Rhode Island House Bill H6452

Rhode Island 2023 Regular Session

• Introduced: 5/26/23
• Refer: 5/26/23

Caption

By Possession And Prescription

Impact

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.