(c) Nothing in subsection (b) precludes the use of any other legal form of execution of deed or other conveyance of real property.
(1949 Rev., S. 7085; P.A. 75-309, S. 3; P.A. 79-602, S. 1; P.A. 87-265; P.A. 96-77, S. 16.)
History: P.A. 75-309 made grantor's seal optional rather than mandatory, specified that duly authorized person may subscribe to conveyance where grantor is a corporation or partnership and deleted detailed listing of persons before whom acknowledgment may be made, but see Sec. 47-5a; P.A. 79-602 restated provisions and added Subdiv. indicators; P.A. 87-265 added Subsec. (b) re form for execution of deed or other conveyance of real property pursuant to a power of attorney and Subsec. (c) re use of other legal forms of deed execution or property conveyance; P.A. 96-77 amended Subsec. (a) to add "limited liability company" in Subdiv. (2).
See chapter 821a re forms of deeds and mortgages.
When an unacknowledged deed is admissible in evidence. 3 D. 500; 3 C. 398. What defect in certificate of acknowledgment is fatal. 2 C. 527; 3 C. 406; 11 C. 129. Whether a deed attested by only one witness was valid under the colony laws of 1672. 3 C. 35. The acknowledgment cannot be proved by parol. 3 C. 406; 11 C. 129. When chancery will supply defects in attestation. 4 C. 344; 5 C. 468; 8 C. 549. Cancellation of a deed, duly executed and delivered, does not revest the title. 4 C. 550; 5 C. 86, 262. Record of deed, defectively attested, not constructive notice. 5 C. 468; 87 C. 369. General agent of manufacturing company cannot execute deed of company's real estate. 7 C. 214. In equity an absolute deed can by parol be proved to be a mortgage. 72 C. 720; 74 C. 252; 79 C. 340; 85 C. 46; 89 C. 178; 93 C. 66. Material alteration makes a new attestation necessary. 8 C. 289. Corporation may by vote, without power of attorney, empower agent to convey its real estate; such agent must affix corporate seal to deed. 8 C. 191; 27 C. 538. Signature must be made by party's own hand. 13 C. 192. Vote of corporation authorizing execution of deed need not be under corporate seal nor recorded with deed. 14 C. 594. Witnesses must be disinterested 26 C. 195. "Personally appeared ... signer and sealer," etc., when a sufficient acknowledgment. 30 C. 344. Unsigned recorded mortgage absolutely void. 44 C. 321. Acknowledgment taken by agent of grantee. 77 C. 276. Deed conveys title but does not purport to express agreement of parties; counterclaim for deficiency in acreage. 97 C. 350. Delivery and acceptance necessary; leaving with maker's own attorney is inoperative where no instructions given; requisites for valid gift inter vivos. Id., 483. Applies, by reference, to chattel mortgages. 105 C. 772. Effect of validating acts. 109 C. 312. The attestation clause of a deed which is in the possession of the grantee is prima facie proof of delivery. 146 C. 307. In proceeding to set aside a conveyance, the burden of proof on issue of undue influence rests on the one alleging it except when it appears that a stranger, holding toward the grantor a relationship of trust and confidence, is the principal beneficiary to the exclusion of others who are the natural objects of grantor's bounty. 147 C. 474. Agreement to divide money representing income from property or proceeds from its sale was a contract and not a conveyance of land and it was not necessary it be executed in accordance with this section. 156 C. 12. Cited. 207 C. 555, 561 Cited. 218 C. 512, 519, 522. Cited. 232 C. 645, 656.
Cited. 5 CA 435. Cited. 31 CA 1, 3, 11. Section does not indicate that a flaw in the instrument or its recordation would make it inadmissible as evidence. 51 CA 733. When read together with Sec. 47-10, indicates that only when a natural person attempts to convey property through a power of attorney must the instrument creating the power be filed with the conveyance, or have been previously filed, to have legal effect. Id.
A restrictive covenant and zoning restrictions are two entirely separate and unrelated limitations on the use of property. Where the deeds to all the lots sold under a general development scheme contain the same restrictive covenants, each grantee is entitled to enforce them in the absence of conduct on his part constituting laches, waiver or abandonment. 22 CS 235. Where an owner of land causes a map to be made of it showing separate lots, and parks or other open areas and then sells the lots, referring in his conveyances to the map, the lot owners acquire the right to have the parks thereafter kept open for use in connection with their lands. 22 CS 499. A purchase of property in the name of a husband by money supplied by his wife raises a rebuttable presumption of a gift. 23 CS 1. Restrictive covenants are to be narrowly construed and are not to be extended by implication. 23 CS 89. Cited. 23 CS 298. A reservation or other restriction in a deed is the proper subject of an action for a declaratory judgment. 23 CS 486. Reservation should be construed so as to confer a practical right and will include by implication that which is necessary to the reasonable enjoyment of the thing reserved, so long as it is not contrary to ascertained intent of parties. Id. Cited. 30 CS 56. Cited. 41 CS 225, 227.
Subsec. (a):
Cited. 221 C. 77, 79.
Cited. 38 CA 639, 642.

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Sec. 47-5a. Persons before whom acknowledgment may be made. If the acknowledgment in a conveyance of real estate is made in this state, it may be made before a judge of a court of record of this state or of the United States, a clerk of the Superior Court, a justice of the peace, a commissioner of the Superior Court, a notary public, either with or without his official seal, a town clerk or an assistant town clerk; and, if in any other state or territory of the United States, before a commissioner residing in such other state or territory appointed by the Governor of Connecticut, or an officer authorized to take the acknowledgment of deeds in such state or territory; and, if in a foreign country, before any ambassador, minister, charge d'affaires, consul, vice-consul, deputy-consul, consul-general, vice-consul-general, deputy-consul-general, consular- agent, vice-consular-agent, commercial agent or vice-commercial agent of the United States, representing or acting as agent of the United States in such foreign country, or before any notary public or justice of the peace, or before any other public officer, in such foreign country, before whom oaths or acknowledgments may be given; but no officer shall have power to take such acknowledgment, except within the territorial limits in which he may perform the duties of his office. The authentication of the signature and qualification of the acknowledging officer on any instrument executed out of this state may conform either to the provisions of chapter 6 or to section 47-7.
(P.A. 75-309, S. 4; P.A. 76-436, S. 646, 681; P.A. 79-602, S. 2.)
History: P.A. 76-436 removed clerk of common pleas court as person before whom acknowledgment may be made in this state, that court having been abolished in the act, effective July 1, 1978; P.A. 79-602 made minor changes in wording but made no substantive change.
See chapter 821a re forms of deeds and mortgages.

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Sec. 47-6. Witnessing and acknowledgment of deeds of corporations and voluntary associations. Conveyances of real estate made to or by any corporation, or the trustees of any voluntary association, may be attested by witnesses interested therein, and may be acknowledged before properly authorized persons who are so interested.
(1949 Rev., S. 7086.)
Otherwise before this act. 26 C. 195. Effect of pleading admitting execution of deed of corporation. 74 C. 224.
Cited. 7 CA 601−603.

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Sec. 47-6a. Foreign business trust authorized to purchase, hold, transmit, make mortgages on, acquire and convey interests in real estate; filing of trust declaration. A trust with transferable shares organized under the laws of any state, commonly known as a business trust, may purchase, hold or transmit real estate, make mortgages thereon, and acquire and convey any interest therein, in the name of such trust in the same manner as a corporation organized under the laws of this state, provided a true copy of the declaration of such trust, duly certified by the proper official of the state in which it is organized or by the secretary of such trust, shall first be filed in the office of the Secretary of the State of Connecticut.
(P.A. 73-513; P.A. 79-356, S. 12.)
History: P.A. 79-356 expanded provisions to apply with regard to trusts organized under any state's laws where previously applicable only to trusts organized under laws of Massachusetts.
Cited. 179 C. 246, 248.
Massachusetts business trusts are treated as corporations, and Sec. 33-411(c) and (d) probably apply to them. Inapplicable to a Maryland business trust. 32 CS 124.

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Sec. 47-7. Conveyances and releases executed outside this state. (a) Notwithstanding the provisions of section 1-36, any conveyance of real estate situated in this state, any mortgage or release of mortgage or lien upon any real estate situated in this state, and any power of attorney authorizing another to convey any interest in real estate situated in this state, executed and acknowledged in any other state or territory in conformity with the laws of that state or territory relating to the conveyance of real estate therein situated or of any interest therein or with the laws of this state, is valid.
(b) No county clerk's certificate or other authenticating certificate is required for such conveyance, mortgage, release, lien or power of attorney to be valid, provided the officer taking the acknowledgment indicated thereon the date, if any, on which his current commission expires.
(1949 Rev., S. 7087; February, 1965, P.A. 167; 1967, P.A. 300; 1969, P.A. 10; P.A. 79-602, S. 3.)
History: 1965 act specified that conveyance's validity does not depend on whether county clerk's certificate has been affixed "provided the officer taking such acknowledgment shall have indicated thereon the date on which his current commission expires"; 1967 act specified that provisions apply "notwithstanding the provisions of section 1-36" and added reference to "other authenticating" certificates; 1969 act rephrased provision re county clerk's or other certificates; P.A. 79-602 divided section into Subsecs. and restated provisions.
Deed of land in Connecticut executed in another state before a Connecticut commissioner must be executed and acknowledged according to Connecticut law. 26 C. 381. Cited. 81 C. 541.
Deed of Connecticut property properly executed and acknowledged under laws of a foreign state, valid in this state even though not in conformity with Connecticut law. 144 C. 629. Effect of statute limited to curing defects in the form or manner of execution or acknowledgment. Id. This section supplements section 47-5, it does not deal with the nature or extent of the estate which the deed purports to convey. Id. (Concurring opinion.)

