CHAPTER 821a

FORMS OF DEEDS AND MORTGAGES

Table of Contents

Sec. 47-36a. Definitions.

Sec. 47-36b. Effect of conveyances made in accordance with chapter.

Sec. 47-36c. Statutory forms for deeds.

Sec. 47-36d. Force and effect of “Warranty Deed” form.

Sec. 47-36e. Force and effect of words “with warranty covenants”.

Sec. 47-36f. Force and effect of “Quitclaim Deed” form.

Sec. 47-36g. Force and effect of words “with quitclaim covenants”.

Sec. 47-36h. Force and effect of “Mortgage Deed” form.

Sec. 47-36i. Force and effect of the words “with mortgage covenants”.

Sec. 47-36j. Conditions included in the words “upon statutory condition”.

Sec. 47-36k. Technical words of inheritance not necessary.

Sec. 47-36l. Type of estate deemed to be included in conveyance.

Secs. 47-36m and 47-36n. Fees for recording statutory forms. Other legal forms of deeds and mortgages not precluded.

Sec. 47-36o. Force and effect of “Conservator’s Deed” form.

Sec. 47-36p. Force and effect of “Testamentary Trustee’s Deed” form.

Sec. 47-36q. Force and effect of “Administrator’s Deed” form.

Sec. 47-36r. Force and effect of “Executor’s Deed” form.

Sec. 47-36s. Force and effect of “Trustee’s Deed” form.

Secs. 47-36t to 47-36z. Reserved


Sec. 47-36a. Definitions. (a) As used in this chapter and section 47-5, (1) “his heirs, executors and administrators” means, in the case of a corporation, limited liability company or partnership, “its successors” and “his heirs and assigns” means, in the case of a corporation, limited liability company or partnership, “its successors and assigns”; (2) “grantor”, “grantee”, “releasor”, “releasee”, “mortgagor” and “mortgagee” include the plural and the masculine or feminine as the context requires and mean a natural person, a corporation, a limited liability company or a partnership; (3) “as joint tenants” means joint tenants with the right of survivorship as provided in section 47-14a; (4) “attorney” means a person acting pursuant to a power of attorney executed and acknowledged in the manner provided for conveyances.

(b) (1) The use of the word “grant” is not necessary to convey tenements and hereditaments, corporeal or incorporeal. (2) A conveyance to more than one grantee, releasee or mortgagee creates an estate or interest in them as tenants in common unless the words “as joint tenants” are added after their names.

(P.A. 75-309, S. 1, 2; P.A. 79-602, S. 11; P.A. 95-79, S. 168, 189; P.A. 00-196, S. 34.)

History: P.A. 79-602 changed wording to conform with format of definition sections elsewhere in statutes; P.A. 95-79 amended Subsec. (a) to include a limited liability company, effective May 31, 1995; P.A. 00-196 made a technical change in Subsec. (a).

Subsec. (b):

Subdiv. (1) cited. 2 CA 119.

Sec. 47-36b. Effect of conveyances made in accordance with chapter. Any conveyance made pursuant to this chapter, duly signed by the grantor, or the attorney of the grantor, or by a person duly authorized if the grantor is a corporation or partnership, conveys to the grantee all the possession, right, title, interest, estate, claim, demand or right of entry or action, of the grantor, absolutely in and to the land conveyed, unless otherwise expressly limited in estate, condition, use or trust and, if so otherwise limited, conveys the property for the time or estate or on the condition, use or trust as declared, without any other act or ceremony.

(P.A. 75-309, S. 5; P.A. 79-602, S. 23.)

History: P.A. 79-602 rephrased provisions and omitted reference to Secs. 47-5 and 47-5a.

Sec. 47-36c. Statutory forms for deeds. The forms set forth in this section may be used and are sufficient for their respective purposes. They shall be known as “Statutory Form” and may be referred to as such. Nothing in this chapter precludes the use of any other legal form of deed or mortgage.

WARRANTY DEED

.... of .... for consideration paid, grant to .... of .... with WARRANTY COVENANTS

(Description and Encumbrances, if any
and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

QUITCLAIM DEED

.... of .... for consideration paid, grant to .... of .... with QUITCLAIM COVENANTS

(Description and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

MORTGAGE DEED

.... of .... to secure payment of .... dollars with interest payable as provided in a certain promissory note dated .... with final maturity on .... grant to .... of .... with MORTGAGE COVENANTS ....

