(a)  No housing restriction, whether presently existing or hereafter created, that is held by a restriction holder shall be unenforceable against an owner or assignee of any real estate subject to the housing restriction because of lack of privity of estate or contract, or lack of benefit to particular land, or on account of any other common law doctrine of property law which might cause the termination of the housing restriction.

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Terms Used In Rhode Island General Laws 34-39.1-4

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10

(b)  This section shall not be construed to imply that restriction, charge, encumbrance, easement, covenant, or condition which is not covered hereunder shall, on account of any provisions hereof, be unenforceable.

(c)  A housing restriction as defined in § 34-39.1-3(a) shall not be subject to the thirty (30) year limitation on restricted covenants provided for in § 34-4-21.

(d)  A housing restriction as defined in subsection 34-39.1-3(a) shall not be subject to any of the limitations on possibilities of reverter and rights of entry or expirations or invalidity of restrictive covenants provided for in § 34-4-19, 34-4-20, 34-4-22, 34-4-23 or 34-4-26.

History of Section.
P.L. 1991, ch. 237, § 1; P.L. 2006, ch. 368, § 4; P.L. 2006, ch. 464, § 4.