Squatters Rights Rhode Island Summary
Statutory Period
10 years of continuous possession
Primary Statute
Rhode Island General Laws § 34-7-1
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Clear and convincing evidence standard
- Actual, visible, and continuous use
Squatters Rights 30 Days Rhode Island
There is a pervasive misconception that squatters in Rhode Island can gain legal rights after just 30 days of occupation. This claim is completely false and has no basis in Rhode Island state law. Understanding the actual legal requirements is important for both property owners and occupants.
Origins of the 30-Day Myth in Rhode Island
This misinformation stems from several sources:
- Confusion with tenant laws: Rhode Island's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Rhode Island is 10 years, not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Rhode Island's 2025 Squatter Removal Process
Rhode Island law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Rhode Island's criminal trespass laws
- For situations requiring court action, Rhode Island offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Rhode Island has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Rhode Island has clarified its trespassing laws to better address squatting situations, with amendments to criminal trespass statutes to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Rhode Island, a claimant must occupy the property for 10 years continuously, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Rhode Island
Key information about squatter's rights in Rhode Island
Rhode Island's adverse possession laws require a 10-year statutory period and clear evidence of all required elements. The state has developed specific considerations through case law that guide how these requirements are applied in different circumstances.
Statutory Time Requirements
Rhode Island has a straightforward timeframe for adverse possession claims:
- 10 years: Standard adverse possession period (R.I. Gen. Laws § 34-7-1)
- No shortened period: Unlike some states, Rhode Island does not offer a reduced timeframe based on color of title or tax payment
Reference: Rhode Island General Laws
Common Law Elements
To establish adverse possession in Rhode Island, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire 10-year statutory period
- Claim of Right: Assertion of ownership or right to the property
Rhode Island's Unique Requirements
Rhode Island has some distinctive elements in its adverse possession law:
- There is no requirement to pay property taxes to establish adverse possession
- The state does not have a "color of title" provision that reduces the statutory period
- The statutory period can be tolled (paused) for disabilities such as minors or mental incompetence
- Seasonal or periodic use may qualify as continuous possession if it is consistent with how an owner would use the property
- "Claim of right" does not require a good faith belief of ownership but rather an intent to use the property as one's own
These specific requirements have been developed through Rhode Island case law and distinguish it from many other states.
Rhode Island Adverse Possession Statutes
Rhode Island General Laws § 34-7-1. Adverse possession for ten years
Where any person or persons, or others from whom he, she, or they derive their title, either by themselves, tenants or lessees, shall have been for the space of ten (10) years in the uninterrupted, quiet, peaceful and actual seisin and possession of any lands, tenements or hereditaments for and during that time, claiming the same as his, her or their proper, sole and rightful estate in fee simple, the actual seisin and possession shall be allowed to give and make a good and rightful title to the person or persons, their heirs and assigns forever; and any plaintiff suing for the recovery of any such lands may rely upon the possession as conclusive title thereto, and this chapter being pleaded in bar to any action that shall be brought for the lands, tenements or hereditaments, and the actual seisin and possession being duly proved, shall be allowed to be good, valid and effectual in law for barring the action.
Rhode Island General Laws § 34-7-6. Reimbursement of evicted occupant for improvements
If an occupant of land has purchased or acquired the land and has made valuable improvements on the land, in good faith, believing that he or she had good title to the land, and the land is subsequently found not to be the property of the occupant, and the person who has purchased and improved the land is required to surrender the land to the rightful owner, the occupant of the land shall be entitled to recover from the rightful owner the value of the improvements to the land, as of the date when the rightful owner commenced his or her action to recover possession of the land. The value of the improvements shall not be affected by the fact that a building or structure has been placed upon the land by the occupant since his or her purchase or acquisition of the land, but the value of the building and structure shall be included in the value of the improvements. The owner of the land, in the event the owner prevails, shall not be obligated to deliver possession of the property to the occupant until the owner is paid the amounts due him or her by the occupant.
Important Legal Notes
- Rhode Island courts have consistently required all elements of adverse possession to be proven by clear and convincing evidence.
