H 8107Land Use

Property - By Possession and Prescription

This bill removes a law that prevented people from gaining a legal right to walk across private property through long-term use.

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Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation repeals a specific section of Rhode Island General Law regarding property rights known as the "right of footway." Previously, the law stated that a person could not acquire a legal right to walk across another person's private property (an easement) simply through long-term use, unless they also had a right to drive a carriage or vehicle there. By repealing this statute, the bill removes the prohibition, meaning it may now be possible for individuals to establish a legal right to use a footpath across private land based on continuous, long-term use.

For younger readers

Imagine there is a shortcut across a neighbor’s big yard that people have walked on for a very long time. There used to be a rule saying that just walking there for years didn't give anyone the permanent right to keep doing it. This bill takes away that rule. Now, if people walk on a path for a long enough time without being stopped, they might be allowed to keep using that path forever, even if the owner doesn't want them to anymore.

Who & Where It Applies

Impacted groups

Property ownersHikers and walkersReal estate attorneysTitle insurance companiesLand trusts

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Expands public access to land and potentially the shoreline by allowing communities to establish legal rights to use historical walking paths that cross private property.
Prioritizes long-standing community usage and the "right to roam" over strict, exclusionary private property rights, benefitting residents who rely on walking routes.
Removes an antiquated legal barrier that disproportionately favored landowners over the general public's ability to access nature and navigate their neighborhoods.
May lead to increased litigation between wealthy landowners and community members, potentially draining resources from residents who cannot afford legal battles to prove their rights.
Could encourage property owners to preemptively fence off open spaces and strictly police boundaries to prevent public rights from establishing, resulting in less immediate access.
Might negatively impact small-time property owners or lower-income homeowners who could lose exclusive control over parts of their land due to neighbor usage.

For Conservatives

Aligns the laws regarding footways with broader common law principles of adverse possession, creating a more consistent legal standard across different types of property usage.
Simplifies the state legal code by eliminating a specific statutory exception, theoretically reducing government micromanagement of property disputes.
Encourages landowners to be vigilant and active in managing their property boundaries and asserting their rights, rather than relying on a statutory crutch.
Erodes fundamental private property rights by allowing non-owners to gain legal interests in land simply by trespassing over a period of time.
Undermines the security of land ownership and could negatively affect property values by creating uncertainty regarding public access easements.
Disrespects the concept of exclusive ownership by effectively rewarding those who use another's land without permission.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 3 deletions

SECTION 1. Section 34-7-4 of the General Laws in Chapter 34-7 entitled "By Possession and Prescription" is hereby repealed. ~~34-7-4. Right of footway denied.~~ ~~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.~~

SECTION 2. This act shall take effect upon passage.