The proposed legislation is designed to enhance property rights for individuals seeking to claim footpaths across parcels of land. By eliminating the statutory barriers to acquiring these rights, the bill could lead to more substantial property usage, particularly important for those seeking access routes across private property. Proponents argue that the change is necessary to address modern property dynamics, enabling better integration and accessibility between different land areas.
Summary
House Bill H6452 aims to amend existing property laws in Rhode Island by repealing Section 34-7-4, which restricts the acquisition of a right of footway through adverse possession. Currently, the law prohibits individuals from gaining a right of footway unless they have a claim associated with a right to pass with vehicles. The bill's passage would allow for individuals to acquire such rights by prescription or adverse use, thereby modifying the landscape of property ownership and usage in the state.
Contention
While proponents see the repeal as a beneficial reform, there may be contention surrounding this bill, particularly concerning potential infringement on private landowners' rights. Critics may argue that allowing rights of footway to be acquired through adverse possession could lead to disputes over land use, impacting the privacy and control landowners have over their properties. The debate will likely hinge on balancing accessibility for the public with property rights and landowner autonomy.
Denies the right of footway, except within one hundred (100) yards of the Pawtuxet River in the cities of Warwick and Cranston and except in connection with a right to pass with carriages to be acquired by prescription or adverse use.
Denies the right of footway, except within one hundred (100) yards of the Pawtuxet River in the cities of Warwick and Cranston and excepts in connection with a right to pass with carriages, to be acquired by prescription or adverse use.
Denies the right of footway, except within one hundred (100) yards of the Pawtuxet River in the cities of Warwick and Cranston and except in connection with a right to pass with carriages to be acquired by prescription or adverse use.
Amends current law to make denial of a right of footway applicable only to a private right of footway and not to the public right of footway accrued under the doctrine of implied dedication.