Mechanics Lien Release

MECHANICS' LIEN RELEASE

State of Rhode Island

Pursuant to R.I. Gen. Laws Chapter 34-28

TABLE OF CONTENTS

1. Full Release of Mechanics' Lien
2. Partial Release of Mechanics' Lien
3. Release by Surety Bond
4. Demand for Release of Mechanics' Lien
5. Petition to Discharge Mechanics' Lien
6. Recording Instructions
7. Statutory Reference Table
8. Practitioner Notes

1. FULL RELEASE OF MECHANICS' LIEN

RELEASE AND DISCHARGE OF MECHANICS' LIEN

Recording Requested By:
[________________________________]

When Recorded, Return To:
[________________________________]
[________________________________]
[________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

Lien Claimant Information:

Property Owner Information:

Property Description:

Original Lien Information:

Release Declaration:

The undersigned Lien Claimant, for and in consideration of the sum of $[________________________________] ("Release Amount"), receipt of which is hereby acknowledged, does hereby fully, finally, and unconditionally release, discharge, and satisfy the mechanics' lien described above, recorded in the land evidence records of the City/Town of [________________________________], Rhode Island.

This release covers all amounts claimed under the above-referenced notice of intention for labor, services, materials, and/or equipment furnished in connection with the improvement of the above-described property.

The Claimant warrants that:

☐ The Claimant is the original lien claimant or authorized assignee
☐ The lien has not been previously assigned or transferred
☐ No other person or entity has any interest in the lien claim
☐ Full payment of $[________________________________] has been received

The Claimant authorizes and directs the City/Town Clerk of [________________________________] to record this Release and to note the same in the margin of the original notice of intention.

IN WITNESS WHEREOF, the undersigned has executed this Release on [__/__/____].

LIEN CLAIMANT:

Signature: ______________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

If Claimant is an Entity:

Entity Name: [________________________________]
By: ______________________________
Name: [________________________________]
Title: [________________________________]

ACKNOWLEDGMENT

State of Rhode Island
County of [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public: ______________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

2. PARTIAL RELEASE OF MECHANICS' LIEN

PARTIAL RELEASE AND REDUCTION OF MECHANICS' LIEN

Recording Requested By:
[________________________________]

When Recorded, Return To:
[________________________________]
[________________________________]

Lien Claimant: [________________________________]
Property Owner: [________________________________]
Property Address: [________________________________], Rhode Island

Original Lien Information:

Partial Release Declaration:

The undersigned Lien Claimant, in consideration of the partial payment of $[________________________________], receipt of which is hereby acknowledged, does hereby release and discharge a portion of the mechanics' lien described above.

Lien Reduction Summary:

The remaining lien amount of $[________________________________] continues to encumber the above-described property and remains in full force and effect.

Reason for Partial Release:

☐ Partial payment received for completed phases of work
☐ Disputed portion resolved; remaining amount contested
☐ Release of specific parcels (if lien covers multiple properties)
☐ Court-ordered partial release
☐ Other: [________________________________]

If releasing specific parcels only, identify released parcels:
[________________________________]
[________________________________]

IN WITNESS WHEREOF, the undersigned has executed this Partial Release on [__/__/____].

Signature: ______________________________
Printed Name: [________________________________]
Title: [________________________________]

ACKNOWLEDGMENT

State of Rhode Island
County of [________________________________]

On this [____] day of [________________], 20[____], before me personally appeared [________________________________], known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same.

Notary Public: ______________________________
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

3. RELEASE BY SURETY BOND

Petition for Release of Mechanics' Lien by Surety Bond

Pursuant to R.I. Gen. Laws 34-28-17 and 34-28-17.1

IN THE SUPERIOR COURT OF THE STATE OF RHODE ISLAND
[________________________________] COUNTY

PETITION FOR RELEASE OF MECHANICS' LIEN UPON DEPOSIT OF SURETY BOND

The Petitioner, [________________________________], respectfully represents to this Court:

1. The Lien Claimant, [________________________________], recorded a notice of intention to claim a mechanics' lien against the Petitioner's property on [__/__/____], in Book [____], Page [____], of the land evidence records of [________________________________].

2. The property affected by the lien is located at [________________________________], Rhode Island.

3. The total amount claimed in the notice of intention is $[________________________________].

4. Pursuant to R.I. Gen. Laws 34-28-17, the Petitioner desires to deposit with this Court a surety bond in the amount sufficient to discharge said lien.

5. The bond amount covers the total amount of the notice of intention, including all accounts and demands of persons claiming liens therein, plus costs, interest at the statutory rate, and reasonable attorney's fees of the lien holder.

Bond Amount Calculation:

6. The surety bond is issued by [________________________________], a surety company duly licensed to do business in the State of Rhode Island.

