DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Rhode Island

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Rhode Island, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/rhode-island · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkEnforcement is fast: complaint and lis pendens within 40 days after recording the notice of intention.

Rhode Island at a Glance

Topic Rhode Island answer Where it comes from
Notice of intention Mailed to the owner and recorded in land evidence records within 200 days after the work R.I. Gen. Laws § 34-28-4
Lookback The recorded notice covers only work in the 200 days before filing and after R.I. Gen. Laws § 34-28-4
Enforcement Complaint and lis pendens within 40 days after recording the notice of intention R.I. Gen. Laws § 34-28-10
Release Cash or surety bond deposited in court releases the lien R.I. Gen. Laws § 34-28-17
Deed transfer tax $3.75 per $500 (since Oct. 1, 2025), plus an extra $3.75 per $500 on residential value over $824,000 in 2026 (the $800,000 threshold is indexed each year); seller pays unless agreed; controlling interests taxed R.I. Gen. Laws § 44-25-1
Mortgage/indebtedness tax None (no state statute)
Luxury surcharge Another $3.75 per $500 on the part of a residential price over $824,000 (2026 threshold) R.I. Gen. Laws § 44-25-1(b); RI Division of Taxation ADV 2026-01
Future advances Open-end mortgages beat later-recorded liens; optional advances after written notice of a later lien lose priority R.I. Gen. Laws § 34-25-10
Title premium regulation — R.I. Gen. Laws § 27-2.6-16

1. Mechanic's Lien Rules

Plain English

A Rhode Island lien claimant must mail a notice of intention to the owner (registered or certified mail) and record a copy in the city or town land evidence records, both within 200 days after doing the work or furnishing the materials. The recorded notice protects only work done in the 200 days before it was filed and afterward. Then, within 40 days after recording the notice, the claimant must file a complaint in Superior Court and record a notice of lis pendens (the complaint the same day or within 7 days). Miss either step and the lien is void. An owner can release the lien by depositing cash or a surety bond in court.

Key Rules

Notice of intention (R.I. Gen. Laws § 34-28-4). Mail and record within 200 days; 200-day lookback.

Architects and engineers (R.I. Gen. Laws § 34-28-7). Later of 200 days or 10 days after visible commencement.

Complaint and lis pendens (R.I. Gen. Laws § 34-28-10). Within 40 days of recording.

Release by deposit (R.I. Gen. Laws § 34-28-17). Cash or surety bond.

Practice Points

  1. Search land evidence records for notices of intention and lis pendens.
  2. Count 40 days from the notice; no complaint and lis pendens means the lien is void.
  3. Work within the last 200 days is a live risk; get waivers and an owner's affidavit.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Rhode Island deeds are acknowledged and recorded in the land evidence records of the city or town (not the county). The real estate conveyance tax is $3.75 per $500 of consideration (including liens remaining), paid by the grantor unless the parties agree otherwise. For residential sales over the threshold ($824,000 in 2026; it started at $800,000 and is indexed each year), an additional $3.75 per $500 applies to the part above the threshold. Transfers of interests in real estate companies can also be taxed. A conveyance must be in writing, signed, acknowledged, delivered and recorded to be good against third parties without notice, and recording is constructive notice. Rhode Island notaries may notarize for a remotely located signer using communication technology, with identity proofing and an audio-visual recording.

Key Rules

  • Conveyance tax (R.I. Gen. Laws § 44-25-1(a)). $3.75 per $500; grantor pays by default.
  • Residential surcharge (R.I. Gen. Laws § 44-25-1(b)). Over $824,000 in 2026 (indexed yearly).
  • Recording act (R.I. Gen. Laws §§ 34-11-1, 34-13-2). An unrecorded conveyance is valid only between the parties, their heirs, donees and devisees, and those with notice; recording is constructive notice.
  • Remote notarization (R.I. Gen. Laws § 42-30.1-12.1). Allowed by communication technology; the certificate must say so, and the recording is kept at least 10 years.

Practice Points

  1. Record with the city or town, not the county.
  2. Compute the surcharge on residential deals over the current threshold ($824,000 in 2026).
  3. Entity transfers can trigger the tax.