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Sec. 47-7a. (Formerly Sec. 47-58a). Rights of aliens re real estate. Validation of real estate transfers to aliens. (a) Any alien, whether or not resident in the United States, may hold, acquire, lease, inherit and transfer real estate in this state in as full a manner as native-born citizens.
(b) Any transfer of real estate to any such alien prior to October 1, 1985, is validated.
(P.A. 85-211, S. 1.)
History: Sec. 47-58a transferred to Sec. 47-7a in 1989.

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Sec. 47-7b. Representation of interests of state when marketability of land titles threatened by claim of Indian tribe. The General Assembly finds that the state has a significant interest in the stability and marketability of land titles. The Attorney General may, in his discretion, represent the interests of the state in any lawsuit where the marketability of land titles has been threatened by a claim alleging that the disputed land was originally controlled or owned by an Indian tribe and was unlawfully transferred from that tribe.
(P.A. 93-389, S. 3, 7.)
History: P.A. 93-389 effective June 28, 1993.

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Sec. 47-8. Release of mortgage or lien in favor of state. Any mortgage to, or lien in favor of, the state or its Treasurer may be released by the Treasurer under his hand and official seal.
(1949 Rev., S. 7088.)

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Sec. 47-9. Deeds of railroad companies. Whenever any railroad company makes and executes a deed in fee simple of any lands which that company has derived by purchase, that deed effectually conveys the title to those lands to the absolute use of the grantee.
(1949 Rev., S. 7089; P.A. 79-602, S. 9.)
History: P.A. 79-602 rephrased section but made no substantive change.

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Sec. 47-10. Deeds to be recorded. No conveyance shall be effectual to hold any land against any other person but the grantor and his heirs, unless recorded on the records of the town in which the land lies. When a conveyance is executed by a power of attorney, the power of attorney shall be recorded with the deed, unless it has already been recorded in the records of the town in which the land lies and reference to the power of attorney is made in the deed.
(1949 Rev., S. 7091; P.A. 79-602, S. 35.)
History: P.A. 79-602 restated provisions but made no substantive change.
When and how delay to record at length affects title of grantee. K 72; 1 R. 61, 81, 500; 2 R. 287, 298. When parol evidence admissible to show actual time of recording. 1 R. 81. Rule that deed first recorded obtains priority, how qualified. 2 R. 239, 383; 2 C. 467; 4 C. 575; 8 C. 342; 15 C. 307; 71 C. 100. Action lies against clerk for delivering up deed before recording. 2 R. 85. Bona fide later purchaser without notice of former conveyance by unrecorded deed holds against such former purchaser. 2 R. 420. Whether a deed releasing an equity of redemption is valid without being recorded. 2 D. 280. Unrecorded deed not good against disseizor. 2 C. 92; Sed quaere. What writing is not required to be recorded. 2 C. 467. What notice of encumbrance the condition of a mortgage deed must give; 4 C. 158; 5 C. 442; 6 C. 37, 116; 7 C. 387; 8 C. 215; 9 C. 286; 12 C. 195; 13 C. 165, 376; 14 C. 77; 15 C. 562; 16 C. 260; 18 C. 257; 19 C. 29; 20 C. 240, 427, 603; 31 C. 74, 488; 46 C. 313; 73 C. 318; 74 C. 198; id., 405; 76 C. 388; 84 C. 329; 85 C. 46; 91 C. 496; United States supreme court follows rule of state court. 91 U. S. 452. Return to grantor and cancellation of unrecorded deed does not divest grantee's title. 4 C. 550; 5 C. 262. Covenant of seizin may be broken, although grantee by first recording has secured title. 5 C. 262. Recording of deed, defective in a statute requisite does not give notice. 5 C. 468; 8 C. 549; 14 C. 135; 87 C. 369; Sec. 47- 17. Unrecorded deed, when admissible in evidence. 7 C. 291. Action lies for fraudulent withdrawal of deed from clerk's office. 8 C. 342. Mortgage deed recorded after death of mortgagor, good. 11 C. 174. Estate by curtesy cannot be divested by disclaimer duly signed, attested, acknowledged, and recorded. 13 C. 83. What record of power of attorney sufficient. 14 C. 32. Burden of proof rests on prior grantee who claims against subsequent deed first recorded. 17 C. 594. When conveyances may be proved by copies of records. 18 C. 311. Deed not recorded until after death of grantor good against a purchaser from his heir at law. 24 C. 211. Deed defective in formal requisite is treated in a court of equity as an executory contract for sale of land. 27 C. 104. What is a reasonable time in which to record deed. 40 C. 85. A mortgage not recorded until after attachment of the mortgaged property, where the delay is unreasonable and unexplained, is not good against the attaching creditor 40 C. 214. Placing a deed on record with intent to pass title to grantee makes a legal delivery. 49 C. 570. Party lending on mortgage in good faith is not charged with notice of equities which do not appear of record. 50 C. 46. Question of priority between deed with covenants given before grantor acquired title and deed given, after title acquired, to purchaser in good faith, for value, without notice. 50 C. 113. Casual knowledge of prior unrecorded mortgage does not charge notice thereof against party taking second mortgage on same land nine years later. 50 C. 517. Absolute recorded deed, with separate unrecorded defeasance, making it a mortgage, is invalid against grantor's attaching creditor. 51 C. 446. Provision in railroad company's charter may render unnecessary recording conveyance of its property in land records. 52 C. 274. Grantee not affected by mistake in recording his deed; various points about priority of mortgages. 56 C. 55. Title of trustee in insolvency takes precedence of prior mortgages unrecorded for two years. 71 C. 358. Priorities between purchaser of land and execution creditor; 70 C. 356; between attaching creditor and purchaser failing to record deed. 71 C. 364; 91 C. 423. What is reasonable time for record, question of fact; 71 C. 95; 91 C. 423; when properly recorded, deed dates back to time of delivery. 76 C. 44; 91 C. 423. Notice of building restriction by record. 68 C. 367. Failure to discover record, no defense. 68 C. 305. Policy of our law is to show title by record; 74 C. 405; 84 C. 329; 85 C. 47; 87 C. 99; 108 C. 24; mortgage; 82 C. 306. Extent of notice by record. 74 C. 405; 76 C. 50; 80 C. 329; 102 C. 687. Priority where A, having no title, deeds land to B, then gets title and deeds to C. 76 C. 44. Deed endorsed as recorded after mortgage back, held to precede mortgage. 76 C. 47. Effect of knowledge of right not appearing of record. 83 C. 581; 87 C. 90; id., 209. Effect of failure to record separate defeasance. 85 C. 46; 89 C. 444. Creditor's rights where deed or mortgage is not recorded. 85 C. 46; id., 696. Priority where one purchases after mechanic's lien attaches but before record. 87 C. 316. Unrecorded deed, how far good. 89 C. 35, 45. Withholding record of mortgage to uphold mortgagor's credit is fraudulent. 74 C. 367. Recording mortgage of street railway. 89 C. 63. Only creditor who extends credit on strength of record title can prevail over undisclosed equitable rights of third parties. 91 C. 576. Mortgagee without notice and giving value may foreclose regardless of such equities. Id., 580. That land records would have shown true title is no defense in action for fraudulent misrepresentation as to title. 94 C. 226. Distinction between constructive knowledge from land records as regards character and extent of actual title, and such knowledge in creating personal rights related to title. Id., 225. Recording of a map is inoperative unless clearly referred to in properly recorded deed. 108 C. 541. Cited. 113 C. 481; 109 C. 438; 132 C. 554. Assignment of a mortgage falls within this statute. 121 C. 268. Prior assignee of mortgage who failed to record estopped by conduct. 126 C. 101. One invoking estoppel must exercise good faith and reasonable diligence. Id. Mechanic's lien given priority over purchase money mortgage not recorded until after materials were furnished. 130 C. 367. Lack of actual notice of restrictions cannot aid defendant since they were on record. 138 C. 188. If a deed of real property is given to secure a debt, it must describe the indebtedness with reasonable accuracy to be valid against other encumbrances. 146 C. 523. Cited. 182 C. 1, 5. Cited. 207 C. 555, 561, 562. Cited. 219 C. 810, 815−817, 820. Cited. 221 C. 77, 80.
Cited. 5 CA 429, 431, 432. Cited. 31 CA 696, 700. Cited. 33 CA 197, 202. Cited. 35 CA 682, 689. Cited. 41 CA 754, 760−762. Section does not indicate that a flaw in the instrument or its recordation would make it inadmissible as evidence. 51 CA 733. When read together with Sec. 47-5, indicates that only when a natural person attempts to convey property through a power of attorney must the instrument creating the power be filed with the conveyance, or have been previously filed, to have legal effect. Id.
Unless a mortgage is recorded within a reasonable time before the execution of a subsequent mortgage, the latter has priority. 6 CS 97. Reasonable time depends upon the facts in each particular case. 11 CS 407. Cited. 15 CS 466. Quit claim deed executed in 1936 and recorded in 1948 not good against a judgment lien recorded more than five months previously. 16 CS 428.