(Description and Encumbrances, if any
and any additional provisions)

This mortgage is made upon the STATUTORY CONDITION

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

ASSIGNMENT OF MORTGAGE

.... of .... for consideration paid, assign to .... all interest in a mortgage from .... to .... dated .... and recorded in Volume .... at Page .... of the .... Connecticut Land Records.

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

CONSERVATOR’S DEED

.... of .... conservator of the estate of ...., an incapable person, for consideration paid, grant to .... with CONSERVATOR’S COVENANTS

(Description and Encumbrances, if any
and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

TESTAMENTARY TRUSTEE’S DEED

.... of ...., trustee under article .... of the last will and testament ...., late of ...., .... duly qualified as trustee, for consideration paid, grant to .... with TESTAMENTARY TRUSTEE’S COVENANTS

(Description and Encumbrances if any
and any other provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

EXECUTOR’S DEED

.... of .... duly qualified and authorized executor of the last will and testament of .... late of .... for consideration paid, grant to .... with EXECUTOR’S COVENANTS

(Description and Encumbrances if any
and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

ADMINISTRATOR’S DEED

.... of .... duly qualified and authorized administrator of the estate of .... late of .... for consideration paid, grant to .... with ADMINISTRATOR’S COVENANTS

(Description and Encumbrances if any
and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

TRUSTEE’S DEED

.... of ...., trustee under ...., .... duly qualified as trustee, for consideration paid, grant to .... with TRUSTEE’S COVENANTS

(Description and Encumbrances if any
and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

(P.A. 75-309, S. 6; P.A. 78-210, S. 1; P.A. 79-209, S. 1; 79-602, S. 10; P.A. 03-75, S. 1.)

History: P.A. 78-210 added forms for conservator’s, testamentary trustee’s, executor’s and administrator’s deeds; P.A. 79-209 deleted word “WARRANTY” in executor’s deed form; P.A. 79-602 made minor change in wording of provision authorizing use of other legal forms of deed or mortgage; (Revisor’s note: In 2001 the references in this section to the date “19..” were changed editorially by the Revisors to “20..” to reflect the new millennium); P.A. 03-75 added form for trustee’s deed.

Cited. 207 C. 555.

Cited. 2 CA 119.

Sec. 47-36d. Force and effect of “Warranty Deed” form. A deed following the form entitled “Warranty Deed”, when duly executed, has the force and effect of conveying title in fee simple to the grantee, with covenants on the part of the grantor to the grantee, for himself and for his heirs, executors and administrators, (1) that at the time of delivery of the deed he is lawfully seized in fee simple of the granted premises, (2) that the granted premises are free from all encumbrances except as therein set forth, (3) that he has good right, full power and lawful authority to sell and convey the same to the grantee and (4) that the grantor shall, and his heirs, executors and administrators shall, warrant and defend the granted premises to the grantee and his assigns forever against the claims and demands of all persons, except as therein set forth.

(P.A. 75-309, S. 7; P.A. 79-602, S. 12.)

History: P.A. 79-602 made minor changes in wording but made no substantive changes.

Sec. 47-36e. Force and effect of words “with warranty covenants”. In any conveyance of real property the words “with warranty covenants” have the full force, meaning and effect of the following words: “The grantor covenants with the grantee that he is lawfully seized in fee simple of the granted premises; that the same are free from all encumbrances except as therein set forth, that he has good right, full power and lawful authority to sell and convey the same to the grantee and that the grantor shall, and his heirs, executors and administrators shall, warrant and defend the same to the grantee and his heirs and assigns forever against the claims and demands of all persons except as therein set forth.”

(P.A. 75-309, S. 8; P.A. 79-602, S. 13.)

History: P.A. 79-602 changed wording slightly but made no substantive changes.

Sec. 47-36f. Force and effect of “Quitclaim Deed” form. A deed entitled “Quitclaim Deed”, when duly executed, has the force and effect of a conveyance to the releasee of all the releasor’s right, title and interest in and to the property described therein except as otherwise limited therein, but without any covenants of title. A “Quitclaim Deed” may be used as a release of a mortgage, attachment, judgment lien or any other interest in real property.