WHEREFORE, the Petitioner respectfully requests that this Court:

(a) Accept the attached surety bond;
(b) Enter an order discharging the notice of intention and any lis pendens;
(c) Release the Petitioner's property from the mechanics' lien; and
(d) Grant such other relief as the Court deems just and proper.

Respectfully submitted,

______________________________
Attorney for Petitioner
[________________________________]
[________________________________]
R.I. Bar No. [________________________________]

SURETY BOND FOR RELEASE OF MECHANICS' LIEN

Bond No.: [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

That we, [________________________________] ("Principal"), and [________________________________] ("Surety"), a corporation duly organized and licensed to do business in the State of Rhode Island, are held and firmly bound unto [________________________________] ("Obligee/Lien Claimant"), in the sum of $[________________________________], for which payment we bind ourselves, our heirs, executors, administrators, successors, and assigns.

CONDITION OF THIS BOND:

WHEREAS, the Obligee has recorded a notice of intention to claim a mechanics' lien against property owned by the Principal, located at [________________________________], Rhode Island; and

WHEREAS, the Principal desires to have the property released from said lien pursuant to R.I. Gen. Laws 34-28-17;

NOW, THEREFORE, if the Principal shall pay any judgment rendered in favor of the Obligee in any action to enforce the mechanics' lien claim, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

Principal: ______________________________
Surety: ______________________________

Date: [__/__/____]

[SURETY SEAL]

Surety Agent:
Name: [________________________________]
Address: [________________________________]
License No.: [________________________________]

4. DEMAND FOR RELEASE OF MECHANICS' LIEN

[Claimant/Owner Letterhead]

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[________________________________]
[________________________________]
[________________________________]

RE: DEMAND FOR RELEASE OF MECHANICS' LIEN
Property: [________________________________], Rhode Island
Lien Recording: Book [____], Page [____], [________________________________] Land Evidence Records
Date of Recording: [__/__/____]

Dear [________________________________]:

I write on behalf of [________________________________] ("Property Owner") to demand the immediate release of the mechanics' lien you recorded against the above-referenced property.

Basis for Demand:

☐ Full Payment Made. The Property Owner has paid the lien claimant the full amount claimed under the notice of intention in the sum of $[________________________________]. Payment was made on [__/__/____] by [________________________________] (check/wire/other). Despite receiving full payment, you have failed to release the mechanics' lien.

☐ Lien Has Expired. The lien claimant failed to commence an action to enforce the lien within the time required under R.I. Gen. Laws 34-28-16. The notice of intention was recorded on [__/__/____], and no enforcement action has been filed within the statutory period. The lien is therefore unenforceable and must be released.

☐ Lien Was Improperly Filed. The notice of intention was defective because: [________________________________].

☐ Other Basis: [________________________________]

Demand:

You are hereby demanded to execute and deliver a release of the above-referenced mechanics' lien within ten (10) days of receipt of this letter. The release should be in recordable form and delivered to the undersigned at the address above.

Consequences of Failure to Release:

If you fail to release the lien within the time specified, the Property Owner will:

1. File a petition in the Rhode Island Superior Court to compel discharge of the lien;
2. Seek recovery of all costs and attorney's fees incurred; and
3. Pursue all other remedies available under Rhode Island law.

Please govern yourself accordingly.

Sincerely,

______________________________
[________________________________]
[________________________________]
Phone: [________________________________]

cc: [________________________________] (Attorney for Property Owner)

5. PETITION TO DISCHARGE MECHANICS' LIEN

Petition to Compel Release of Mechanics' Lien

Pursuant to R.I. Gen. Laws 34-28-17

IN THE SUPERIOR COURT OF THE STATE OF RHODE ISLAND
[________________________________] COUNTY

PETITION TO COMPEL DISCHARGE OF MECHANICS' LIEN

The Petitioner, [________________________________], by and through undersigned counsel, respectfully petitions this Court to order the discharge of a mechanics' lien and states as follows:

I. PARTIES

1. Petitioner [________________________________] is the owner of real property located at [________________________________], Rhode Island.

2. Respondent [________________________________] is the party who recorded a notice of intention to claim a mechanics' lien against the Petitioner's property.

II. FACTUAL BACKGROUND

3. On or about [__/__/____], Respondent recorded a notice of intention to claim a mechanics' lien in the land evidence records of [________________________________], Rhode Island, at Book [____], Page [____].

4. The notice of intention claims a lien in the amount of $[________________________________] for labor, services, and/or materials furnished to the property.

