Rhode Island Real Estate Pitfalls: Problems That Can Turn a Routine Closing Into Litigation

Rhode Island Real Estate Pitfalls: Problems That Can Turn a Routine Closing Into Litigation

Buying or selling real estate in Rhode Island is often the largest financial decision a person will ever make. Most transactions close without difficulty. When problems arise, they usually result from issues that could have been identified before closing with proper preparation.

After more than five decades practicing Rhode Island real estate law, one conclusion stands out:

Most real estate disputes are preventable.

They usually arise when:

• Buyers assume instead of verify

• Sellers underestimate disclosure obligations

• Due diligence is rushed

• Legal review happens too late

• Parties rely on informal representations

Rhode Island’s historic property system makes careful review especially important. Colonial land records, local zoning regulations, environmental rules, and aging housing stock all create risks that may not be obvious during a showing.

Here are five of the most common problems we see — and how they can often be avoided.

What Are the Most Common Rhode Island Real Estate Problems?

The most common Rhode Island real estate problems include:

• Title defects

• Boundary disputes

• Seller disclosure failures

• Zoning restrictions

• Environmental issues

Any one of these can delay a closing or lead to legal disputes after purchase.

Pitfall #1: Title Problems That May Not Appear Until After Closing

Title problems remain one of the most common legal risks in Rhode Island real estate transactions.

Examples include:

• Old mortgages never discharged

• Unknown easements

• Probate ownership claims

• Tax liens

• Breaks in chain of title

Because Rhode Island is one of the oldest states, property records often extend back hundreds of years. Early deeds sometimes relied on landmarks like stone walls or trees that no longer exist.

How buyers protect themselves

Two protections are essential:

A legal title examination

Rhode Island considers determining marketable title the practice of law.

Owner’s title insurance

This protects buyers against claims that surface after closing.

In practice, the one-time premium for title insurance is minimal compared to the risk of ownership litigation.

Pitfall #2: Boundary Disputes

Boundary disputes often arise when buyers rely on assumptions rather than documentation.

Common causes include:

• Fence placement

• Landscaping

• Shared driveways

• Waterfront access misunderstandings

• Outdated surveys

A Rhode Island Supreme Court case demonstrates the issue.

In Clark v. Buttonwoods Beach Association (2020), homeowners believed they owned waterfront land they had used for years. The Court ruled they did not.

The takeaway:

Use does not establish ownership. Only the deed controls.

Understanding adverse possession risk

Rhode Island law allows adverse possession claims after ten years under R.I. Gen. Laws §34-7.

This creates risk for both buyers and property owners.

Prevention

The best protection is often simple:

Order a current independent survey.

This is especially important for:

• Waterfront property

• Older neighborhoods

• Irregular parcels

• Properties with shared access

Pitfall #3: Seller Disclosure Problems

Rhode Island requires residential sellers to complete a disclosure form under R.I. Gen. Laws §5-20.8-2.

This includes disclosure of:

• Structural conditions

• Mechanical systems

• Oil tanks

• Sewer systems

• Environmental hazards

• Easements

• Zoning classification

Where disputes happen

Most disputes arise from misunderstandings about what must be disclosed.

Courts may consider whether a seller reasonably should have known about a defect.

Practical guidance

For sellers:

If unsure whether something should be disclosed, disclosure is usually safer.

For buyers:

Disclosure forms do not replace inspections.

Sellers disclose what they know.

Inspectors identify what exists.

Pitfall #4: Zoning Surprises

Zoning determines how property may legally be used. Buyers sometimes rely on marketing descriptions rather than verifying municipal regulations.

Rhode Island zoning is governed locally under Chapter 45-24.

Common problems include:

• Nonconforming properties

• Setback limitations

• Density restrictions

• Accessory dwelling rules

• Home business limitations

A mistake often seen

Buyers assume an existing structure can always be modified.

But demolition, major renovation, or vacancy can sometimes eliminate grandfathered rights.

Best practice

Before purchasing:

Confirm zoning directly with the local planning department.

Pitfall #5: Environmental and Infrastructure Issues

Certain issues appear frequently in Rhode Island.

Cesspools

Rhode Island continues to phase out substandard cesspools under the Cesspool Act. Replacement costs can be significant.

Underground oil tanks

Older homes may contain abandoned tanks. Cleanup costs from leaks can be substantial.

Coastal property regulations

Properties near the shoreline may fall under CRMC jurisdiction affecting development rights and alterations.

These restrictions can affect property value and intended use.

Smart Due Diligence Checklist Before Buying Rhode Island Property

Before purchasing, buyers should consider:

✔ Hiring a Rhode Island real estate attorney

✔ Ordering a survey where appropriate

✔ Getting a thorough inspection

✔ Reviewing disclosures carefully

✔ Verifying zoning independently

✔ Purchasing owner’s title insurance

Many disputes occur when one of these steps is skipped.

Guidance for Rhode Island Sellers

Sellers can reduce risk by:

✔ Completing disclosures carefully

✔ Addressing known defects

✔ Providing available reports

✔ Reviewing contracts before signing

Minimizing issues during disclosure often creates more liability than addressing them directly.

Lessons From Practice

One lesson from decades of Rhode Island real estate practice:

Real estate disputes rarely begin at closing. They begin when preparation is incomplete.

The most valuable legal work often prevents disputes rather than resolves them.

Frequently Asked Questions

Do I need a real estate attorney in Rhode Island?

Rhode Island is considered an attorney-state for title review. An experienced real estate attorney can identify risks before closing and help prevent disputes.

Should I always get title insurance?

In most cases, yes. Title insurance protects against ownership claims that may arise after closing.

Are seller disclosures reliable?

They are important but should never replace inspections or independent verification.

Should I get a survey before buying?

If the property has boundary risks, waterfront access, shared driveways, or irregular lines, a survey is strongly advisable.

The Bottom Line

Rhode Island remains one of New England’s most desirable real estate markets. Its history and coastal character also create legal complexity.

The difference between smooth transactions and disputes usually comes down to preparation.

Questions asked before closing often prevent disputes after closing.

About the Author

Alfred R. Rego Jr. is a Rhode Island attorney with more than 50 years of experience representing buyers, sellers, developers, and property owners in real estate transactions and disputes. His practice is based in Bristol, Rhode Island.

Contact Information

Rego & Rego

Attorneys at Law

Bristol, Rhode Island

401-253-2500

https://www.rego-law.com

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Readers should consult a qualified Rhode Island attorney regarding their specific situation.

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