(P.A. 75-309, S. 9; P.A. 79-602, S. 14.)

History: P.A. 79-602 substituted “has” for “shall have”.

Sec. 47-36g. Force and effect of words “with quitclaim covenants”. In any conveyance of real property the words “with quitclaim covenants” have the full force, meaning and effect of the following words: “The releasor, for himself and for his heirs and assigns, executors and administrators, covenants with the releasee and his heirs and assigns, that he and any other person or persons in his name and behalf or claiming under him shall not or will not hereafter claim or demand any right or title to the premises or any part thereof, but they and each of them shall be excluded and forever barred therefrom except as therein set forth.”

(P.A. 75-309, S. 10; P.A. 79-602, S. 15.)

History: P.A. 79-602 made minor change in wording but did not make substantive changes.

Sec. 47-36h. Force and effect of “Mortgage Deed” form. A deed following the form entitled “Mortgage Deed”, when duly executed, has the force and effect of a deed to the mortgagee in fee simple, subject to defeasance, with mortgage covenants, to secure the payment of money as well as the performance of any obligation or obligations therein specified or referred to; provided any other lawful covenants, agreement or condition may be inserted in the mortgage deed and any of the terms and provisions of said statutory mortgage covenants and conditions may be added to by any lawful agreement, covenant and condition specified in the mortgage deed.

(P.A. 75-309, S. 11; P.A. 79-602, S. 16.)

History: P.A. 79-602 substituted “has” for “shall have” and “the” for “such” where appearing.

Cited. 189 C. 212. Cited. 224 C. 563.

Cited. 20 CA 163.

Sec. 47-36i. Force and effect of the words “with mortgage covenants”. In any conveyance of real property the words “with mortgage covenants” have the full force, meaning and effect of the following words: “The mortgagor covenants with the mortgagee that he is lawfully seized in fee simple of the mortgaged premises; that the same are free from all encumbrances, except as therein set forth; that he has good right, full power and lawful authority to sell and convey the same to the mortgagee and that he, the mortgagor, and his heirs and assigns, executors and administrators shall and will warrant and defend the same to the mortgagee and his heirs and assigns forever against the claims and demands of all persons except as therein set forth.”

(P.A. 75-309, S. 12; P.A. 79-602, S. 17.)

History: P.A. 79-602 changed wording slightly but made no substantive changes.

Sec. 47-36j. Conditions included in the words “upon statutory condition”. In any mortgage deed of real property, the words “upon statutory condition” or similar language, include the following conditions: “Provided, and this conveyance is made upon the express condition, if the mortgagor or his heirs, executors, administrators or assigns shall pay to the mortgagee or his heirs, executors, administrators or assigns the principal and interest of that certain promissory note or notes secured by this deed, at the time provided in said promissory note or in this deed, and shall also pay all taxes and assessments of every kind levied or assessed upon or in respect of the mortgaged premises or upon the note or notes secured thereby, then this deed, and also said promissory note, shall be absolutely void; otherwise the same shall remain in full force and effect.”

(P.A. 75-309, S. 13; P.A. 79-602, S. 18.)

History: P.A. 79-602 deleted “shall be deemed to” preceding “include”.

Cited. 2 CA 119.

Sec. 47-36k. Technical words of inheritance not necessary. In any conveyance or reservation of real property or of any interest therein, the terms “heirs”, “assigns” or other technical words of inheritance are not necessary to convey or reserve an estate in fee simple. A conveyance or reservation of real property or of any interest therein conveys or reserves an estate in fee simple, unless otherwise expressly limited in the deed or reservation.

(P.A. 75-309, S. 14; P.A. 79-602, S. 5.)

History: P.A. 79-602 rephrased provisions but made no substantive change.

Sec. 47-36l. Type of estate deemed to be included in conveyance. In any conveyance of real property all rights, privileges and appurtenances belonging or appertaining to the granted or released estate are included in the conveyance, unless expressly stated otherwise in the conveyance and it is unnecessary to enumerate or mention them either generally or specifically.

(P.A. 75-309, S. 15; P.A. 79-602, S. 4.)