- Under Rhode Island law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in Rhode Island must be initiated by filing a quiet title action.
- Rhode Island specifically exempts all government-owned lands from adverse possession claims.
- Section 34-7-6 provides for compensation to a good faith improver of property who later loses the property through legal action.
Key Rhode Island Adverse Possession Cases
Cahill v. Morrow (11 A.3d 82, 2011)
This important Rhode Island Supreme Court case clarified that the "claim of right" requirement in adverse possession does not require a good faith belief of ownership but rather an intent to use the property as one's own. The court held that a claimant's subjective belief regarding the true owner's identity is irrelevant to whether possession is hostile or under a claim of right.
Tavares v. Beck (814 A.2d 346, 2003)
The Rhode Island Supreme Court established that seasonal or periodic use may still qualify as continuous possession if it is consistent with how an owner would use the property. This case involved vacation property that was only used during certain months of the year, and the court found that this pattern of use could still satisfy the continuity requirement for adverse possession.
Acampora v. Pearson (899 A.2d 459, 2006)
This case emphasized that all elements of adverse possession must be proven by clear and convincing evidence, which is a higher standard than the typical preponderance of evidence used in civil cases. The court also clarified that merely making occasional use of another's property for recreational purposes is typically insufficient to establish the necessary elements of adverse possession.
Reitsma v. Pascoag Reservoir & Dam, LLC (774 A.2d 826, 2001)
Established that adverse possession cannot be claimed against government-owned property in Rhode Island. This case involved a reservoir that had been used by the public for recreation for decades, but the court found that once the property came into government ownership, adverse possession claims could no longer accrue against it, regardless of prior private use.
Rhode Island Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Rhode Island, a claimant typically must:
- File a quiet title action in the Superior Court of the county where the property is located
- Provide evidence meeting the 10-year requirement under Rhode Island General Laws § 34-7-1
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Meet the "clear and convincing evidence" standard for all elements
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate town clerk's office to establish clear title to the property.
Defending Against Squatters
Rhode Island property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
- Installing fences or other boundary markers
- Recording a proper survey with the local land records office
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Rhode Island provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants under Rhode Island's criminal trespass laws.
- Summary Eviction: Rhode Island's eviction process for removing unauthorized occupants:
- File a complaint for eviction with the District Court
- Attend the hearing (typically scheduled within 9-12 days)
- Obtain an execution for possession if the court rules in your favor
- Have the sheriff execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under Rhode Island General Laws § 11-44-26.
Important: Rhode Island law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Rhode Island to claim adverse possession?
In Rhode Island, the statutory period for adverse possession is 10 years of continuous, open, notorious, exclusive, and hostile possession. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
Do squatters have to pay property taxes in Rhode Island to claim adverse possession?
No. Unlike some states, Rhode Island does not require payment of property taxes as an element of adverse possession. The claim is based solely on the nature and duration of possession, not on tax payments.
What does "claim of right" mean in Rhode Island adverse possession law?
In Rhode Island, as clarified by the state Supreme Court in Cahill v. Morrow (2011), "claim of right" means that the possessor intends to use the property as their own, regardless of their subjective belief about the true ownership. It does not require a good faith belief of ownership, merely the intent to possess the property exclusively.
Can I legally remove squatters from my property in Rhode Island?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance. In other cases, you must use Rhode Island's eviction process. "Self-help" methods like changing locks or cutting off utilities are illegal in Rhode Island and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in Rhode Island?
No. Rhode Island case law, particularly Reitsma v. Pascoag Reservoir & Dam, LLC (2001), has established that land owned by the state of Rhode Island, municipalities, and other public entities is exempt from adverse possession claims. No matter how long someone occupies public land, they cannot gain ownership through adverse possession.
Does seasonal use of property qualify as "continuous" possession in Rhode Island?
Yes, it can. According to Tavares v. Beck (2003), seasonal or periodic use of property may qualify as continuous possession if it is consistent with how an owner would typically use that type of property. For example, using a vacation property only during summer months can still satisfy the continuity requirement if that's how an owner would normally use such property.