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Sec. 47-11. County clerk's certificates; recording in full not required. When any instrument affecting the title to real estate, executed and acknowledged in another state, has a county clerk's certificate attached to it, attesting to the authority of the officer taking the acknowledgment, the town clerk with whom the instrument is filed for record shall not be required to record the certificate or certificates in full, provided he shall note upon the record thereof with a rubber stamp or otherwise the notation "County Clerk's certificate of authority of officer taking acknowledgment was attached to original instrument." That notation shall be prima facie evidence of the officer's authority to take the acknowledgment.
(1949 Rev., S. 7092; P.A. 79-602, S. 42.)
History: P.A. 79-602 rephrased provisions but made no substantive change.

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Sec. 47-12. Change in name or status of owner of real estate. Any person, corporation, limited liability company or limited liability partnership owning real estate or having an interest therein whose name has been changed, any corporation which has been merged into or consolidated with another, and any general or limited partnership which has converted to a limited liability company or limited liability partnership, shall, within sixty days after the change, merger, consolidation or conversion file with the town clerk of the town in which the real estate is located a certificate, duly acknowledged, giving the name before and after the change, merger, consolidation or conversion and the town clerk shall record and index the certificate in the land records.
(1949 Rev., S. 7093; P.A. 79-602, S. 37; P.A. 94-217, S. 33; P.A. 98-137, S. 54, 62; P.A. 98-219, S. 33, 34.)
History: P.A. 79-602 restated provisions; P.A. 94-217 made provisions applicable to any limited liability company whose name has been changed and any general or limited partnership which has converted to a limited liability company; P.A. 98-137 made provisions applicable to any limited liability partnership whose name has been changed and any general or limited partnership which has converted to a limited liability partnership, effective July 1, 1998; P.A. 98-219 revised effective date of P.A. 98-137, but without affecting this section.

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Sec. 47-12a. Affidavit of facts relating to title or interest in real estate. (a) An affidavit, which states facts relating to the matters named in subsection (b) and which may affect the title to or any interest in real estate in this state, and which is made by any person having knowledge of the facts or competent to testify concerning them in open court, may be recorded in the land records of the town in which the real estate is situated. If so recorded, and if the affiant is dead or otherwise not available to testify in court, then the affidavit, or a certified copy of it, is admissible as prima facie evidence of the facts stated in it, so far as those facts affect title to real estate in any action involving the title to that real estate or any interest in it.
(b) The affidavits provided for in this section may relate to the following matters: Age, sex, birth, death, capacity, relationship, family history, heirship, names, identity of parties, marital status, possession or adverse possession, adverse use, residence, service in the armed forces, conflicts and ambiguities in description of land in recorded instruments, and the happening of any condition or event which may terminate an estate or interest.
(c) Every affidavit provided for in this section shall include a description of the land, title to which may be affected by facts stated in the affidavit, and shall state the name of the person appearing by the record to be the owner of the land at the time of the recording of the affidavit. The town clerk shall index the affidavit in the name of that record owner.
(1967, P.A. 373, S. 1−3; P.A. 79-602, S. 39.)
History: P.A. 79-602 restated provisions.
Cited. 211 C. 36, 49.

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Sec. 47-13. Conveyance of property acquired prior to change of name. Any person or corporation who conveys property acquired prior to a change of name shall state in the instrument of conveyance the name under which that person or corporation acquired the property, and the town clerk shall index the record of the instrument in the name under which the property was acquired and in the name under which it was transferred.
(1949 Rev., S. 7094; P.A. 75-343, S. 1, 2; P.A. 79-602, S. 38.)
History: P.A. 75-343 applied provisions with respect to any person conveying property before changing name where previously applicable to married women who conveyed property before their marriage; P.A. 79-602 applied provisions to corporations and replaced "such" with "that" or "the" where appearing.
Social custom of woman to change name upon marriage, recognized. 30 CS 385.

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Sec. 47-14. Joint tenancy; release or conveyance to other joint tenants. Section 47-14 is repealed.
(1949 Rev., S. 7095; 1959, P.A. 677, S. 12.)

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Sec. 47-14a. Joint tenancy in fee simple with survivorship. A conveyance of real estate or any interest therein by deed or will or other instrument of conveyance to two or more natural persons, among whom may be the grantor or grantors, in such form that the conveyance runs unto the grantees or devisees, whether as joint tenants or as tenants in common, and unto the survivor of them, or unto the survivor and survivors of them, and unto the last survivor's heirs and assigns, or in such form that the conveyance runs unto the grantees or devisees for their lives, or their joint lives, with a remainder or other interest limited to the survivor of them and to the last survivor's heirs and assigns, or in such form that the conveyance runs unto the grantees or devisees as joint tenants with right of survivorship, or in such form that the conveyance runs unto two grantees or devisees and to their heirs and assigns as tenants by the entirety, or in such form that the conveyance runs unto the grantees or devisees with the words "as joint tenants" added after their names, creates a joint tenancy in fee simple with right of survivorship added and the tenants holding under any such conveyance shall be known as joint tenants. The interests of the grantees under any such conveyance may be held by them in equal or unequal shares. Where words of inheritance are omitted as to any grantee therein except the survivor, any such conveyance otherwise legally sufficient and appropriate to convey any fee simple title to any grantee or person who becomes entitled thereto pursuant to this section and sections 47-14b to 47-14k, inclusive, by reason of any severance or otherwise, is fully effective to convey the title regardless of the omission.
(1959, P.A. 677, S. 1; P.A. 79-602, S. 24; P.A. 84-70; P.A. 99-8.)
History: P.A. 79-602 made minor changes in wording but made no substantive change; P.A. 84-70 included conveyance of real estate "in such form that the conveyance runs unto the grantees or devisees with the words 'as joint tenants' added after their names"; P.A. 99-8 added provision that interests of grantees may be held in equal or unequal shares.
Mere omission of word "heirs" in grant in deed executed in 1948 held not sufficient to defeat otherwise clearly expressed intent to create fee, nor arbitrarily to reduce it to life estate. 149 C. 137. Joint tenant wife was entitled to exoneration of mortgage made by her husband on property he first owned as sole owner and later transferred to them jointly. His estate was liable for all the mortgage as the debt was incurred solely by the decedent. 158 C. 225. Cited. 158 C. 229. Cited. 204 C. 502, 505, 506. Sec. 47-14a et seq. also cited. Id.
Cited. 32 CS 227.
Although a 1956 instrument of conveyance contained no reference to the creation of a joint tenancy, it did contain some reference to survivorship; consequently, by virtue of this statute, the court will hold that a joint tenancy was created. 3 Conn. Cir. Ct. 664, 668.

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Sec. 47-14b. Conveyance or encumbrance by joint tenants. Subject to the provisions of section 47-14e, joint tenants may, by an instrument executed by all of them, convey or encumber the estate they hold or any portion of it or interest in it in the same manner as if they held as tenants in common.
(1959, P.A. 677, S. 2; P.A. 79-602, S. 25.)
History: P.A. 79-602 rephrased section but made no substantive change.
Cited as Sec. 47-14a et seq. 204 C. 502, 506.

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Sec. 47-14c. Conveyance by less than all joint tenants. Except as otherwise provided in sections 47-14a to 47-14k, inclusive, a conveyance of any interest or interests in any joint tenancy by less than all of the joint tenants to a person or persons other than one of the remaining joint tenants severs the joint tenancy as to the interest or interests so conveyed and the grantee or grantees thereof shall hold the interest or interests as tenant or tenants in common with the remaining joint tenant or tenants. When there is more than one such remaining joint tenant, the conveyance does not alter the character of the tenancy or its incidents among the remaining joint tenants.
(1959, P.A. 677, S. 3; P.A. 79-602, S. 26.)
History: P.A. 79-602 changed wording slightly but made no substantive change.
Cited. 177 C. 22, 29. Cited. 204 C. 502, 505, 506. Cited. 219 C. 36, 49, 50.

