There are several reasons why a person or entity may apply for a variance, which is an exception to a zoning law. To obtain a variance to alter the dimensions of a property, the applicant might have to show that the variance will relieve a hardship based on the land’s unique characteristics. A local ordinance may exclude hardships related to the applicant’s physical or economic disability or the general characteristics of the surrounding area. In these situations, an applicant would have to tie their alleged hardship to the law to argue they should receive a variance. Recently, a Rhode Island ..read more

When a local zoning board grants a permit for a real estate project, the recipient may think they are ready to begin construction. However, receiving a permit might only be the first hurdle to clear. After the board approves your permit application, a local community member may challenge the board’s decision in court. In these circumstances, the recipient must defend the board’s conclusion based on the adequacy of the evidence they used to reach a decision. A recent Rhode Island Superior Court case highlights the circumstances when courts will defer to a zoning board’s decision. According to t ..read more

Boundary disputes can be difficult to resolve. Longtime neighbors often develop close relationships, which can grow complicated when a dispute arises. Physical boundaries like fences and trees can help separate your land from a neighbor’s, but they do not completely settle the issue. Instead, you can look to Rhode Island law to resolve boundary disagreements between you and a neighbor. The law provides various ways that parties can settle their disputes, whether by themselves or with the involvement of third parties. First, Rhode Island law contains guidelines for fences and other property lin ..read more

If a child’s parents do not live together, relocation can pose difficult problems related to custody and visitation. When one parent with primary custody relocates to another state, the move may affect the other parent’s ability to visit the child. In deciding whether to grant or deny a relocation request, Rhode Island courts often determine whether relocation is in the best interests of the child. A recent Rhode Island Supreme Court case shows how courts weigh the child’s best interests when evaluating a relocation request. According to the facts discussed on the court’s decision, a mother so ..read more

Rhode Island matrimonial law generally entitles a divorcing spouse to a portion of the other spouse’s retirement or pension assets that accrued during the marriage. This general rule appears to be straightforward, however, it can be distorted in practice. An especially difficult situation can arise when a spouse remarries after a divorce, and both their ex-spouse and current spouse may have a claim for the benefits. A division of the Rhode Island Superior Court recently decided a case in which a former spouse had sued the widow of a deceased man, seeking retirement benefits to which she was aw ..read more

As one of the first areas of the continent settled by colonists, Rhode Island contains property boundaries that were determined centuries ago, and they may not reflect the boundaries used today. Property boundaries and disputes with neighboring landowners can often lead to complex legal issues that may be difficult to understand and apply to the facts on the ground. One particular legal doctrine that plays a significant role in addressing these disputes is “adverse possession,” which can allow a property owner to assume title to land adjacent to their own if certain requirements are met. Adver ..read more

Rhode Island’s stunning coastline is a treasured resource for both residents and visitors. However, ensuring that everyone has equitable access to these beautiful coastal areas can sometimes be a complex issue. The State of Rhode Island has released public guidelines to explain the interplay between public access rights and the private property rights of coastal landowners. Rhode Island’s legal framework recognizes individual rights when it comes to coastal access. Citizens of Rhode Island have several rights, including fishing from the shore, swimming in the Sea, gathering seaweed, and passin ..read more

Governments worldwide have commonly possessed the power to seize the property of private citizens for various reasons throughout time. In the United States, the Revolutionary War was fought partly because England was using this power arbitrarily to take the property of American colonists. After America gained its independence, Congress ratified the 4th Amendment, which forbade the federal or state governments from seizing private property from citizens and residents without just cause. The government’s power to take private property for just cause is generally referred to today as the power of ..read more

In a recent judicial opinion, the question of property ownership takes center stage as the court delves into the intricacies of water distribution systems and their responsibilities for maintenance and repair. The case at hand revolves around a dispute between an individual property owner, the appellant, and a local utility, the Narragansett Water Department (NWD). The central issue revolves around the ownership of certain water distribution facilities and the associated maintenance and repair obligations. According to the facts discussed in the recently published judicial opinion, the legal d ..read more

Disputes between a business or property owner and a contractor, or even between a general contractor and subcontractors, can derail construction projects and result in costs far exceeding estimations for construction or renovation projects. The Rhode Island Supreme Court recently ruled on an appeal to determine if an architect was entitled to contract damages for work that was never completed. At the heart of this legal dispute lies a contractual agreement between an architectural firm and a restaurant. The restaurant hired an architectural firm to design a construction plan for renovating the ..read more