(a)  In all actions for partition, whenever the circumstances in the opinion of the court require that the land to be divided should be platted into lots and certain portions of land laid out for streets or gangways for the convenience of the lots, the decree may authorize the commissioners to take that course subject to the approval of the court on the return of their report.

Terms Used In Rhode Island General Laws 34-15-29

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Trustee: A person or institution holding and administering property in trust.

(b)  The action described in subsection (a) shall not be taken unless all the parties to the proceedings consent; provided that:

(1)  If any party is an infant or person non compos mentis, the consent of the guardian ad litem of such infant or non compos shall be sufficient;

(2)  If any party is a trustee, the consent of that trustee shall be sufficient to bind the trust estate; and

(3)  Any party in interest, being a married woman, shall have the right to consent as if sole and unmarried.

History of Section.
G.L. 1896, ch. 265, § 31; G.L. 1909, ch. 330, § 30; G.L. 1923, ch. 381, § 30; G.L. 1938, ch. 586, § 30; G.L. 1956, § 34-15-30.