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Sec. 47-14d. Conveyance to one joint tenant by others. A release or other conveyance by all but one joint tenant to the one remaining joint tenant merges the entire estate in the releasee or grantee. When there is more than one such remaining joint tenant, a release or other conveyance by one or more joint tenants to all the remaining joint tenants makes the releasees or grantees joint tenants not only as to their former interests but also as to the interest or interests so released or conveyed, unless otherwise expressly provided in the release or conveyance. A release or other conveyance by one or more joint tenants to less than all the remaining joint tenants, or to some or all of the remaining joint tenants and a person or persons other than one of them, has the same effect as if the interest or interests so released or conveyed had been first conveyed to a stranger and by him conveyed to the releasees or grantees.
(1959, P.A. 677, S. 4; P.A. 79-602, S. 27.)
History: P.A. 79-602 rephrased provisions but made no substantive change.
Sec. 47-14a et seq. cited. 204 C. 502, 506.

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Sec. 47-14e. Mortgage or lease by joint tenants. A mortgage or lease executed by all of the joint tenants does not sever the joint tenancy but is valid according to its terms against the joint tenants and the survivor or survivors of them. A mortgage or lease executed by less than all of the joint tenants is a severance only to the extent that, upon the death of any joint tenant joining in the mortgage or lease, the mortgage or lease will continue to encumber the interest accruing to the surviving joint tenant or tenants by reason of that death.
(1959, P.A. 677, S. 5; P.A. 79-602, S. 28.)
History: P.A. 79-602 made minor changes in wording but no substantive changes.
Wife, as joint tenant, had an individual interest in property capable of being leased and could be enjoined from leasing to another party where she had discriminated in refusal to rent to plaintiff under section 53-36a. (46a-91). 157 C. 20. Sec. 47-14a et seq. cited. 204 C. 502, 506.

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Sec. 47-14f. Attachment of or lien on tenant's interest. During the life of any joint tenant his interest may be attached, made subject to a mechanic's lien, judgment lien or other lien authorized by law, or sold on execution, all in the same manner as if he held his interest as a tenant in common; provided, upon the death of any joint tenant owning that interest, the attachment or lien or execution, unless and until it becomes invalid or unenforceable for some reason other than that death, shall likewise continue valid and enforceable against that interest as and when it accrues to the surviving tenants or tenant by reason of that death, but it shall not otherwise affect the rights or interests of any of the joint tenants, nor prevent any severance from being effected by any appropriate act pertaining to the interest of any of the joint tenants.
(1959, P.A. 677, S. 6; P.A. 79-602, S. 29.)
History: P.A. 79-602 substituted "the" or "that" for "such" where appearing.
Sec. 47-14a et seq. cited. 204 C. 502, 506.
Since the attachment of the interest of a joint tenant continues after his death, the settlement agreement between the lienor and the surviving tenant was not a "voluntary" assumption of the debt by her vis-a-vis those accommodated by the payment because until the payment was made her interest would never be free. 3 Conn. Cir. Ct. 664, 668.

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Sec. 47-14g. Divorce or marriage dissolution of husband and wife joint tenants. Whenever a husband and wife are joint tenants in the same real estate, either together or in conjunction with others, a divorce or dissolution of the marriage, unless the divorce decree or decree of dissolution otherwise provides, severs their interests and converts them into tenants in common as to each other but not as to any remaining joint tenant or joint tenants. Such severance does not become effective as to any other persons until a certified copy of the decree or abstract of it, indicating the effective date of the divorce or dissolution, has been recorded in the land records of the town where the real estate is located.
(1959, P.A. 677, S. 7; 1967, P.A. 276; P.A. 73-373, S. 32; P.A. 79-602, S. 30.)
History: 1967 act rephrased for clarity and specified that severance is effective "as to any other persons until a certified copy of the decree or abstract thereof, indicating the effective date of such divorce, has been recorded in the land records", replacing provision whereby severance was effective at the time "such divorce becomes absolute and provision authorizing divorced person or other interested person to file copy of decree in town's land records; P.A. 73-373 added references to dissolution of marriage; P.A. 79-602 rephrased provisions but made no substantive change.
Cited. 178 C. 254, 258. Sec. 47-14a et seq. cited. 204 C. 502, 506.
Cited. 28 CA 854, 858; judgment reversed, see 228 C. 85 et seq.
Cited. 28 CS 383. Cited. 42 CS 36, 42.

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Sec. 47-14h. Provisions applicable to joint tenancies with survivorship. All provisions of existing statutes applicable to joint tenancies are applicable to joint tenancies with right of survivorship.
(1959, P.A. 677, S. 8; P.A. 79-602, S. 31.)
History: P.A. 79-602 substituted "are" for "shall be".
Sec. 47-14a et seq. cited. 204 C. 502, 506. Cited. 224 C. 219, 225, 227.
Cited. 29 CS 465.
Subsec. (e):
Subdiv. (2) cited. 40 CA 595, 599, 600.

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Sec. 47-14i. Effect of death on contract by tenant to convey interest. When any joint tenant enters into an enforceable contract to convey his interest, or a portion of his interest, severally or in conjunction with other joint tenants, and dies before the performance of the contract, such contract, to the extent that it would have been enforceable against the deceased joint tenant had he lived, shall be enforceable in rem against the interests accruing to the surviving joint tenant or joint tenants by reason of the death.
(1959, P.A. 677, S. 9; P.A. 79-602, S. 32.)
History: P.A. 79-602 made minor changes in wording.
Sec. 47-14a et seq. cited. 204 C. 502, 506.

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Sec. 47-14j. Conveyance to effect change in interests among tenants. Any change in the nature of the interests held by joint tenants which could be effected by a conveyance or conveyances to a stranger may be effected by an instrument executed with the formalities required for deeds by the joint tenant or tenants whose interests are involved. That instrument shall not be effective until it has been recorded on the land records of the town in which the real estate is located.
(1959, P.A. 677, S. 10; P.A. 79-602, S. 33.)
History: P.A. 79-602 rephrased provisions but made no substantive change.
Sec. 47-14a et seq. cited. 204 C. 502, 506.

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Sec. 47-14k. Applicability of statutes. The provisions of sections 47-14a to 47- 14j, inclusive, apply to any conveyance or devise creating a joint tenancy in the manner provided in section 47-14a made prior to and existing on June 29, 1959, except to the extent that the effect of the conveyance or devise after that date is determined by a court of competent jurisdiction in an action requiring that determination and a lis pendens notice of the action and the purpose of it has been recorded within one year after that date in the land records of the town where the real estate concerned is located or, in the absence of such lis pendens, a certified copy of the judgment has been so recorded within said period of one year; unless a person claims those sections do not apply to the conveyance or devise and, within one year after June 29, 1959, records a notice defining his contrary claim in the land records of the town where the land affected by those sections is located.
(1959, P.A. 677, S. 11; 1963, P.A. 637, S. 1; P.A. 79-602, S. 34.)
History: 1963 act restated provisions for clarity, substituting conveyance or devise "creating a joint tenancy in the manner provided in section 47-14a" for conveyance or devise "within their terms", i.e. terms of Secs. 47-14a to 47-14j; P.A. 79-602 made minor changes in wording.
Sec. 47-14a et seq. cited. 204 C. 502, 505, 506. Cited. Id.
Assent to the applicability of sections 47-14a through 47-14j is presumed if the grantees do not take steps to indicate a contrary intent within a year of the effective date of the statute. 3 Conn. Cir. Ct. 664, 667.

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Sec. 47-15. Certificate of taking land by appraisal to be recorded. When any land or interest therein, incorporeal hereditament or right to the use of water is taken by appraisal under proceedings on application or petition to any judge or court therefor, the applicant or petitioner shall, within thirty days after the appraisers have made their report or, if such report is made to a court, within thirty days after its final acceptance, file for record, in the town clerk's office of the town or towns in which such land or interest is situated, a certificate describing the land or interest, signed by the applicant or his attorney, which certificate shall be recorded by the town clerk in the land records of the town.
(1949 Rev., S. 7098; P.A. 79-602, S. 41.)
History: P.A. 79-602 substituted "the" for "such".

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Sec. 47-16. Lost deed of land in two or more towns, copy recorded. When any conveyance of land, situated in two or more towns, has been lost after being recorded in one or more of such towns, a certified copy of the record thereof may be recorded in the other towns; and, when so recorded, shall have the same effect as a record of the original instrument.
(1949 Rev., S. 7099.)
Cited. 228 C. 795, 811, 818. Cited. 237 C. 613.

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Sec. 47-17. Records of documents as notice of equitable rights. An unacknowledged deed, and any instrument intended as a conveyance of land, but which by reason of a formal defect operates only as a conveyance of an equitable interest in such land, and any contract for the conveyance of land, or of any interest therein, and any instrument by which an equitable interest in land is created, in which such land is particularly described, may be recorded in the records of the town in which such land is situated; and such record shall be notice to all the world of the equitable interest thus created.
(1949 Rev., S. 7100.)
Unacknowledged lease for fifteen years admissible to show that party was in possession claiming title. 1 D. 17. Recording of deed, defective in statute requisite, is not notice of its existence to third persons. 8 C. 549; 14 C. 135; 87 C. 369. Does not apply to personal property included in defectively witnessed mortgage of real estate. 102 C. 687. A claimed attorney's lien did not constitute "notice" under the statute. 123 C. 374. Trust indenture held not a cloud on title. 125 C. 692.
Cited. 26 CA 203, 211.
Essence of attorney's lien. 4 CS 505. A deed purporting to convey property is under a claim and color of right and equivalent to ouster of other claimants as to whom the grantor thereafter holds adversely. 15 CS 467.

