Table of Contents
Sec. 47-5. Conveyance to be in writing, acknowledged and attested. Conveyance pursuant to power of attorney.
Sec. 47-12a. Affidavit of facts relating to title or interest in real estate.
Sec. 47-5. Conveyance to be in writing, acknowledged and attested. Conveyance pursuant to power of attorney. (a) All conveyances of land shall be: (1) In writing;
(2) if the grantor is 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 attorney
authorized for that purpose by a power executed, acknowledged and witnessed in the
manner provided for conveyances or, if the grantor is a corporation, limited liability
company or partnership, subscribed by a duly authorized person; (3) acknowledged by
the grantor, his attorney or such duly authorized person to be his free act and deed; and
(4) attested to by two witnesses with their own hands.
(b) In addition to the requirements of subsection (a), 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 Attorney-in-Fact) L.S.
Name of Signatory
(c) Nothing in subsection (b) 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.)
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); P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005.
Deed was invalid because it lacked the signature of two witnesses. 87 CA 337.
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, and the happening of any condition or event which may terminate an estate
(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 re:CHY:cording 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.)
History: P.A. 79-602 restated provisions; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005.