Arthur W. Beauregard v. Charles E. (Rex) Gouin
2013 R.I. LEXIS 90
R.I.2013Background
- Beauregard owns an undeveloped parcel on Umbrella Way in Lincoln; codefendants own multiple parcels and control Umbrella Way, a private right of way.
- Codefendants hired attorney Brule to handle the dispute and to address potential adverse-possession claims by neighbors.
- Brule prepared and recorded a Notice of Intent under G.L. 1956 § 34-7-6 asserting codefendants’ rights to their own land.
- Beauregard alleged slander of title and intentional interference with prospective advantage based on the recorded Notice of Intent.
- Lower court granted summary judgment for the attorney defendants, holding no malice and no harm to Beauregard’s title; the Supreme Court affirmed.
- Issue on appeal is whether the notice can support Beauregard’s claims and whether summary judgment was proper despite potential collateral effects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can a Notice of Intent under § 34-7-6 support slander of title claim? | Beauregard argues notice contaminates his title. | Defendants contend notice targets their own property rights, not Beauregard’s title. | No; notice did not allege false statements about Beauregard’s ownership. |
| Does recording a notice of intent constitute an actionable interference with Beauregard's property? | Notice indirectly clouds Beauregard’s development plans. | Notice was a legitimate, statutory mechanism to interrupt adverse possession. | Not actionable; act was a good-faith assertion of a colorable property interest. |
| Was there malice or improper act required for slander of title or interference claims? | Malice should be shown to prove slander of title. | If no false statement about Beauregard’s title, malice is moot. | Summary judgment affirmed on grounds of lack of false statement and lack of improper interference. |
Key Cases Cited
- Corrigan v. Nanian, 950 A.2d 1179 (R.I. 2008) (adverse possession elements and interruptions)
- Cahill v. Morrow, 11 A.3d 82 (R.I. 2011) (adverse possession framework in Rhode Island)
- Arnold Road Realty Associates, LLC v. Tiogue Fire District, 873 A.2d 119 (R.I. 2005) (slander of title elements and damages)
- Lavoie v. North East Knitting, Inc., 918 A.2d 225 (R.I. 2007) (summary judgment standard and essential-element proof)
- Louttit v. Alexander, 44 R.I. 257 (R.I. 1922) (cloud on title distinctions for notices of intent)
- Belliveau Building Corp. v. O’Coin, 763 A.2d 622 (R.I. 2000) (privilege of colorable property interests when properly communicated)
- Avilla v. Newport Grand Jai Alai LLC, 935 A.2d 91 (R.I. 2007) (elements of intentional interference with prospective advantage)
- Keystone Elevator Co. v. Johnson & Wales University, 850 A.2d 912 (R.I. 2004) (slander and ownership of real property require false statements)