§ 34-4-24 - Limitation of proceedings based upon right of entry for condition broken or possibility of reverter. - Rhode Island Statutes

SECTION 34-4-24

   § 34-4-24  Limitation of proceedings basedupon right of entry for condition broken or possibility of reverter. – (a) No proceeding based upon any right of entry for condition broken orpossibility of reverter to which a fee simple or fee simple determinable inland is subject, created before May 11, 1953, shall be maintained in any courtafter December 31, 1987, unless on or before December 31, 1987:

   (i) The condition has been broken or the reverter hasoccurred, and a person or persons having the right of entry or reverter shallhave taken possession of the land, or;

   (ii) A person or persons having the right of entry, or whowould have it if the condition were broken, or would be entitled to a right ofentry if a reverter occurred or one of them if there be more than one, shall byhimself or herself, or by his or her attorney, agent, guardian, conservator, orparent have filed in the town or city clerk's office or recorder of deedsoffice for the town or city in which the land is situated, a statement inwriting, duly sworn to, describing the land, the nature of the right, the deedor other instrument creating it, and where it may be found, and naming theperson or persons appearing of record to own the fee subject to the right orpossibility.

   (2) This statement shall be received and recorded uponpayment of the fee required by law and shall be indexed in the grantor indexunder the person or persons named.

   (b) This section shall apply to all rights described insubsection (a) whether or not the holder of the rights is under any disabilityor out of the state, and it shall apply notwithstanding any recitals in anyrecorded deed or other instrument unless a statement is filed as provided insubsection (a).

   (c) Nothing in this section shall be construed to extend theperiod of any other applicable statute of limitations, or to authorize thebringing of any proceeding to enforce any right which has been or may be barredby lapse of time or for any other reason.