§ 34-13.1-3 - Interest to which title is subject.
SECTION 34-13.1-3
§ 34-13.1-3 Interest to which title issubject. – Such marketable record title is subject to: (1) All interest and defects whichare created by or arise out of the muniments of which the chain of record titleis formed; provided a general reference in the muniments, or any of them, toeasements, use restriction, encumbrances or other interests created prior tothe root of title are not sufficient to preserve them, unless specificidentification is made therein of a recorded title transaction which createsthe easement, use restriction, encumbrance or other interest; (2) all interestspreserved by the recording of proper notice or by possession by the same ownercontinuously for a period of forty (40) years or more, in accordance with§ 34-13.1-5; (3) the rights of any person arising from a period of adversepossession or use, which was in whole or in part subsequent to the effectivedate of the root of title; (4) any interest arising out of a title transactionwhich has been recorded subsequent to the effective date of the root of titlefrom which the unbroken chain of title of record started; provided suchrecording shall not revive or give validity to any interest which has beenextinguished prior to the time of the recording by the operation of §34-13.1-4; (5) the exceptions stated in § 34-13.1-17 as to rights ofreversioners in leases, as to apparent easements and interests in the nature ofeasements, and as to interests of the United States, this state and politicalsubdivisions thereof, public service companies and natural gas companies; and(6) the rights or interests arising out of any conservation or preservationrestriction and or easement, created either: (i) if executed and recordedsubsequent to the effective date of chapter 39 of this title entitled"Conservation and Preservation Restrictions on Real Property", any conservationor preservation easement or restriction granted or reserved in accordance withand pursuant to the terms and provisions thereof; or (ii) if executed andrecorded prior to the effective date of chapter 39 of this title, aconservation and/or preservation easement or restriction granted or reservedfor the same, or substantially the same, stated purposes as those set forth in§ 34-39-2, although executed and recorded prior thereto, and which is heldby a entity duly recognized in chapter 39 of this title to hold suchrestrictions and/or easements.