Rhode Island General Laws
R.I. Gen. Laws § 34-7-4 (2026)
Right of footway denied
✓ current as of July 2026
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No right of footway, except claimed in connection with a right to pass with carriages, shall be acquired by prescription or adverse use for any length of time.
Notes of Decisions
Cited in 4
cases, 1983–2013 · leading case: Gardner v. Baird, 871 A.2d 949 (R.I. 2005).
Gardner v. Baird, 871 A.2d 949 (R.I. 2005). “After defendant moved for summary judgment based on G.L.1956 § 34-7-4, plaintiffs sought and were granted leave to amend their complaint to allege that they had established “ownership interests” in lot No.”
Rhode Island Mobile Sportfishermen, Inc. v. Nope's Island Conservation Ass'n, Inc., 59 A.3d 112 (R.I. 2013). “” He went on to say that “[n]either the case law nor the statute (R.I.G.L. § 34-7-1 regarding adverse possession) appears to distinguish between different modes of use of the easement by prescription.”
Carpenter v. Hanslin, 900 A.2d 1136 (R.I. 2006). “1956 (1969 Reenactment) § 34-7-4 and Daniels v. Blake, 81 R.I. 103 , 99 A.”
Palisades Sales Corp. v. Walsh, 459 A.2d 933 (R.I. 1983). “1956 (1969 Reenactment) § 34-7-4. Therefore, this evidence, as well as additional testimony that there had been some wheeled traffic over the way, undoubtedly was introduced to establish Curry Field Road as a vehicular path.”
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