Legal Question in Real Estate Law in Rhode Island

Re: Rights to ''Private Way''

You question appears to raise several possible issues you need to be concerned about - and resolve - before actually selling the property. It is impossible to answer your question without knowing much more about the surrounding facts and circumstances. For example, the property boundary is probably specifically described in the deed and related documents in the Registry of Deeds, and you need to be sure you know precisely what you are selling prior to marketing the property. If you mistakenly misrepresent the property boundaries, potential easements, and possible encumberances (by the neighbor, for example), you will almost certainly have a big problem later, if the buyer discovers the property you represented and the property you actually sold them are different things, or you knew but failed to disclose the facts surrounding the neighbor's abutting use and/or easement or right of access to your property.

It is critical for you to retain counsel to iron out these issues before you put the property on the market. Whatever fees you pay now in that regard are sure to be a mere fraction of the fees you would incur if you did not handle this properly now and created legal claims by any subsequent buyer (or the neighbor) of the property. I cannot stress this point enough.

Feel free to contact me directly to follow-up on your inquiry and better define the issues and what it will take to handle them now.

Re: Rights to ''Private Way''

boundary disputes and private ways are very fact specific areas of the law. Before you go to court, be sure to speak with a real estate expert; prefereably someone who is a certified title examiner for the land Court since that is where the case will likely be resolved if it cannot be dealt with amicably.