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Sec. 47-18. Ownership of historic memorials. The title and ownership of all memorials, tablets and markers, designating any historic place, or in commemoration of any historic event, whether upon public or private buildings, in public parks or cemeteries or upon private grounds, shall be vested in perpetuity in the society or association erecting or placing the same.
(1949 Rev., S. 7101.)

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Sec. 47-18a. Notice of listing of historic structure on National Register of Historic Places. The record owner of any historic structure or landmark in this state which is listed or under consideration for listing on the National Register of Historic Places or is part of a district listed or under consideration for listing on said National Register, shall cause notice of such listing or consideration for listing upon the land records of the town in which such structure or landmark is located.
(P.A. 82-367, S. 2.)
See chapter 177 (Sec. 10-321 et seq.) re the Connecticut Historical Commission.

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Sec. 47-19. Leases for more than one year. No lease of any building, land or tenement, for life or for any term exceeding one year or which provides for the renewal thereof or an option to purchase such building, land or tenement, shall be effectual against any persons other than the lessor and lessee and their respective heirs, successors, administrators and executors, unless it is in writing, executed, attested, acknowledged and recorded in the same manner as a deed of land, provided a notice of lease in writing, executed, attested, acknowledged and recorded in the same manner as a deed of land and containing (1) the names and addresses, if any are set forth in the lease, of the parties to the lease, (2) a reference to the lease, with its date of execution, (3) the term of the lease with the date of commencement and the date of termination of such term, (4) a description of the property contained in the lease, (5) a notation if a right of extension or renewal is exercisable, (6) if there is an option to purchase, a notation of the date by which such option must be exercised and (7) a reference to a place where the lease is to be on file shall be sufficient.
(1949 Rev., S. 7102; 1959, P.A. 173; 1961, P.A. 205; February, 1965, P.A. 402.)
History: 1959 act added proviso re sufficiency of lease notice; 1961 act broadened provision re effectual lease to include reference to "lessee", "successors, administrators and executors"; 1965 act required, for sufficiency of notice of lease, inclusion of addresses of parties to lease, reference to lease with date of execution, dates of commencement and termination of lease term, notation if extension or renewal right may be exercised and if there is a purchase option, notation of deadline for exercising the option.
A writing granting liberty to flow lands for a certain time is a lease within the statute. 1 R. 318. When unacknowledged lease admissible in evidence. 1 D. 17; 7 C. 420. Unacknowledged lease for more than one year, good for one year; such lease not void, but voidable by third party, as lease for more than one year. 21 C. 168. Unrecorded lease good to convey an interest against a cotenant. 25 C. 137. Under this statute a lease effectual against the lessor is equally so against the lessee. 46 C. 92. Lease not sealed or acknowledged good between the parties. 47 C. 33. Effect of unrecorded lease. 80 C. 15; id., 453. Oral lease not to be performed within a year is within statute of frauds. 80 C. 263; id., 503; 82 C. 413; 86 C. 32. Validating acts inoperative on unrecorded lease for more than one year. 104 C. 295; Likewise where recording is after judgment in summary process. Id. Subsequent purchaser charged with notice of instrument separate from lease. 113 C. 476. Court properly concluded that defendant was bona fide purchaser. 134 C. 349. Cited. 147 C. 411. Plaintiff had notice of defendant's prior unrecorded lease, hence restrictive covenant in plaintiff's subsequent lease is not enforceable against defendant. An unrecorded lease is not void but voidable by persons protected under the statute. 167 C. 294.
Cited. 19 CA 471−478. Cited. 33 CA 197, 201. Cited. 42 CA 426.
Lease signed by lessor only is none the less executed in compliance with this section. 6 CS 451. Unrecorded lease valid against lessee as well as lessor. 12 CS 55. Cited. 22 CS 452.

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Sec. 47-20. Use of word "trustee" or "agent" in an instrument affecting real estate. The word "trustee" or "agent", or the words "as trustee", or words of similar meaning, following the name of the grantee in a duly executed and recorded instrument which conveys, transfers or assigns real estate or any interest therein, with or without the name of a cestui que trust or principal appearing and without any other language expressly limiting the powers, interest or estate of the grantee, do not, in the absence of a separate duly executed and recorded instrument defining the powers of the grantee, affect the right of the grantee to sell, mortgage or otherwise dispose of the real estate or interest therein in the same manner as if those words had not been used. No person to whom such real estate or interest therein has been transferred or mortgaged by such grantee is liable for the claim of any undisclosed beneficiary or principal or for the application of any money which may have been paid by such person therefor.
(1949 Rev., S. 7103; 1969, P.A. 6; P.A. 79-602, S. 8.)
History: 1969 act added references to "agent" and "mortgage" action; P.A. 79-602 restated provisions but made no substantive changes.
Use of term "trustee" held to be a nullity. 147 C. 451.

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Sec. 47-21. Deeds of land by persons ousted of possession, void. Any conveyance or lease, for any term, of any building, land or tenement, of which the grantor or lessor is ousted by the entry and possession of another, unless made to the person in actual possession, shall be void.
(1949 Rev., S. 7105.)
This section does not extend to the state. K. 221. Conveyance prohibited by the statute is void. 1 R. 100; id., 199; id., 402; 2 D. 151. Possession of mortgagee not adverse. 2 R. 499. What evidence is admissible. 2 D. 121. Reconveyance of mortgage to mortgagor, both out of possession, not within the statute. 4 D. 234. Whether conveyance of incorporeal hereditament falls within the statute. Id. Mortgage not an alienation so as to make the parties liable. 4 C. 421. When a deed releasing title by execution is void under the statute. Id., 575. Landlord is not ousted by possession of tenant. 9 C. 421. Grantee of corporation may be liable. 9 C. 421. Conveyance may be void in part and valid in part under this statute. 13 C. 75; 14 C. 104; 109 C. 693. The owner of the soil of a highway may be disseized thereof, subject to the public easement. 19 C. 182. Quitclaim deed is such an alienation. 19 C. 471; 20 C. 262. Actual possession by any one as owner is sufficient ouster of another. 20 C. 262. Receipt of rents and profits of land insufficient to prove an ouster of the holder of the legal title. 36 C. 345. Tenant of land under agreement to purchase may, after performing his contract, deny title of vendor, and thereafter his holding will be adverse. 38 C. 262. Quitclaim by ousted mortgagee to third party conveys an equitable, but no legal, title. 40 C. 90. A conveyance by an ousted grantor, made to a party to whom grantor, before ouster, had contracted to convey it, is not within the statute. 50 C. 46. Ouster which will render grantor's deed void under this section is the same which is required to establish adverse possession. 69 C. 28; 71 C. 574; 74 C. 523; 81 C. 133; 102 C. 56; 103 C. 335; 104 C. 288; 112 C. 6; 112 C. 125. Existence of way not an ouster; 69 C. 163; nor is building jutting over land; 75 C. 662; 87 C. 31; nor is possession of life tenant ouster of remainderman; 76 C. 594; 77 C. 407. Effect of ouster. 81 C. 551. Grantor, or grantee in grantor's name, may sue for possession of lands from which grantor was ousted. 93 C. 115. Cited. 120 C. 16; 134 C. 342; 137 C. 42. Ouster which will make deed void is same which is required to establish adverse possession. 135 C. 691. Possession necessary to constitute an ouster under this section must be of the type which would ripen into a title by adverse possession if it were continued long enough. 147 C. 689. In action to quiet title under section 47-31 if defendant had been deeded land which plaintiffs occupied, judgment should declare deed to the defendant void. 155 C. 327. Possession necessary to constitute an ouster under this section is possession that would, if continued for the requisite period, ripen into title by adverse possession. 165 C. 457, 465.
Cited. 1 CA 481, 483. Cited. 37 CA 153, 155. Possession necessary to constitute ouster is possession that would ripen into a title by adverse possession if continued for the requisite period. 48 CA 436.
Cited. 3 CS 49; 4 CS 34; 5 CS 477. Defendant's deed from his immediate predecessor in title, delivered more than fifteen years after the plaintiff's adverse possession began was unavailing to convey the land in dispute, since such predecessor was then out of possession. 6 CS 20. Purpose is to codify the common-law rule against champerty and maintenance. Executor's deed issued by order of probate court is not within its scope. 34 CS 31, 33.

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Sec. 47-22. Transferred to Chapter 830, Sec. 47a-3d.

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Sec. 47-23. Termination of parol leases for nonpayment of rent. Section 47-23 is repealed.
(1949 Rev., S. 7107; P.A. 76-95, S. 26, 27; 76-435, S. 75, 82.)
See Sec. 47a-15 re landlord's remedies where tenant fails to meet his responsibilities, fails to pay rent etc.
See title 47a re landlord and tenant relationship generally.

