Rhode Island General Laws 34-23-1. Effect of unrecorded defeasance
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When a deed purports to contain an absolute conveyance of real estate but is made defeasible by a deed, bond or other instrument, the original deed shall not be thereby affected as against any person, other than the maker of the instrument of defeasance and his or her heirs and devisees and persons having actual notice of it, unless such defeasance is recorded in the records of land evidence in the town or city in which the real estate to which it relates is situated prior to the conveyance to such other person.
History of Section.
G.L. 1896, ch. 207, § 1; G.L. 1909, ch. 258, § 1; G.L. 1923, ch. 302, § 1; G.L. 1938, ch. 442, § 1; G.L. 1956, § 34-23-1.
Terms Used In Rhode Island General Laws 34-23-1
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9