than by a flat fee per lot or by the frontage of any lot. The purchaser may recover the penalty by civil action in any court of competent jurisdiction.<br />
<br />
History of Section.<br />
(P.L. 1988, ch. 32, § 1.)<br />
<br />
§ 34-11-41 Reimposition of restrictive covenants. —<br />
<br />
The mere recital in a deed or other instrument of conveyance to the effect that the conveyance is subject to restrictive covenants or other restrictions shall not operate to impose, reimpose, or recreate the restrictive covenants or other restrictions which have expired according to their terms or which have ceased to be valid and operative by virtue of the provisions of § 34-4-21, unless the intent to make the imposition, reimposition, or recreation is expressly stated in the instrument of conveyance, or unless the instrument whereby the restrictive covenants or other restrictions were created provides for automatic renewal or extension of the covenants.<br />
<br />
History of Section.<br />
(P.L. 1991, ch. 359, § 1.)<br />
<br />
RHODE ISLAND CASE LAW<br />
<br />
Under Rhode Island law, the vendee in an executory contract for the sale of land becomes equitable owner of such land and the vendor holds legal title merely as security for the purchase price. Dulgarian v. Providence, 507 A.2d 448 (1986)<br />
<br />
In a real property context, the execution of a purchase and sale agreement renders the buyer the equitable owner but does not result in a transfer of possession or legal title. Forcier v. Woloohojian Realty Corp. 1991 R.I.Super.Lexis 74 (1991)
