How to Access Property Records in Rhode Island

What Information Can You Find in Rhode Island Property Records?

A property history search will reveal a lot about a particular property. You might be shocked at how much information you can unveil. Some records will contain the same details, and others will vary.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

Deeds are common property records. They often come with attachments that dictate how the land can be used. Deeds transfer ownership of property and validate title. In Rhode Island, the town clerk/recorder's office maintains deeds.

Deeds include the following information:

• Grantor and Grantee Information - A deed contains the name and address of the seller/grantor and buyer/grantee.
• Legal Description of the Property - The deed will also contain the legal address and description of the property.
• Consideration and Conveyance Language - The bulk of the information contained in the deed will be legal conveyance language describing the transfer of ownership and any easements or deed restrictions.
• Execution and Acknowledgment - At the bottom of the deed, there will be signature lines for all parties to sign and acknowledge the deal. The deed will also be notarized to fully execute it.

Property Tax Records

Anyone who owns property in Rhode Island must pay annual property taxes. These taxes pay for things like road maintenance, schools, government salaries, and emergency services.

Oddly enough, even though Rhode Island is the smallest state, it has some of the highest property taxes in the country. The average effective property tax rate is 1.30%, meaning most homeowners pay around $4,518 annually.

Local tax assessors and collectors set tax rates and collect taxes in each municipality. The State of Rhode Island Division of Municipal Finances oversees all these local tax officials.

The following information appears in a standard Rhode Island property tax record :

• Tax Rates - Various taxes apply to each property. Therefore, the document will show a breakdown of the tax and overall rates.
• Address - The document must show the property's address and owner's name. It may also show the Assessor's office address.
• Payment Methods - The record will show applicable payment methods, including online, Visa, and MasterCard.
• Account Number and PIN - The document must show the account number and PIN, which are essential in making payments.
• Due Dates - The document may include the due dates for paying the taxes.
• Assessment Values - The record shows the property's assessed value as determined by an assessor.
• Exemptions - The record may show a list of the exemptions applying to a property.

Building Permits and Regulations in Rhode Island

You must obtain the proper building permit before building, renovating, or demolishing. Rhode Island handles building permits at the state level. You can apply for one using the State of Rhode Island State Building Office permitting portal.

Property Liens and Encumbrances in Rhode Island

Encumbrances like liens appear in public property records and can damage a property and its owners. Too many liens indicate a serious financial problem and can damage the owner's financial reputation, making it impossible for them to obtain funding. Liens can lead to the loss of your home. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

You have control over voluntary liens. Whenever you use your house as collateral for a loan, you allow the lender to place a lien on the property until the loan is paid off. Even though you choose voluntary liens, they can still lead to foreclosure and the loss of your home.

• Mortgage Liens - Mortgage liens are very common. Whenever you borrow money to buy a house, the lender will place a lien on the property. If you default on the loan, the lender will foreclose and eventually sell your home to get their money back.

  These records include details such as:

  • Parties - The mortgage contract names the parties involved, which include the borrower (mortgagor) and the lender (mortgagee). It contains their legal names, contact information, and transaction roles.
  • Loan Amount and Terms - The mortgage contract specifies the loan amount granted by the lender and the loan's terms and conditions. Details include the interest rate, payback length, monthly payment amounts, and applicable fees or charges.
  • Repayment Obligations - The contract specifies the borrower's loan repayment responsibilities, including payment frequency and method. It may also include information about late payment penalties, prepayment choices, and any tax and insurance escrow arrangements.
  • Insurance and Taxes - The contract may require the borrower to keep insurance coverage on the property and pay property taxes on time. It may also include terms allowing the lender to intervene and safeguard their interests if the borrower fails to meet these responsibilities.

Involuntary Liens

You do not have any control over involuntary liens. These are imposed against your will when you fail to pay a debt. Involuntary liens are very serious and almost always lead to foreclosure and the loss of the home.

