§ 44-9-40. Petition to establish title based on sale without foreclosure.
The holder of a title acquired under § 44-9-36 or 44-9-38 may file in the superior court a petition to establish his or her title by requiring all persons who would have an interest in the land involved, except for either the petitioner’s title or his or her claim of title originating under § 44-9-36 or 44-9-38, to show cause why they should not bring an action to try any claim or claims which they may have adverse to the petitioner’s title arising out of the tax proceedings upon which the title was based. The petition shall set forth on oath the petitioner’s source of title, giving a reference to the place, book, and page of record of the deed under § 44-9-36 or 44-9-38 upon which the petitioner relies, the description of the land involved which appeared in the tax deed upon which the deed under § 44-9-36 or 44-9-38 was based, the names of all persons known to the petitioner, and other facts as may be necessary for the information of the court; but the petitioner need not allege in the petition nor show during the hearing any error or irregularity in the tax proceedings upon which the title depends or any other defect in the title. The petition shall be in the alternative praying that the persons be ordered to show cause why they should not bring action to try the claim or claims or, if the persons do not appear within the time fixed or, having appeared, disobey the lawful order of the court to try their claim or claims, that the court enter a decree that they be forever barred from having or enforcing any claim or claims adversely to the petitioner, his or her heirs or assigns, in the land described (Form 15).
History of Section.G.L. 1938, ch. 32, § 57; P.L. 1946, ch. 1800, § 1; P.L. 1953, ch. 3192, § 2; G.L. 1956, § 44-9-40.
Structure Rhode Island General Laws
Section 44-9-1. - Tax titles on real estate.
Section 44-9-1.1. - Cumberland Hill fire district tax liens.
Section 44-9-2. - Taxes for which particular property liable.
Section 44-9-6. - Primary liability of life estate.
Section 44-9-7. - Advertising and taking or sale of real estate.
Section 44-9-8. - Sale of undivided part or whole of land.
Section 44-9-8.1. - Taking for taxes.
Section 44-9-8.2. - Deed of taking.
Section 44-9-8.3. - Sale of owner-occupied residential property to housing agency.
Section 44-9-9. - Notice and advertisement of sale.
Section 44-9-10. - Notice of sale to taxpayer.
Section 44-9-11. - Notice to mortgagees and other parties in interest.
Section 44-9-12. - Collector’s deed — Rights conveyed to purchaser — Recording.
Section 44-9-13. - Entry by collector not required — Recording of tax sale list.
Section 44-9-13.1. - Tax title holders — Filing required statements.
Section 44-9-14. - Purchase by collector for city or town.
Section 44-9-15. - Recital in deed to city or town.
Section 44-9-16. - Conveyance of several unimproved parcels by single deed — Apportionment of costs.
Section 44-9-17. - Lien for taxes assessed subsequent to sale.
Section 44-9-18. - Management and sale of land purchased by city or town — Assignment of tax title.
Section 44-9-18.2. - Cities and towns — Assignments to redevelopment agencies.
Section 44-9-18.3. - Tiverton — Assignments to the Tiverton land trust.
Section 44-9-18.4. - Westerly — Assignments to the Westerly land trust.
Section 44-9-19. - Right of redemption from city or town.
Section 44-9-20. - City or town treasurer’s release.
Section 44-9-21. - Redemption from purchaser other than city or town.
Section 44-9-22. - Proceedings as to low value lands unaffected by redemption provisions.
Section 44-9-23. - Certificate of redemption money paid to treasurer.
Section 44-9-24. - Title absolute after foreclosure of redemption — Jurisdiction of proceedings.
Section 44-9-25. - Petition for foreclosure of redemption.
Section 44-9-25.1. - Foreclosure of the rights of redemption on account of abandonment.
Section 44-9-25.3. - Expedited foreclosure of the rights of redemption on account of vacancy.
Section 44-9-26. - Deposit by petitioner to cover costs.
Section 44-9-27. - Examination of title — Notice to interested parties of foreclosure petition.
Section 44-9-28. - Order as to parties in default.
Section 44-9-29. - Redemption by party to foreclosure proceedings.
Section 44-9-30. - Decree barring redemption.
Section 44-9-31. - Contest of validity of tax title.
Section 44-9-32. - Recording of notices of foreclosure petition and final disposition.
Section 44-9-33. - Practice following course of equity.
Section 44-9-34. - Holding and disposition of land foreclosed by city or town.
Section 44-9-35. - Errors and irregularities in proceedings.
Section 44-9-36. - Sale by city or town treasurer without foreclosure.
Section 44-9-37. - Surplus proceeds from sale without foreclosure.
Section 44-9-38. - Purchase by city or town at sale without foreclosure.
Section 44-9-39. - Bar of persons notified of sale without foreclosure.
Section 44-9-40. - Petition to establish title based on sale without foreclosure.
Section 44-9-41. - Notice of petition to establish title.
Section 44-9-42. - Decree on petition to establish title.
Section 44-9-44. - Recording of notices in proceeding to establish title.
Section 44-9-45. - Jurisdiction of proceedings to establish title — Practice and procedure.
Section 44-9-47. - Definitions.
Section 44-9-48. - Lien — Perfection — Priority.
Section 44-9-49. - Notice of lien — Taxpayer.
Section 44-9-50. - Notice of lien — Secretary of state.
Section 44-9-51. - Notice to taxpayer — After lien has been perfected.
Section 44-9-52. - Effective period of lien — Limitation period.
Section 44-9-53. - Rights and remedies of municipality and taxpayer.