5. The lien should be discharged because (select all that apply):

☐ The claim has been paid in full. Payment of $[________________________________] was made on [__/__/____].
☐ The Respondent failed to commence an enforcement action within the time required by R.I. Gen. Laws 34-28-16.
☐ The notice of intention was not filed within the time and manner required by R.I. Gen. Laws 34-28-4.
☐ The Petitioner has deposited sufficient cash or bond with the Court pursuant to R.I. Gen. Laws 34-28-17.
☐ The lien is otherwise invalid because: [________________________________]

III. LEGAL BASIS

6. Under R.I. Gen. Laws 34-28-17, the owner of property may pay into the registry of the court cash equal to the total amount of the notice of intention, including costs, interest at the statutory rate, and reasonable attorney's fees, or may deposit a surety bond in such amount.

7. Upon proof of proper payment or deposit, this Court may, by ex parte order, discharge the notice of intention and any lis pendens.

IV. RELIEF REQUESTED

WHEREFORE, the Petitioner respectfully requests that this Court:

(a) Accept the deposit or bond tendered by Petitioner (if applicable);
(b) Enter an order discharging the mechanics' lien recorded at Book [____], Page [____];
(c) Direct the City/Town Clerk of [________________________________] to note the discharge in the land evidence records;
(d) Award Petitioner reasonable costs and attorney's fees; and
(e) Grant such other and further relief as this Court deems just and equitable.

Respectfully submitted,

______________________________
Attorney for Petitioner
[________________________________]
R.I. Bar No. [________________________________]
[________________________________]
[________________________________]
Phone: [________________________________]

VERIFICATION

I, [________________________________], being duly sworn, state that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information, and belief.

______________________________
Petitioner

Subscribed and sworn to before me this [____] day of [________________], 20[____].

______________________________
Notary Public
My Commission Expires: [__/__/____]

6. RECORDING INSTRUCTIONS

Rhode Island Lien Release Recording Guide

Recording Office: City/Town Clerk's Office (Rhode Island uses a town-based land evidence recording system)

Rhode Island Town Clerk Offices (by County):

Recording Requirements:

☐ Original signed release (or certified copy)
☐ Notarized acknowledgment
☐ Recording fee (verify current fee with the applicable town clerk)
☐ Reference to original lien recording (Book/Page)
☐ Legal description or assessor's reference matching the original notice of intention
☐ Return address on the document

Document Format Requirements:

• Paper size: 8.5" x 11" (preferred) or 8.5" x 14"
• Margins: Minimum 1" on all sides; 3" top margin on first page for recorder's use
• Ink: Black ink for signatures
• Font: Legible, minimum 10-point type
• Original signatures required (no photocopies)

Important Notes:

• Rhode Island records liens and releases at the town/city level, NOT the county level
• The release must reference the exact Book and Page of the original notice of intention
• File the release in the same town/city office where the original notice was recorded
• Request a certified copy of the recorded release for your files

7. STATUTORY REFERENCE TABLE

Rhode Island Mechanics' Lien Statutes and Deadlines

Key Deadlines Summary

Penalties for Failure to Release

8. PRACTITIONER NOTES

Rhode Island-Specific Considerations

Town-Based Recording System:
Rhode Island is unique in that land records are maintained at the city/town level rather than the county level. There are 39 cities and towns in Rhode Island, each with its own clerk's office. The release must be filed with the same town/city clerk where the original notice of intention was recorded.

Notice of Intention System:
Rhode Island uses a "notice of intention" system rather than a direct lien recording. The lien claimant must file a notice of intention within 200 days of last furnishing labor or materials. The lien does not become perfected until this notice is filed. Releases must reference this notice.

Short Enforcement Window:
Rhode Island has one of the shortest enforcement windows in the nation. The lien claimant must commence an action to enforce the lien within 40 days after filing the notice of intention. If the enforcement action is not commenced within this period, the lien expires by operation of law, and the owner should seek a court order for discharge.

Surety Bond Release (RIGL 34-28-17):
The owner or other interested party may deposit cash or a surety bond at any time after the recording of the notice of intention. The bond must cover:

• The total amount of the notice of intention
• All accounts and demands of all persons claiming liens
• Costs of any pending action
• Interest at the statutory rate
• Reasonable attorney's fees of the lien holder

Upon proper deposit and motion, any Superior Court justice may enter an ex parte order discharging the notice of intention and any lis pendens.

Superior Court Jurisdiction:
All mechanics' lien enforcement and discharge proceedings are brought in the Rhode Island Superior Court for the county where the property is located.

Residential Property Considerations:
Special notice requirements exist under RIGL 34-28-4.1 for residential properties. Practitioners should verify that the original lien complied with residential notice requirements before filing a release, as non-compliance may render the underlying lien invalid.

Priority Issues:
Rhode Island mechanics' liens are "prior and preferred" to all other liens except for taxes and prior recorded mortgages. This priority status terminates upon proper release.

This template is provided for informational purposes only and does not constitute legal advice. Consult a qualified Rhode Island attorney before use. Laws and procedures are subject to change; verify all statutory citations against current law.

Last Updated: 2026-03-05