Citations

3. Securing Future Advances

Plain English

Rhode Island's open-end mortgage statute gives the mortgage full priority over mortgages, liens, and encumbrances not recorded before it. But once a later attachment, execution, lis pendens, mortgage, or lien is recorded, optional advances made after the lender receives written notice of it lose priority to it. Obligatory advances and protective payments (taxes, insurance) keep priority. The borrower can also end future advances by certified-mail notice; the lender then gives a recordable stipulation of the balance.

Key Rules

  • Priority (R.I. Gen. Laws § 34-25-10). Optional advances after written notice lose priority.
  • Borrower's termination (R.I. Gen. Laws § 34-25-11). Stipulation of the balance, recorded.

Practice Points

  1. Junior lenders: give the first lender written notice at its designated address.
  2. HELOC payoffs: use the § 34-25-11 stipulation.
  3. Construction loans: confirm advances are obligatory.

Citations

4. Subdivision Statutes and Regulations

Plain English

Rhode Island subdivisions are reviewed under the Land Development and Subdivision Review Enabling Act (R.I. Gen. Laws § 45-23-25 et seq.), and approved final plans and plats are signed by the planning board official and then recorded (§ 45-23-64). The filed Desrochers case shows how a sale of the burdened lot can turn permissive use into hostile use.

Key Rules

  • Subdivision review (R.I. Gen. Laws §§ 45-23-25 to 45-23-74, the "Development Review Act"). Every municipality must have subdivision and land development regulations.
  • Signing and recording (R.I. Gen. Laws § 45-23-64). Approved final plans are signed with the approval date before recording.
  • Permissive use and sales (filed Desrochers v. Micheli).

Practice Points

  1. New lot? Confirm the recorded, approved plan.
  2. Ask about neighbors' use of the land when the servient parcel is sold (filed Desrochers).
  3. Read plan notes.

Citations

5. Title Premium Rates

Plain English

Rhode Island regulates title insurers under the Rhode Island Title Insurers Act (R.I. Gen. Laws ch. 27-2.6): title insurers are monoline, must hold at least $500,000 in capital and $500,000 in surplus, and may not guarantee payment of mortgages. The filed IDC Properties case shows that documented claims handling defeats bad-faith claims when coverage is fairly debatable.

Key Rules

  • Monoline (R.I. Gen. Laws § 27-2.6-6).
  • Capital and surplus (R.I. Gen. Laws § 27-2.6-7).
  • Rate filing (R.I. Gen. Laws § 27-2.6-16). Filed and approved under chapter 44 of title 27.
  • Closing protection (R.I. Gen. Laws § 27-2.6-6(c)). Must be provided with a loan policy on residential property of 1 to 4 units; the fee is filed and approved.

Practice Points

  1. Claims: document every request and response (filed IDC Properties).
  2. No deviations from the approved schedule (§ 27-2.6-16).

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Rhode Island's realty conveyance tax is $3.75 per $500 of price since October 1, 2025. On homes, the part above $824,000 (the 2026 threshold) pays a second $3.75 per $500. The seller pays unless the contract says otherwise. Rhode Island has no mortgage tax.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Rate. $3.75 per $500 (§ 44-25-1(a)), effective Oct. 1, 2025.
  • High-value residential (§ 44-25-1(b)). An additional $3.75 per $500 on the portion over the threshold. The $800,000 threshold is indexed by CPI-U starting Jan. 1, 2026, rounded up to the next $5 and never lowered; the Division of Taxation set it at $824,000 for 2026 (ADV 2026-01).
  • Who pays. The grantor unless otherwise agreed.
  • Real estate companies (§ 44-25-1(a), (e), (f)). A transfer of 50% or more of a real estate company within 3 years makes it an "acquired real estate company" and is taxed; notice goes to the Division of Taxation at least 5 days before (§ 44-25-1(g)).

(b) Mortgage, indebtedness or intangible tax

  • None. Rhode Island has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

  • Recording fees (R.I. Gen. Laws § 34-13-7). Deed $80; mortgage $60; discharge or assignment of mortgage $45; lis pendens $80; plus $1 for each added page.

Practice Points

  1. Worked example. A $1,000,000 home in 2026 (threshold $824,000): $7,500 + $1,320 ($176,000 over, 352 units of $500) = $8,820.
  2. No mortgage tax on loans.

Citations

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