Adverse Possession in Rhode Island

Background

“Today, all fifty states have some statutory form of adverse possession, typically requiring proof that "possession was actual, hostile, open and notorious, exclusive, and continuous for the period of the statute of limitations.” (See Cahill v. Morrow (2011) 11 A.3d 82, 87.)

“In Rhode Island, obtaining title by adverse possession requires actual, open, notorious, hostile, continuous, and exclusive use of property under a claim of right for at least a period of ten years.” (See id.)

“[T]he recognition of the owner's title by an adverse claimant interrupts the adverse possession” (See id.)

General Information for Complaints and Motions

“The party who asserts that adverse possession has occurred must establish the required elements by strict proof, that is, proof by clear and convincing evidence.” (See Cahill v. Morrow (2011) 11 A.3d 82, 88.)

“Clear and convincing evidence is defined in a variety of ways; for example, to establish a fact or an element by clear and convincing evidence a party must persuade the jury that the proposition is highly probable, or must produce in the mind of the factfinder a firm belief or conviction that the allegations in question are true.” (See id.)

“The clear and convincing evidence standard does not require that the evidence negate all reasonable doubt or that the evidence must be uncontroverted.” (See id.)

Standard of Review and Burdens of Proof

“This Court reviews a hearing justice's grant of summary judgment in a de novo manner, applying the same standards and rules as did the motion justice.” (See Lomastro v. Iacovelli (2015) 126 A.3d 470, 473.)

“In conducting our review, we remain mindful that [s]ummary judgment is a drastic remedy, and a motion for summary judgment should be dealt with cautiously.” (See id.)

“However, it is well settled that [s]ummary judgment is appropriate when, viewing the facts and all reasonable inferences therefrom in the light most favorable to the nonmoving party, the court determines that there are no issues of material fact in dispute, and the moving party is entitled to judgment as a matter of law.” (See id.) “In making a summary judgment determination, the hearing justice must refrain from weighing the evidence or passing upon issues of credibility.” (See id.)

“Accordingly, we have recognized that the purpose of the summary judgment procedure is issue finding, not issue determination.” (See id.)

The Court’s Decisions

It is well settled that “requiring adverse possession under a claim of right is the same as requiring hostility, in that both terms simply indicate that the claimant is holding the property with an intent that is adverse to the interests of the true owner.” (See Cahill v. Morrow (2011) 11 A.3d 82, 89.)

As such, it is also well settled that “a claim of right may be proven through evidence of open, visible acts or declarations, accompanied by use of the property in an objectively observable manner that is inconsistent with the rights of the record owner.” (See id.)