Repeals the provisions of § 34-7-4 regarding rights of footway being acquired by adverse possession.
The repeal of this provision could significantly impact property law in Rhode Island by altering the landscape of land use and rights of way. By removing restrictions on acquiring footway rights through adverse possession, the bill may enhance individuals' rights to claim such access based on established usage. This could lead to increased disputes over property boundaries and rights, as it opens the possibility for more claims to be made by those who have utilized paths or footways over time, potentially changing how landowners manage and perceive these rights.
Senate Bill S2634 proposes the repeal of § 34-7-4 of the General Laws, which currently prohibits the acquisition of footway rights by adverse possession unless it is in connection with a right to pass with carriages. The primary aim of this bill is to eliminate the statutory prohibition that has historically restricted individuals from claiming rights of footway through long-term uninterrupted use of the land. This change could potentially allow individuals greater access and rights regarding pathways across property they do not own but have habitually used.
While the bill may provide additional rights for individuals seeking access, it could raise concerns among property owners about the implications for their land. Critics may argue that this change could lead to a surge in claims that disrupt land ownership principles and complicate the management of private properties. Proponents of the bill, however, might contend that it corrects an outdated statute that improperly restricts citizens' rights to public access through prolonged customary use. Thus, the discussions surrounding S2634 may hinge on balancing individual access rights against property owners' rights.