Sec. 47-5. Requirements re conveyances of land. Conveyance pursuant to power of attorney.
Sec. 47-12a. Affidavit of facts relating to title or interest in real estate.
Sec. 47-5. Requirements re conveyances of land. Conveyance pursuant to power of attorney. (a) All conveyances of land shall be: (1) In writing; (2) if the grantor is (A) a natural person, subscribed, with or without a seal, by the grantor with his own hand or with his mark with his name annexed to it or by his agent authorized for that purpose by a power (i) executed, acknowledged and witnessed in the manner provided for conveyances, or (ii) executed, acknowledged and witnessed in the same manner provided for in section 1-350d, and subsection (a) of section 1-350r; or (B) a corporation, limited liability company or partnership, subscribed by a duly authorized person; (3) acknowledged by the grantor, his agent or such duly authorized person (A) to be his free act and deed, or (B) in any manner permitted under chapter 6 or chapter 8; and (4) attested to by two witnesses with their own hands.
(b) A document conveying land shall also include the current mailing address of the grantee.
(c) In addition to the requirements of subsection (a) of this section, the execution of a deed or other conveyance of real property pursuant to a power of attorney shall be deemed sufficient if done in substantially the following form:
Name of Owner of Record
By: (Signature of Agent) L.S.
Name of Signatory
His/Her Agent
(d) Nothing in subsection (c) of this section 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; P.A. 05-288, S. 160; P.A. 06-196, S. 176; P.A. 11-206, S. 1; P.A. 13-87, S. 1; P.A. 15-240, S. 50; P.A. 16-40, S. 9; P.A. 21-39, S. 9.)
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; 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)(2) to add “limited liability company”; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005; P.A. 06-196 made a technical change in Subsec. (b), effective June 7, 2006; P.A. 11-206 amended Subsec. (a)(3) to designate existing provisions re free act and deed as Subpara. (A) and add Subpara. (B) to permit acknowledgment in any manner permitted under Ch. 6 or 8; P.A. 13-87 added new Subsec. (b) re conveyance of land to include current mailing address of the grantee, redesignated existing Subsecs. (b) and (c) as Subsecs. (c) and (d) and made a technical change in redesignated Subsec. (d); P.A. 15-240 amended Subsec. (a) by substituting “agent” for “attorney” and amended Subsec. (c) by substituting “Agent” for “Attorney-in-Fact”, effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 50, from July 1, 2016, to October 1, 2016, effective May 27, 2016; P.A. 21-5 amended Subsec. (a)(2) by designating existing provision re natural person as Subpara. (A) and amending same to designate existing provision as clause (i) and add clause (ii) re executed, acknowledged and witnessed as provided in Secs. 1-350d and 1-350r(a), designating existing provision re corporation, limited liability corporation or partnership as Subpara. (B) and making a technical and conforming change.
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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) of this section 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, the happening of any condition or event which may terminate an estate or interest, unlawful restrictive covenants and any other state of facts affecting title to real property.
(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; P.A. 05-288, S. 161; P.A. 16-194, S. 2; P.A. 21-173, S. 2.)
History: P.A. 79-602 restated provisions; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005; P.A. 16-194 amended Subsec. (b) by adding “and any other state of facts affecting title to real property” and making a technical change; P.A. 21-173 amended Subsec. (b) by adding “, unlawful restrictive covenants”, effective July 1, 2021.
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Sec. 47-12b. Unlawful restrictive covenants void. Affidavit or form re unlawful restrictive covenants. (a) For purposes of this section, “unlawful restrictive covenant” means a covenant or other provision in an instrument affecting the title to real property that purports to restrict ownership or occupancy of such real property on the basis of race.
(b) Any unlawful restrictive covenant contained in any instrument affecting title to real property that is recorded in the land records of any municipality shall be void. If an unlawful restrictive covenant is contained in any instrument affecting title to real property that also contains any other covenant or provision that is not an unlawful restrictive covenant, the validity and enforceability of the remaining covenants or provisions, as well as the validity of the recorded instrument itself, shall not be affected by the voiding of the unlawful restrictive covenant.
(c) Any owner of real property who identifies an unlawful restrictive covenant in an instrument recorded on the land records that relates to real property owned by such person may file either an affidavit pursuant to section 47-12a or a form described in subsection (f) of this section, with the town clerk in the municipality where the real property is located, identifying the existence of such unlawful restrictive covenant. Such affidavit or form shall (1) be in the form required by section 47-12a; (2) identify the volume and page of the land records for the instrument or instruments that contain the unlawful restrictive covenant; and (3) state that the affidavit or form is being filed to carry out the provisions of this section. Failure to file such affidavit or form shall not otherwise affect the invalidity of the unlawful restrictive covenant under this section. The town clerk shall record such affidavit or form, and, to the extent practicable, notate the indices to the land records accordingly to reflect the invalidity of the unlawful restrictive covenant. No town clerk may assess any recording fee for the filing of such affidavit or form.
(d) A reference in any recorded instrument affecting title to real property, or in any other document, including, but not limited to, a report, opinion, contract or insurance policy, to covenants, conditions, restrictions or provisions contained in an instrument previously recorded in the land records, shall not constitute a revival, reinstatement or republication of an unlawful restrictive covenant. Any affidavit or other form recorded in connection with this section is not an encumbrance on the real property.
(e) If a person causes an affidavit or a form to be recorded under subsection (c) of this section that is not in fact authorized by this section, the town clerk and the municipality shall not be liable for any damages resulting from the recording of the affidavit or form pursuant to this section. Any liability that may result by a recording that is not authorized in fact by subsection (c) of this section shall be the sole responsibility of the person who caused the affidavit or form to be recorded.
(f) Not later than December 1, 2021, the Office of Policy and Management shall develop a standardized form for the purposes of subsection (c) of this section. The town clerk in each municipality shall (1) make such form available on the Internet web site of the municipality and in the area of the town clerk's office where land records are kept, and (2) post a notice informing the public of the provisions of this section in the area of the town clerk's office where land records are kept.
(P.A. 21-173, S. 1.)
History: P.A. 21-173 effective July 1, 2021.
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