Every conveyance of lands, tenements or hereditament absolutely, by way of mortgage,
or on condition, use or trust, for any term longer than one year, and all declarations
of trusts concerning the conveyance, shall be void unless made in writing duly signed,
acknowledged as hereinafter provided, delivered, and recorded in the records of land
evidence in the town or city where the lands, tenements or hereditaments are situated;
provided, however, that the conveyance, if delivered, as between the parties and their
heirs, and as against those taking by gift or devise, or those having notice thereof,
shall be valid and binding though not acknowledged or recorded. A lease for the term
of one year or less shall be valid although made by parol. Leases for terms of more
than one year may be recorded with a memorandum of lease in writing rather than the
original lease; provided, however, that the memorandum shall contain the names of
the parties to be charged, a description of the real estate, the duration of the lease,
including renewal options and purchase options.
Notes of Decisions
Cited in
27
cases (
1 in the last 5 years), 1958–2022 · leading case:
Carrozza v. Carrozza, 944 A.2d 161 (R.I. 2008).
Carrozza v. Carrozza, 944 A.2d 161 (R.I. 2008).
· cites it 7× “In examining the validity of a conveyance of real property, we look to G.L. 1956 § 34-11-1, which sets forth the requirements for every land conveyance.”
Grady v. Narragansett Elec. Co., 962 A.2d 34 (R.I. 2009).
· cites it 2× “1983); see also G.L. 1956 § 34-11-1 (“Every conveyance of lands, tenements or hereditament absolutely, by way of mortgage, or on condition * * * shall be void unless made in writing duly signed * * * delivered, and recorded in the records of land evidence in the town or city * *…”
Lister v. Bank of Am., N.A., 8 F. Supp. 3d 74 (D.R.I. 2014).
· cites it 6× “Laws § 34-11-1 provides that a mortgage “shall be void unless made in writing duly signed, acknowledged as hereinafter provided, delivered, and recorded in the records of land evidence in the town or city where the lands, tenements or hereditaments are situated.”
Michael Moura v. Mortg. Elec. Reg. Sys., Inc., 90 A.3d 852 (R.I. 2014).
· cites it 2× “” The trial justice made a similar conclusion and also aptly noted that under G.L.1956 § 34-11-1, a conveyance of lands by way of mortgage that is delivered is nonetheless valid and binding even if not acknowledged or recorded.”
Duffy v. Dwyer, 847 A.2d 266 (R.I. 2004).
· cites it 2× “1996) (citing G.L.1956 § 34-11-1, G.L.1956 §§ 34-12-1 and 34-12-2).”
In re Burns, 183 B.R. 670 (Bankr. D.R.I. 1995).
· cites it 6× “shall be void unless made in writing duly signed, acknowledged as hereinafter provided, delivered, and recorded in the records of land evidence in the town or city where the lands, tenements or hereditaments are situated.”
Town of Johnston v. MERSCORP, Inc., 950 F. Supp. 2d 379 (D.R.I. 2013).
· cites it 13× “The Town focuses on three statutes to support its argument that recording of mortgages and mortgage assignments is mandatory in Rhode Island — R.I. Gen. Laws §§ 34-11-1, 34-11-4, and 34-13-1(7).”
Summers v. Fin. Freedom Acquisition LLC, 807 F.3d 351 (1st Cir. 2015).
“See R.I. Gen. Laws § 34-11-1. It is not necessary that the mortgage and the note that it secures be held by the same entity.”
In re Barnacle, 623 A.2d 445 (R.I. 1993).
“General Laws 1956 (1984 Reenactment) § 34-11-1 provides that "[e]very conveyance of lands * * * by way of mortgage * * * shall be void unless made in writing duly signed, acknowledged as hereinafter provided, delivered, and recorded * * * Provided, however, That the same, if…”
United States v. Lombardi, 924 F. Supp. 361 (D.R.I. 1996).
· cites it 3× “G.L. § 34-11-1; see also R.I.G.L. § 34-12-1 and R.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.