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Sec. 47-23a. Transferred to Chapter 831, Sec. 47a-22.

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Secs. 47-23b to 47-23f, 47-24. Security deposit refunds. Tenant not liable for rent while premises are untenantable. Sections 47-23b to 47-23f, inclusive, and 47- 24 are repealed.
(1949, Rev., S. 7108; P.A. 75-614, S. 1−5; P.A. 76-95, S. 26, 27; 76-435, S. 75, 82.)
See Sec. 47a-14 re action by individual tenant to enforce landlord's responsibilities.
See Sec. 47a-21 et seq. re security deposits.
See title 47a re landlord and tenant relationship generally.

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Sec. 47-24a. Transferred to Chapter 830, Sec. 47a-5.

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Sec. 47-24b. Covenant that leased property is fit for habitation. Section 47- 24b is repealed.
(1969, P.A. 390; P.A. 76-95, S. 26, 27; 76-435, S. 75, 82.)
See Sec. 47a-4 re terms prohibited in rental agreements.
See title 47a re landlord and tenant relationships generally.

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Sec. 47-24c. Transferred to Chapter 830, Sec. 47a-8.

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Sec. 47-24d. Tenant's waiver of rights, when valid. Section 47-24d is repealed.
(P.A. 73-238; P.A. 76-95, S. 26, 27; 76-435, S. 75, 82.)
See Sec. 47a-4 re terms prohibited in rental agreements.
See title 47a re landlord and tenant relationships generally.

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Sec. 47-25. Right to light not gained by adverse possession. No occupant of real estate may acquire, by adverse occupation, the right to keep, sustain or enjoy any window or light, so as to prevent the owner of adjoining premises from erecting and maintaining any building thereon.
(1949 Rev., S. 7109; P.A. 79-602, S. 55.)
History: P.A. 79-602 substituted "may" for "shall".
When grant of light or air will be implied. 62 C. 383; 79 C. 401; 80 C. 497. Abutter on street has right to light, air and view from space over highway. 104 C. 619. Cited. 208 C. 256, 261.

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Sec. 47-26. No right to railroad, railway or canal land by adverse possession. If the owner or occupant of any land adjoining any railroad or canal has, since June 10, 1831, taken into his enclosure any part of the land belonging to such railroad or canal, as located and established, or since that time has erected any building upon any such land; or, if any person takes into his enclosure any part of land belonging to a railway company within the limits of which such company has located an electric railway, or erects any building upon any part of such land, no adverse possession of the land so enclosed or built upon shall confer any title thereto.
(1949 Rev., S. 7110.)
Railroad may abandon right-of-way. 86 C. 275; 88 C. 515.

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Sec. 47-27. Title by adverse possession by, or against railroad, railway corporation or nonprofit land-holding organization. (a) No length of possession, user or occupancy of land belonging to a railroad or street railway corporation and used for its corporate purposes shall create or continue any right in or to such land. No length of possession, user or occupancy by a railroad or street railway corporation of land belonging to another shall create or continue any right in or to such land.
(b) No length of possession, user or occupancy of land belonging to a nonprofit land-holding organization shall create or continue any right in or to such land. As used in this subsection, "nonprofit land-holding organization" means a nonprofit corporation incorporated pursuant to chapter 602 or any predecessor statute thereto, having as one of its principal purposes the conservation and preservation of land.
(1949 Rev., S. 7111; P.A. 99-64, S. 1, 2.)
History: P.A. 99-64 designated existing provisions as Subsec. (a) and added new Subsec. (b) re title by or against a nonprofit land-holding corporation, effective May 27, 1999.
Cited. 154 C. 674, 679.
Section serves as a toll on time period necessary for creation and perfection of a prescriptive easement re disputed parcel while land is being used for defendant's corporate purposes. 48 CA 251.
Cited. 14 CS 142; 17 CS 305. During the use of disputed parcel by defendant railway for corporate purposes, the time period under Sec. 47-37 (uninterrupted use for fifteen years) does not run. 45 CS 251.

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Sec. 47-28. Admissibility of award of arbitrators as evidence. No award of arbitrators, made since May 20, 1841, purporting to decide the title to real estate, shall be admissible as evidence thereof, unless the submission of the parties to such arbitration is executed, attested and acknowledged as deeds of lands, nor unless such award is in writing and under the hands and seals of the arbitrators; and such submission and award shall not be effectual against any persons but the parties to the same and their heirs, unless recorded by the town clerk of the town where such estate is situated.
(1949 Rev., S. 7117.)
If submission is not executed as provided in this section, award cannot pass title. 32 C. 115. Relocation of old boundary not within this section. 87 C. 684. Cited. 181 C. 449, 451.

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Sec. 47-29. Right of entry on land by assignee of reversion. When, after an estate in real estate has been created by grant or devise upon express condition, the reversion, before breach of the condition, becomes vested in any person other than the grantor or his heirs, that person shall, on breach of the condition, have the same right of entry upon the real estate and the same remedy for the breach, by entry, suit or otherwise, as the original grantor or those who legally represent him would have, if still owning the reversion.
(1949 Rev., S. 7118; P.A. 79-602, S. 7.)
History: P.A. 79-602 substituted "the" or "that" for "such" where appearing.
A right of entry for condition broken was not assignable at common law; 31 C. 478; but is now by virtue of this section. 54 C. 62; 110 C. 270. Breach of condition may require reentry to revest title. 74 C. 636. Grantee of estate can avail himself only of breaches subsequent to conveyance to him. 76 C. 594. Grantee has no further rights than grantor. 84 C. 512. Deed construed to convey entire interest of grantor, including possibility of reverter. 110 C. 267.

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Sec. 47-30. Ejectment. Set-off of defendant's improvements. Final judgment shall not be rendered, in any action to recover the possession of land, against any defendant who has, in good faith, believing his title to the land in question absolute, made improvements on the land before the commencement of the action, or whose grantors or ancestors have made the improvements, until the court has ascertained the present value of the improvements and the amount reasonably due the plaintiff from the defendant for the use and occupation of the land. If the value of the improvements exceeds the amount due for use and occupation, execution shall not be issued until the plaintiff has paid the balance to the defendant or into court for his benefit. If the plaintiff elects to have the title confirmed in the defendant and, upon the rendition of the verdict, files notice of the election with the clerk of the court, the court shall ascertain what sum ought in equity to be paid to the plaintiff by the defendant or other parties in interest and, on payment of it, may confirm the title to the land in the parties paying it.
(1949 Rev., S. 7119; P.A. 79-602, S. 54.)
History: P.A. 79-602 made minor changes in wording but no substantive changes.
By common law, such betterments could be set off against a claim for the mesne profits. 5 Coke Rep. 30; 8 Wheat. 1. This section does not impair obligation of contracts, nor deprive a person of property without due course of law, nor of his right of trial by jury. 48 C. 577; 74 C. 502. One who takes title without examining land records cannot claim betterments against prior mortgagee. 74 C. 411; 114 C. 93. As to application to estate upon condition. 76 C. 592. Plaintiff cannot compel defendant to take and pay for title to land. 78 C. 202. Statute does not apply where there is no mistake as to ownership and money expended is that of true owner. 91 C. 13. Right to betterments cannot be reached by execution against land. 83 C. 346. Recovery for taxes, insurance premiums, interest paid on mortgage and rent. 120 C. 528. There could be no claim to recover for occupation after commencement of action. 130 C. 491. Where, on appeal, judgment for defendants based on finding of title in them by adverse possession was reversed, case was remanded to determine damages of plaintiffs and set-off of defendants under this statute. 156 C. 510.
Trial court misinterpreted statute to limit award to value of the property and to preclude an award of use and occupancy when statute directs court to determine what equitable sum is due to plaintiff. 51 CA 186.
Defendant not entitled to compensation for alleged improvements and betterments made by her, where it was not shown that they were made in good faith. 12 CS 38.

