In late June, 2023, a new law gave members of the public the right to access private beaches up to ten feet above the “recognizable high tide line.” In 2024, legislation was filed to require sellers to notify buyers of the public’s shoreline access rights to make sure that new owners are aware of the law and do not interfere with these rights.
On June 17, 2024, Governor McKee signed H7376A and it went into effect immediately. The law requires sellers of vacant land or land with 1 – 4 dwelling units to provide the following information to potential buyers:
▪Mandatory disclosure: A seller must provide a written disclosure to prospective buyers RIAR Forms Committee that includes this and additional mandatory language about shoreline access. The RIAR Forms Committee is in the process of updating the RI Real Estate Sales Disclosure forms to comply. Part of the language is included below:
Shoreline Access - Members of the public shall have the right to access shoreline property as defined in § 5-20.8-1. The public's rights and privileges of the shore may be exercised, where shore exists, on wet sand or dry sand or rocky beach, up to ten feet (10') landward of the "recognizable high tide line" subject to the restrictions governed by § 46-23-26 and any general laws to the contrary. The seller of the real estate is required to notify the buyer of any public rights of way on the real estate that are known to the seller.
The buyer is advised to contact the Coastal Management Resources Council, the municipality or applicable nonprofit organizations to determine whether any public rights of way exist.
▪Rights of Way/Public Access: A seller shall provide the buyer with a copy of any documentation in the seller’s possession that shows that rights of way or conditions of public access.
▪CRMC Permits: A seller shall provide the buyer with a copy of any permits relating to the real estate that were issued by the Coastal Management Resources Council and that are in the seller's possession.
For more information, please contact the RIAR Legal Department at 401-432-6945 or email [email protected].