Rhode Island General Laws 34-13.1-4. Prior interest void
Subject to the matters stated in § 34-13.1-3 such marketable record title shall be held by its owner and such shall be taken by any person dealing with the land free and clear of all interests, claims or charges whatsoever, the existence of which depends upon any act, transaction, event or omission that occurred prior to the effective date of the root title. All such interests, claims or charges, however, denominated, whether legal or equitable, present or future, whether those interests, claims or charges are asserted by a person sui juris or under a disability, whether that a person is within or without the state, whether that person is natural or corporate is private or governmental, are hereby declared to be null and void.
History of Section.
P.L. 1995, ch. 241, § 1; P.L. 1995, ch. 299, § 1.
Terms Used In Rhode Island General Laws 34-13.1-4
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Marketable record title: means a title of record which operates to extinguish such interest and claims, existing prior to the effective date of the root of title as are stated in Rhode Island General Laws 34-13.1-1
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6