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Sec. 47-31. Action to settle title or claim interest in real or personal property. (a) An action may be brought by any person claiming title to, or any interest in, real or personal property, or both, against any person who may claim to own the property, or any part of it, or to have any estate in it, either in fee, for years, for life or in reversion or remainder, or to have any interest in the property, or any lien or encumbrance on it, adverse to the plaintiff, or against any person in whom the land records disclose any interest, lien, claim or title conflicting with the plaintiff's claim, title or interest, for the purpose of determining such adverse estate, interest or claim, and to clear up all doubts and disputes and to quiet and settle the title to the property. Such action may be brought whether or not the plaintiff is entitled to the immediate or exclusive possession of the property.
(b) The complaint in such action shall describe the property in question and state the plaintiff's claim, interest or title and the manner in which the plaintiff acquired the claim, interest or title and shall name the person or persons who may claim the adverse estate or interest. In any such action the plaintiff may join as defendants any unknown person or persons who claim or may claim any rights, title, estate or interest in or lien or encumbrance on the property described in the complaint, adverse to that of the plaintiff, whether the claim or possible claim be vested or contingent. If in the complaint, the plaintiff alleges that there are or that there may be persons who have or may have some right, title, estate or interest in or lien or encumbrance on the real or personal property but the persons cannot be located or are unknown to the plaintiff, or both, and describes the actual or possible estate or interest of such person or persons, and how derived, so far as may be known to him from a reasonable search of the available land records or otherwise, he may join as defendants all unknown persons who may have made any such claim by stating in the summons, after setting forth the names of known claimants, the words, "and all unknown persons, claiming or who may claim any rights, title, interest or estate in or lien or encumbrance upon the real property described in this complaint, adverse to the plaintiff, whether such claim or possible claim be vested or contingent", and it shall not be necessary to set forth therein any further description of the unknown person or persons. If, there are no known claimants, or possible claimants, to the property described in the complaint, the action shall be deemed to be maintained against all unknown persons claiming or who may claim any rights, title, estate, or interest, or lien or encumbrance upon the real or personal property described in the complaint, adverse to that of the plaintiff, whether the claim be vested or contingent, and the action may be prosecuted to judgment in the same manner and with like effect as though there had been known claimants or possible claimants designated as party defendants.
(c) If the plaintiff or his attorney annexes to the complaint in any such action an affidavit setting forth such facts and in addition sets forth the efforts which were made to ascertain the names and addresses as well as the interest or estates of the unknown persons, the court to which the action is brought or a judge thereof may make such order relative to the notice which shall be given in such cause as the court or judge deems reasonable. That notice having been given according to the order and duly proven shall be sufficient to confer jurisdiction of all such unknown persons and the court may proceed to a hearing of the cause at any time that it deems proper. The court shall not be required to appoint any guardian or other person to represent such unknown persons under any legal disabilities and all such persons shall be concluded by any decree or judgment in respect to the real or personal property involved in the action.
(d) Each defendant shall, in his answer, state whether or not he claims any estate or interest in, or encumbrance on, the property, or any part of it, and, if so, the nature and extent of the estate, interest or encumbrance which he claims, and he shall set out the manner in which the estate, interest or encumbrance is claimed to be derived.
(e) No judgment for costs shall be rendered in such action against any defendant, who, by his answer, disclaims all estate or interest in or encumbrance on such property, but costs shall be taxed in his favor at the discretion of the court; and the court shall, in any such case, without further proof, render judgment that such defendant has no estate, interest in or encumbrance on such property or any part of it.
(f) The court shall hear the several claims and determine the rights of the parties, whether derived from deeds, wills or other instruments or sources of title, and may determine the construction of the same, and render judgment determining the questions and disputes and quieting and settling the title to the property.
(1949 Rev., S. 7120; 1969, P.A. 353; P.A. 75-38; P.A. 79-602, S. 50.)
History: 1969 act added provision re required procedure with respect to unknown persons who may claim interest in subject matter of the action; P.A. 75-38 restated provisions added by 1969 act; P.A. 79-602 divided section into Subsecs. and made minor changes in wording.
Statute valid; meaning of "court"; nature of adverse claims. 68 C. 273; 78 C. 100; 98 C. 554. Receiver seeking to have land freed from fraudulent mortgage should not proceed under this statute. 74 C. 368. Action does not lie where suit in ejectment for same land is pending; 76 C. 542; but under present statute does lie although plaintiff is ousted of possession. 105 C. 83; 109 C. 310; id., 451. If action is used in place of ejectment suit, rules governing latter to be applied. 77 C. 30. Right to jury trial. 78 C. 100; 90 C. 133. Law explained; should only be used where there is no other legal remedy. 78 C. 369. Pleadings. 80 C. 330. Plaintiff must prevail on the strength of his own title; 80 C. 347; and if complaint fails to uphold it, demurrer lies. Id., 363. Receivership to collect rents pending action. 85 C. 434. Effect of amendment of 1915. 90 C. 73; 91 C. 500; 105 C. 83. Cestui que trust cannot use this statute to secure judgment determining effect of will creating trust. 90 C. 64; 91 C. 500. Costs are in discretion of court. 92 C. 345. Title to land under water and to riparian rights may be determined. 93 C. 506. "Cloud on title" defined. Id., 664. "Matter in demand," as determining jurisdiction of action to remove invalid lien, is amount claimed under it; and it suffices if this appears anywhere in pleadings. 95 C. 66. Proper pleadings. Id., 399. Form of pleading. 78 C. 96, 129; Id., 369; 99 C. 127; 105 C. 84. Is available to one out of possession. 105 C. 83. Title as affected by validating acts. 109 C. 307. Giving effect to reverter does not impose a forfeiture. Id., 529. Broadened scope of this statute. 110 C. 214. Action to remove mortgage brought improperly under this statute. 117 C. 39. Judgment removing building restrictions would remove them for all time and in this regard it differs from an action to enjoin breach of restrictions. Id., 187. Validity of lien tested. 132 C. 551. One to whom property is transferred pending action may be joined as party plaintiff. 123 C. 372. Attorney who prosecuted action involving real estate acquired no right of lien. Id., 374. Cited. 134 C. 427; 137 C. 646. Where defendant makes no claim until evidence is all in, that plaintiff failed sufficiently to set forth in his complaint the nature of his claim, title or interest, court will decline to entertain claim. 134 C. 663. In complaint, ownership or interest of plaintiff in land must be stated and plaintiff must prove that this title or interest is in actual controversy. 146 C. 288. Plaintiff's proof of an interest necessary to enable him to maintain an action under this section is technically distinct from his proof of facts necessary to entitle him to an affirmative adjudication in his favor. 147 C. 689. Party can obtain an adjudication of title or interest in himself only on the strength of his own title or interest as distinguished from the weakness of the title or interest of his adversaries. Id. Added claims for damages and appropriate equitable relief may be included in complaint. Id. Cited. 149 C. 129. An exclusive possession maintained over a marked and readily visible area without the consent or license of the owner may result in the acquisition of title by adverse possession even though the adverse possessor may have believed he was not assuming a possession to which he was not entitled. 151 C. 357, 358. Trial court's judgment that defendant or its assignee was title owner set aside where assignee not made party to action. Court failed to make positive and precise determination of where title lies which this section requires. 155 C. 287. Plaintiffs, having failed to prove title in themselves by adverse possession, could not question title of defendant and there was no error in judgment of trial court finding issues for defendant. Id., 327. Recognition will be given to expressed intent of parties to deed in which there is ambiguity. To determine meaning of what parties said, testimony of parties was permitted where granting and habendum clauses were patently ambiguous. Requirements for answer and judgment in actions to quiet title reviewed. 156 C. 12. Action may be brought under section by executor to determine validity of option to purchase her real estate given by decedent as section applies to personalty as well as realty. Id., 175. Right-of-way appurtenant cannot be created without dominant as well as servient estate; hence plaintiff has burden of proving her predecessor in title owned her land on date he reserved right-of-way in his deed to defendant's predecessor in title. Id., 387. Where executor seeks to institute action to quiet title to real property without alleging and proving that property is needed to settle claims against estate, requirements of section are not met, nor does his statutory power of "possession, care and control" over his decedents' realty alone amount to interest sufficient to satisfy requirements of section. 159 C. 371, 375, 376. Failure of defendant banks to plead the nature and extent of their interest in the property was not detrimental to any of the parties since the banks which took mortgages on the property admit the title of the mortgagor and therefore have an interest essentially identical to the other defendants. 175 C. 308, 310. Title to portion of proposed street could be acquired by adverse possession since town had not expressly or implicitly accepted it for public use. 180 C. 274, 275. Cited. 181 C. 367, 375; id., 454, 455. Cited. 183 C. 289, 292. Cited. 211 C. 36, 37. Cited. 215 C. 68, 70.
Statute is construed as requiring a determination of record title before issue of adverse possession is reached; standard of proof for proving title by adverse possession is "clear and positive proof". Court held "clear and positive" should be equated with "clear and convincing". 1 CA 481, 482, 488. Cited. 2 CA 715, 720. Cited. 3 CA 429, 431. Cited. 7 CA 522, 525. Cited. 10 CA 54, 58. Cited. 13 CA 101−104, 110. Cited. 27 CA 208, 211. Cited. 40 CA 404, 405. Cited. 42 CA 682. Cited. 43 CA 1. Cited. Id., 105. Cited. 44 CA 683. Sufficiency of chain of title tested. 49 CA 789.
Where party is seeking reformation of a recorded deed and not seeking an action to quiet title, he cannot be required to cite in a stranger to whom he has previously deeded the land. 13 CS 1. Cited. Id., 416; 15 CS 465. Defendant's demurrer attacking legal sufficiency of plaintiff's replication overruled. Parties should both file substituted pleadings which comply exactly with mandate of this section. 27 CS 349. Cited. 34 CS 31, 45. Cited. 42 CS 279, 286. Cited. 44 CS 189−191, 199, 204−206. Cited. 44 CS 451.
Circuit court lacks jurisdiction of actions to quiet title. 4 Conn. Cir. Ct. 15, 16, 21.
Subsec. (b):
Cited. 27 CA 208, 213. Cited. 42 CA 682.
Subsec. (c):
Cited. 40 CA 404, 407.
Subsec. (f):
Cited. 219 C. 36, 37.
Cited. 1 CA 481, 488. Cited. 13 CA 101, 110, 111.

