Property Disputes in Providence, RI

Property disputes in Rhode Island are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.

Find out what you can do if you have a property dispute in Providence, Rhode Island. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Providence, RI property disputes can involve a wide range of parties, which might include some of the following:

• Neighbors
• Homeowners’ association
• Landlords and tenants
• Family members
• Trespassers
• Property visitors
• Government agencies

The Providence Superior Court has jurisdiction over many of the property dispute cases in Providence. If you are experiencing such a dispute, this may be where you have to file.

Common Types of Providence, Rhode Island Property Disputes

It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:

• Disputes between neighbors regarding where property lines exist
• Disputes between landlords and tenants regarding who is at fault for damage to the property
• Homeowners and real estate developers disagree over who is responsible for repairs on construction
• People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
• Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
• Disputes between homeowners and government agencies about whether they have a utility easement
• Ownership disputes about who is the rightful owner of a property
• Issues with zoning

Beyond these examples, you may find other situations in Providence where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.

Understanding Typical Providence, Rhode Island Property Disputes

The Superior Court of Rhode Island has set penalties for illegally removing a tree from someone’s property in Providence. In the case where such an event occurs, the landowner is entitled to receive twice the value of every tree cut down without consent. Furthermore, the Rhode Island Right to Farm Act protects farmland and agricultural property in the state. These laws indemnify agricultural land from nuisance suits. Their goal is to protect such land from the enrichment of cities and municipalities.

Legal Process for Boundary Disputes In Providence, Rhode Island

Has someone brought a property dispute against you in Providence, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

• Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
• Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
• Do a title search to find all of the documents in the chain of title of your Providence, RI property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

The Municipal Code of Providence states that no fence in a residential zone can be higher than 6 feet without receiving an exemption from the city. No fence that is near a public street or walkway is permitted to obstruct the vision of drivers. In addition, no partition or fencing can be constructed from shrubs, hedges, or other plants. A legal fence must be made from the proper materials.

Try to Find a Solution with Your Neighbor

Property dispute litigation in , can quickly become costly and time-consuming. To avoid these challenges, addressing the issue directly with your neighbor is often the most effective solution. Resolving the matter outside of court can save time, reduce stress, and minimize costs for all parties involved.

Start by initiating a respectful conversation with your neighbor. Whether through a polite letter, email, phone call, or a safe in-person visit, opening communication can often lead to a resolution without the need for legal intervention.

If you find that no progress is made and it becomes clear that you and your neighbor remain at an impasse, it may be time to hire an attorney. An experienced lawyer can help assess whether you have legal grounds to pursue the issue further. If so, your attorney may suggest sending a demand letter to your neighbor.

Sending a Demand Letter

A demand letter, drafted by your attorney, will clearly outline the property dispute and offer your neighbor a chance to resolve the issue through a specific action. It may include a suggested settlement price or ask for a response within a reasonable timeframe.

Your neighbor will likely consult their attorney upon receiving the letter. The attorneys from both sides can then discuss the best course of action moving forward, whether it involves negotiation, mediation, or pursuing legal action in court.

Going to Court or Reaching a Settlement

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court.

The court will then look closely at the evidence presented and determine who owns the Providence, RI property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

If the dispute is not resolved to your satisfaction, it may not be the end. You can file an appeal with the Appeals Division located within the Lichty Building in Providence. An experienced attorney in Providence can help you best navigate this process.

Work With an Experienced Local Property Dispute Lawyer In Providence, Rhode Island

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or defending a dispute brought against you, you’ll need a lawyer who understands Providence property law on your side. An experienced lawyer can help you settle before taking the dispute to court, saving you both time and money. We can even help you connect with an attorney across Rhode Island state lines.

Submit a request online or call us today at (866) 345-6784 to speak with an attorney in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.