(a)  Simultaneously with the recording of the declaration there shall be recorded a standard size, original linen/mylar (21″ X 31″) record of survey map, as defined in § 34-36-3(15), with 6¼” X 1½” recording information block, which map shall be made by a registered land surveyor and shall set forth (1) a description of the surface of the land included within the project, including all angular and linear data along the exterior boundaries of the property; (2) the linear measurement and location, with reference to the exterior boundaries, of the building or buildings located on the property; (3) diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, including its identifying number or symbol, the official datum elevations of the finished or unfinished interior surfaces of the floors and ceilings and the linear measurements of the finished or unfinished interior surfaces of the perimeter walls, and the lateral extensions, of every unit in the building; and (4) a certificate consenting to the recordation of such record of survey map pursuant to this chapter, signed and acknowledged by the record owner of such property. Every unit shall be identified on the record of survey map by a distinguishing number or other symbol.

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Terms Used In Rhode Island General Laws 34-36-13

  • Building: means a building, containing four (4) or more units, or two (2) or more buildings, with a total of four (4) or more units for all the buildings, and comprising a part of the property. See Rhode Island General Laws 34-36-3
  • Declaration: means the instrument by which the property is submitted to the provisions of this chapter, as it from time to time may be lawfully amended. See Rhode Island General Laws 34-36-3
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Property: means and includes the land, the building, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. See Rhode Island General Laws 34-36-3
  • Record of survey map: means a plat or plats of survey of the property and of all units in the property submitted to the provisions of this chapter, which may consist of a three-dimensional, horizontal, and vertical delineation of all such units. See Rhode Island General Laws 34-36-3
  • Unit: means a part of the property intended for any type of independent use, including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building. See Rhode Island General Laws 34-36-3

(b)  In interpreting the record of survey map or any deed or other instrument affecting a building or unit, the boundaries of the building or unit constructed or reconstructed in substantial accordance with the record of survey map shall be conclusively presumed to be the actual boundaries rather than the description expressed in the record of survey map, regardless of the settling or lateral movement of the building and regardless of minor variance between boundaries shown on the record of survey map and those of the building or unit.

History of Section.
P.L. 1963, ch. 181, § 1; P.L. 1992, ch. 319, § 1.