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Sec. 47-32. Several defendants may be joined. In any action to quiet title to real estate or to have declared invalid and to discharge any encumbrance on real estate, the plaintiff may join several defendants and all causes of action relating to defects in the title to any property described in the complaint, claims against the property or affecting the title to it and encumbrances on the property. In such case, the defendant shall not be required to answer or plead to any allegation of the complaint or other pleadings of the plaintiff except such as affect or pertain to the claims or defenses which he desires to interpose. When any such action is brought to the Superior Court, the court shall have jurisdiction over all of the causes of action so joined.
(1949 Rev., S. 7121; P.A. 76-436, S. 647, 681; P.A. 79-602, S. 51.)
History: P.A. 76-436 deleted references to actions brought in court of common pleas, effective July 1, 1978; P.A. 79- 602 made minor changes in wording.
Cited. 110 C. 214; 147 C. 689.
Circuit court lacks jurisdiction of actions to quiet title. 4 Conn. Cir. Ct. 15, 16, 21.

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Sec. 47-33. Action to settle title to land belonging to estate of deceased person. (a) In any action brought to quiet the title to real estate or to have declared invalid or to discharge or to foreclose any mortgage or lien on real estate, if any record owner of the title to such property or any interest therein, or of property on which there is a cloud, is dead and no notice of his death or of the appointment of an executor of the will or administrator of the estate of the decedent can be found in the land records of the town in which the real estate is situated, it shall be presumed for the purpose of the action, if brought pursuant to the provisions of section 52-69, that there is no such executor or administrator unless it appears in the affidavit filed pursuant to the provisions of said section that the plaintiff or his attorney has actual knowledge to the contrary. If the plaintiff does not know whether the record owner is then living, he may make defendants in the alternative the record owner if living and, if the record owner is not living, the parties designated in said section.
(b) The term "heirs", as used in designating defendants pursuant to section 52-69, includes the heirs at law, legatees and devisees of the deceased, and all persons who might claim under them, and the term "widow" or "widower", as thus used, includes all persons who might claim under the widow or widower, and any of those persons may appear and defend.
(c) In any such action, if the complaint is verified by affidavit, or if affidavits of fact are filed in court, the court may render such judgment therein, against any defendant not appearing to defend the action, as may be proper upon the facts so set forth, at any time, at its discretion and without further proof.
(1949 Rev., S. 7122; P.A. 79-602, S. 52.)
History: P.A. 79-602 divided section into Subsecs. and made minor changes in wording.
Action against deceased person not brought in compliance with statute a nullity. 117 C. 47.
Cited. 30 CS 135.

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Sec. 47-33a. Action on agreement to sell real estate. (a) No interest in real property existing under an executory agreement for the sale of real property or for the sale of an interest in real property or under an option to purchase real property shall survive longer than one year after the date provided in the agreement for the performance of it or, if the date is not so provided, longer than eighteen months after the date on which the agreement was executed, unless the interest is extended as provided herein or unless action is commenced within the period to enforce the agreement and notice of lis pendens is filed as directed by section 52-325.
(b) The interest may be extended only by reexecution of the written agreement or by execution of a new written agreement, provided the agreement, whether reexecuted or newly executed, shall be recorded as directed by sections 47-10 and 47-17. The period provided by this section shall not otherwise be extended, whether because of death, disability or absence from the state or for any other reason. Upon the expiration of an interest the title to property affected by the interest shall not thereafter be considered unmarketable because of the expired interest.
(c) Nothing in this section shall be construed to limit or deny any legal or equitable rights a party may have under the agreement except the right to have the agreement specifically enforced.
(1959, P.A. 550; February, 1965, P.A. 401, S. 1; P.A. 79-602, S. 125.)
History: 1965 act applied Subsec. (a) provisions to options to purchase real property; P.A. 79-602 substituted "the" for "such" and "of it" for "thereof".
Cited. 174 C. 592, 597. Cited. 206 C. 454, 455. Cited. 213 C. 676, 677, 679. Cited. 216 C. 509−511. Cited. 220 C. 453, 454.
Cited. 6 CA 595, 602. Cited. 18 CA 569, 579, 580. Cited. 19 CA 413−416. Cited. 23 CA 579, 585. Cited. 40 CA 64, 65, 67, 70. Cited. 45 CA 466.
Subsec. (a):
Option to purchase contained in commercial lease which must be exercised within leasehold term valid without regard to rule against perpetuities. 213 C. 676, 677, 679−683.
Cited. 40 CA 64, 65, 67. Cited. 45 CA 466.
Subsec. (b):
Cited. 213 C. 676, 682.
Cited. 18 CA 569, 579. Cited. 45 CA 466.
Subsec. (c):
Cited. 19 CA 413, 416. Cited. 45 CA 466.
Cited. 3 Conn. Cir. Ct. 86.

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Sec. 47-33b. Marketable record title. Definitions. As used in sections 47-33b to 47-33l, inclusive:
(a) "Marketable record title" means a title of record which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in section 47-33e;
(b) "Records" means the land records of the town where the particular land is located;
(c) "Recorded" means recorded as provided by section 47-10 or section 49-5, as the case may be;
(d) "Person dealing with land" includes a purchaser of any estate or interest therein, a mortgagee, an attaching or judgment creditor, a land contract vendee, or any other person seeking to acquire an estate or interest therein, or impose a lien thereon;
(e) "Root of title" means that conveyance or other title transaction in the chain of title of a person, purporting to create or containing language sufficient to transfer the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it is recorded;
(f) "Title transaction" means any transaction affecting title to any interest in land, including, but not limited to, title by will or descent, by public sale, by trustee's, referee's, guardian's, executor's, administrator's, conservator's or committee deed, by warranty or quitclaim deed, by mortgage or by decree of any court.
(1967, P.A. 553, S. 1; 1969, P.A. 509, S. 1; P.A. 78-105, S. 1, 4.)
History: 1969 act redefined "root of title" to change marker date for most recent conveyance or other title transaction from sixty to forty years before time when marketability is being determined; P.A. 78-105 redefined "root of title" to include conveyances or title transactions "containing language sufficient to transfer" interest claimed.
Cited. 183 C. 59, 60. Marketable title act, Sec. 47-33b et seq. cited. 219 C. 81, 83−85, 87−89. Cited. 239 C. 199. Marketable Title Act cited. Id.
Cited. 3 CA 550, 553. Conn. Marketable Title Act cited. Id. Cited. 44 CA 683. Marketability of Title Act cited. Id. Sec. 47-33b et seq. cited. Id. Cited. 46 CA 525. Marketable Title Act Sec. 47-33b et seq. cited. Id.
Cited. 34 CS 31, 44.
Subsec. (d):
Cited. 3 CA 550, 554.
Subsec. (e):
Cited. 183 C. 59, 64. Cited. 219 C. 81, 85.

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Sec. 47-33c. Chain of title for not less than forty years creates marketable record title. Any person having the legal capacity to own land in this state, who has an unbroken chain of title to any interest in land for forty years or more, shall be deemed to have a marketable record title to that interest, subject only to the matters stated in section 47-33d. A person has such an unbroken chain of title when the land records of the town in which the land is located disclose a conveyance or other title transaction, of record not less than forty years at the time the marketability is to be determined, which conveyance or other title transaction purports to create such interest in land, or which contains language sufficient to transfer the interest, either in (1) the person claiming that interest, or (2) some other person from whom, by one or more conveyances or other title transactions of record, the purported interest has become vested in the person claiming the interest; with nothing appearing of record, in either case, purporting to divest the claimant of the purported interest.
(1967, P.A. 553, S. 2; 1969, P.A. 509, S. 2; P.A. 78-105, S. 2, 4; P.A. 79-602, S. 43.)
History: 1969 act applied section to cases where unbroken chain of title is at least forty rather than sixty years; P.A. 78-105 required that conveyance or title transaction contain "language sufficient to transfer the interest"; P.A. 79-602 made minor changes in wording.
Cited. 183 C. 59, 60, 63−65. Marketable title act, Sec. 47-33b et seq. cited. 219 C. 81, 83−85, 87−89. Cited. 239 C. 199. Marketable Title Act cited. Id.
Cited. 3 CA 550, 553. Conn. Marketable Title Act cited. Id. Cited. 44 CA 683. Marketability of Title Act cited. Id. Cited. 46 CA 525. Marketable Title Act Sec. 47-33b et seq. cited. Id.
Cited. 34 CS 31, 44.

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Sec. 47-33d. Interests to which title is subject. Such marketable record title is subject to: (1) All interests and defects which are created by or arise out of the muniments of which the chain of record title is formed; provided a general reference in the muniments, or any of them, to easements, use restrictions or other interests created prior to the root of title are not sufficient to preserve them, unless specific identification is made therein of a recorded title transact