History: P.A. 79-602 made minor wording changes but made no substantive change.

Secs. 47-36m and 47-36n. Fees for recording statutory forms. Other legal forms of deeds and mortgages not precluded. Sections 47-36m and 47-36n are repealed.

(P.A. 75-309, S. 16, 17; P.A. 76-271, S. 2; P.A. 79-602, S. 132.)

Sec. 47-36o. Force and effect of “Conservator’s Deed” form. A deed following the form entitled “Conservator’s Deed”, when duly executed, has the force and effect of conveying to the grantee the fee simple title of an incapable person or such conservator upon an order of a court of probate authorizing and directing the conservator to sell at private sale the real estate owned by the incapable person, with covenants that (1) the conservator has full power and authority as such conservator to sell and convey the same to the grantee and (2) he and his successors shall warrant and defend the granted premises against all claims and demands of any person or persons claiming by or under such conservator.

(P.A. 78-210, S. 2; P.A. 79-602, S. 19.)

History: P.A. 79-602 substituted “has” for “shall have” and “the” for “such” or “said” where appearing.

Sec. 47-36p. Force and effect of “Testamentary Trustee’s Deed” form. A deed following the form entitled “Testamentary Trustee’s Deed”, when duly executed, has the force and effect of conveying to the grantee the fee simple title which a deceased person had at the time of his death, or which the trustee has pursuant to authority given in the last will and testament of a deceased person with covenants that (1) the trustee is duly qualified to act as trustee, (2) he has full power and authority as trustee to bargain and sell the described premises in manner and form as set forth, and (3) the trustee and his successors shall warrant and defend the granted premises against all claims and demands of any person claiming by, from or under the trustee.

(P.A. 78-210, S. 3; P.A. 79-209, S. 2; 79-602, S. 20.)

History: P.A. 79-209 made technical correction; P.A. 79-602 substituted “has” for “shall have” and “the” for “such” where appearing.

Sec. 47-36q. Force and effect of “Administrator’s Deed” form. A deed following the form entitled “Administrator’s Deed”, when duly executed, has the force and effect of conveying to the grantee the fee simple title which a deceased person had at the time of his death, or which such administrator has with covenants that (1) the administrator is duly qualified to act as administrator, (2) the administrator has full power and authority under and by virtue of an order of the Court of Probate to bargain and sell the described premises, and (3) the administrator and his successors shall warrant and defend the granted premises to the grantee against all claims and demands of any person or persons claiming under the administrator.

(P.A. 78-210, S. 4; P.A. 79-602, S. 21.)

History: P.A. 79-602 substituted “has” for “shall have” and “the” for “such” where appearing.

Sec. 47-36r. Force and effect of “Executor’s Deed” form. A deed following the form entitled “Executor’s Deed”, when duly executed, has the force and effect of conveying to the grantee the fee simple title which a deceased person had at the time of his death, or which the executor has with covenants that (1) the executor is duly qualified to act as executor, (2) the executor has full power and authority to bargain and sell the described premises pursuant to the terms of the last will and testament of the deceased person, or by virtue of an order of a court of probate, and (3) the executor and his successors shall warrant and defend the granted premises to the grantee against all claims and demands of any person claiming by, from or under the executor.

(P.A. 78-210, S. 5; P.A. 79-209, S. 3; 79-602, S. 22.)

History: P.A. 79-209 made technical correction, substituting “executor” for “administrator” at end of Subdiv. (3); P.A. 79-602 substituted “has” for “shall have” and “the” for “such” where appearing.

Sec. 47-36s. Force and effect of “Trustee’s Deed” form. A deed following the form entitled “Trustee’s Deed”, when duly executed, has the force and effect of conveying to the grantee the fee simple title which the trustee has pursuant to authority given in the trust instrument or by law with covenants that (1) the trustee is duly qualified to act as trustee, (2) the trustee has full power and authority as trustee to bargain and sell the described premises in manner and form as set forth, and (3) the trustee and the trustee’s successors shall warrant and defend the granted premises against all claims and demands of any person claiming by, from or under the trustee.

(P.A. 03-75, S. 2.)

Secs. 47-36t to 47-36z. Reserved for future use.