• Mechanic's Liens - Contractors, subcontractors, laborers, landscapers, and material suppliers can use a mechanic's lien to get paid when they work for you and you fail to pay their bill. They must sue you in court to enforce the lien, and if they win, they can foreclose and sell your home to get paid from the proceeds.
• Tax Liens - Local tax officials impose tax liens when you don't pay your annual property taxes. After placing the lien, you have one last chance to pay the overdue taxes. If you do not, the town/city will foreclose and sell your house at auction.
• Judgment Liens - Creditors to whom you owe money can use judgment liens to get paid. They first impose the lien on your property and then take you to court. If the judge rules in their favor, they can foreclose and sell your property.

The Process of Property Liens in Rhode Island

Putting a lien on a property depends on the type of lien. The following is a breakdown of the mechanic's lien process in Rhode Island:

• It is important to note that only licensed contractors may file mechanics liens in the state. If the individual is licensed, they may send a preliminary notice. While Rhode Island does not require claimants to send this notice, it helps to secure lien rights. If the individual contracts directly with the owner, they must send a Notice of Possible Mechanic's Lien. The contractor must include it in the contract or by certified mail ten days from the first work day.
• The second stage is the Notice of Intent to Lien, which serves as the mechanic's lien form. The form should include the owner's information, a description of the property, the cost of labor and materials provided, the hiring party's information, and the claimant's information. The claimant must notify the owner within 200 days of the last day of labor furnishing or material supply.
• After serving, the claimant may file the lien at the county clerk's office after giving the property some time to resolve the dispute. According to the county office, the individual must provide the correct filing fee and use approved filing methods. After filing, the holder may enforce or release the lien.

Easements and Covenants

Some deeds include easements and covenants. These items detail how the land can be used and dictate certain rules. Easements are rights of way that allow someone other than the owner to access the land for a specific purpose. For example, a logging company might access a forest on private land to harvest trees.

Covenants are strict rules about how the property can be used. You see these in gated communities and condos. For example, owners cannot put pink flamingos on the lawn.

Plats and Surveys

Both plats and surveys are types of maps, but they differ slightly. Surveys contain only the boundaries of a single property, while plats, on the other hand, contain the boundaries of all neighboring properties. Both frequently accompany deeds.

Property Descriptions and Boundaries in Rhode Island

Every Rhode Island property has its own legal description. These descriptions include map coordinates showing exactly where it is located and a detailed description listing natural landmarks and other items to make it easy to find.

Surveys are a process designed to measure land and determine firm boundaries. People use them before building new homes, installing underground utilities, and in boundary disputes.

The following information appears in a standard Rhode Island survey:

• Property Boundaries - The survey will precisely display the property's boundary lines, identifying its exact location and proportions. This will help determine the size of the property and its boundaries.
• Legal Description - The survey may include a full description of the property, providing a written narrative of its boundaries, dimensions, and any important reference points or markers.
• Easements and Encroachments - The survey will identify any easements or encroachments on the land.
• Improvements - The survey may show buildings, fences, roadways, and other structures as existing improvements on the land. This helps provide a clear portrayal of the property's physical features.
• Physical Features - The survey may include information about the property's physical features, such as terrain, elevation, bodies of water, or natural landmarks. This information can be useful for various applications, such as development planning or determining flood zones.
• Surveyor Certifications - The certified professional land surveyor who conducted the survey will sign and stamp the survey. The surveyor's certifications attest that the survey was carried out according to professional standards and accurately portrays the property.

Boundary disputes erupt when one person thinks another is trespassing on their land and overstepping boundaries. These sometimes end up in court, where a judge must decide who owns what. They use professional surveyors to measure the land and determine where the boundaries are.

Foreclosures

Foreclosures appear in public property records. Although foreclosure homes may be listed below fair market value, they can be a headache to sell, so many buyers may shy away from these properties. Investors, however, look for these kinds of deals.

Pre-foreclosures are homes that have yet to be sold at auction. There is still time to redeem the property. Investors often seek out these properties and offer the owner a deal far less than market value. The investor makes a profit while the homeowner gets out of debt and avoids foreclosure.