Repeals the provisions of ยง 34-7-4 regarding rights of footway being acquired by adverse possession.
Impact
If enacted, this bill would eliminate the statutory prohibition on gaining footway rights through adverse possession. This change will enable individuals or entities to claim rights to footways without being required to demonstrate any connection to vehicular access. Consequently, this legislative modification could lead to broader implications for landowners, property developers, and the general public regarding how property rights and usage can be asserted over time.
Summary
House Bill H7750 aims to amend the existing property law relating to the acquisition of footway rights through adverse possession. The bill specifically seeks to repeal Section 34-7-4 of the General Laws, which currently states that no right of footway can be acquired by prescription or adverse use without being connected to the right to pass with carriages. The proposed changes suggest a significant shift in how footway rights can be claimed or disputed in the state of Rhode Island.
Contention
Though the bill does not appear presently linked to overtly contentious debates, if it were to face opposition, it might revolve around concerns about property disputes and access. Critics could argue that enabling the acquisition of footway rights through adverse possession may result in conflicts between property owners regarding land use, boundaries, and access rights. Proponents of the bill may advocate for increased property rights flexibility while emphasizing the importance of mobility and access to land.