Connecticut Seal

Senate Bill No. 556

Public Act No. 02-66

AN ACT CONCERNING CERTAIN LAND RECORDS AND ADVERSE POSSESSION OF CLASS I AND CLASS II LAND BELONGING TO INVESTOR-OWNED WATER COMPANIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 47-10 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) 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.

(b) Any conveyance that is otherwise effective and properly recorded before, on or after the effective date of this section in accordance with subsection (a) of this section shall not be invalid or unenforceable because the original documentation evidencing such conveyance is converted into digital or electronic form or is lost or destroyed at any time after such recordation.

Sec. 2. Section 7-25 of the general statutes, as amended by public act 01-74, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Each town clerk shall, within five days after receipt of an instrument for record, enter the names of all the grantors in a grantor index and all the grantees in a grantee index, in alphabetical order, and cross-indexed as to the party first identified as grantor or grantee on the instrument, the nature of the instrument, the date of its receipt as endorsed upon the recorded instrument and thereafter, when available for entry, the book and page of such instrument or other suitable indication of its location approved by the Public Records Administrator. If such instrument is an assignment of mortgage, collateral assignment of mortgage, subordination of mortgage or other transfer of an interest in a mortgage, the mortgagor shall be deemed an additional grantor for purposes of this section. If such instrument is a grant or assignment of a mortgage to a party designated in the mortgage or assignment as the nominee for another, such nominee shall be deemed to be the grantee of such mortgage or assignment for purposes of this section. If such instrument affects real property, the index shall include a reference to the location of such property, if contained in such instrument. Such general index shall be a permanent public record.

Sec. 3. Section 47-27 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) No length of possession, [user] use 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] use 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] use 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.

(c) No length of possession, use or occupancy of land classified as class I or class II land under section 25-37c and belonging to an investor-owned water company shall create or continue any right in or to such land. The provisions of this subsection shall not affect any right in or to such land acquired by length of possession, use or occupancy pursuant to law prior to the effective date of this section. As used in this subsection, "water company" has the same meaning as provided in section 16-1, as amended.

Approved May 23, 2002