Key Takeaways

  • Rhode Island recognizes various forms of property ownership including tenancy in common and joint tenancy
  • Rhode Island allows tenancy by the entirety for married couples with right of survivorship
  • Deeds must be recorded with the local city or town clerk to provide constructive notice
  • Rhode Island uses both warranty deeds and quitclaim deeds in transactions
  • Property taxes in Rhode Island are assessed and collected by municipalities
Last updated: January 2026

Rhode Island Property Law

Rhode Island property law governs how real estate is owned, transferred, and recorded.

Forms of Property Ownership

Tenancy in Common

FeatureDescription
Ownership sharesCan be equal or unequal
Right of survivorshipNo - interest passes to heirs
TransferEach owner can sell their share
DefaultRhode Island default if not specified

Joint Tenancy

FeatureDescription
Ownership sharesMust be equal
Right of survivorshipYes - passes to surviving owner(s)
Four unitiesTime, title, interest, possession
CreationMust be expressly stated in deed

Tenancy by the Entirety

FeatureDescription
Who can holdOnly married couples
Right of survivorshipYes - automatic
TransferBoth spouses must agree
Creditor protectionGenerally protected from individual creditors

Key Point: Rhode Island recognizes tenancy by the entirety for married couples, providing both survivorship rights and creditor protection.

Types of Deeds

Warranty Deed

FeatureDescription
GuaranteesFull warranties of title
Grantor liabilityLiable for all title defects
UseMost common for sales
ProtectionHighest level for buyer

Special Warranty Deed

FeatureDescription
GuaranteesOnly during grantor's ownership
Grantor liabilityLimited to grantor's period
UseEstates, foreclosures

Quitclaim Deed

FeatureDescription
GuaranteesNone
Grantor liabilityNone
UseClearing title, transfers between family
ProtectionLowest level for buyer

Recording System

Where to Record

In Rhode Island, deeds and other documents affecting real property are recorded with the city or town clerk (or recorder of deeds) in the municipality where the property is located.

Purpose of Recording

PurposeDescription
Constructive noticePublic is deemed to know of recorded documents
PriorityFirst to record generally has priority
Chain of titleCreates searchable ownership history
ProtectionProtects against subsequent claims

Recording Requirements

RequirementDetails
Original documentMust be original or certified copy
Proper executionSigned by grantor
AcknowledgmentNotarized
Recording feePaid to municipality

Property Taxes

Assessment and Collection

AspectDetails
Assessed byLocal municipality (city/town)
Tax rateSet by municipality
Due datesVary by municipality
Lien priorityProperty tax liens are superior liens

Tax Proration at Closing

When property transfers, taxes are typically prorated between buyer and seller based on the closing date.

Liens and Encumbrances

Types of Liens

Lien TypeDescription
Property taxSuperior lien for unpaid taxes
MortgageVoluntary lien securing loan
Mechanic's lienFor unpaid construction work
Judgment lienCourt-ordered lien

Priority Rules

Generally:

  1. Property tax liens (superior)
  2. First recorded mortgage
  3. Subsequently recorded liens in order
  4. Mechanic's liens (may relate back to work start date)

Exam Tip: Understanding lien priority is important for determining who gets paid first if property is sold or foreclosed.

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Rhode Island Property Ownership Types
Test Your Knowledge

Which form of property ownership is only available to married couples in Rhode Island?

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B
C
D
Test Your Knowledge

Where are deeds recorded in Rhode Island?

A
B
C
D