2their standing has its roots in §34-11, Form & Effect of Conveyances. In particular §34-11-1
,§34-11-12, §34-11-21 & §34-11-24
of the Rhode Island General Laws as well as §34-16-4
of the Rhode Island General Laws support the position of the Plaintiffs and of the amicus.
Form & Effect of Conveyances:
Conveyances required to be in writing and recorded.
Every conveyance of lands, tenements or hereditament absolutely, by way of mortgage, or oncondition, use or trust, for any term longer than one year, and all declarations of trustsconcerning the conveyance, shall be void unless made in writing duly signed, acknowledged ashereinafter provided, delivered, and recorded in the records of land evidence in the town or citywhere the lands, tenements or hereditaments are situated; provided, however, that theconveyance, if delivered, as between the parties and their heirs, and as against those taking bygift or devise, or those having notice thereof, shall be valid and binding though notacknowledged or recorded. A lease for the term of one year or less shall be valid although madeby parol. Leases for terms of more than one year may be recorded with a memorandum of leasein writing rather than the original lease; provided, however, that the memorandum shall containthe names of the parties to be charged, a description of the real estate, the duration of the lease,including renewal options and purchase options.
History of Section.
(G.L. 1896, ch. 202, § 2; G.L. 1909, ch. 253, § 2; G.L. 1923, ch. 297, § 2; G.L. 1938, ch. 435, §1; G.L. 1956, § 34-11-1; P.L. 1979, ch. 231, § 1; P.L. 1981, ch. 380, § 1.)
Effect of assignment of mortgage.
An assignment of mortgage substantially following theform entitled "Assignment of Mortgage" shall, when duly executed, have the force and effect of granting, bargaining, transferring and making over to the assignee, his or her heirs, executors,administrators, and assigns, the mortgage deed with the note and debt thereby secured, and allthe right, title and interest of the mortgagee by virtue thereof in and to the estate describedtherein, to have and to hold the mortgage deed with the privileges and appurtenances thereof tothe assignee, his or her heirs, executors, administrators and assigns in as ample manner as theassignor then holds the same, thereby substituting and appointing the assignee and his or herheirs, executors, administrators and assigns as the attorney or attorneys irrevocable of themortgagor under and with all the powers in the mortgage deed granted and contained.
History of Section.
(P.L. 1927, ch. 1056, § 15; G.L. 1938, ch. 436, § 14; G.L. 1956, § 34-11-24.)
Action brought by person claiming through conveyance, devise, or inheritance.
Anyperson or persons claiming title to real estate, or any interest or estate, legal or equitable, in realestate, including any warrantor in any deed or other instrument in the chain of title to the realestate, which title, interest, or estate is based upon, or has come through, a deed, grant,conveyance, devise, or inheritance, purporting to vest in the person or persons or his, her, or theirpredecessors in title the whole title to such real estate, or any fractional part thereof or anyinterest or estate therein, may bring a civil action against all persons claiming, or who may claim,and against all persons appearing to have of record any adverse interest therein, to determine thevalidity of his, her, or their title or estate therein, to remove any cloud thereon, and to affirm andquiet his, her, or their title to the real estate. The action may be brought under the provisions of this section whether the plaintiff may be in or out of possession and whether or not the action