CHAPTER 821*
LAND TITLES

      Sec. 47-1. Fee simple an absolute property. Colonial grants valid. Each proprietor in fee simple of lands has an absolute and direct dominion and property in the same, and all patents and grants of lands from the General Assembly of the colony of Connecticut, pursuant to the charter of Charles II, shall be sufficient evidence of a title in fee simple to the grantees, their heirs, successors and assigns forever.

      (1949 Rev., S. 7081.)

      Sec. 47-2. Charitable uses. All estates granted for the maintenance of the ministry of the gospel, or of schools of learning, or for the relief of the poor, or for the preservation, care and maintenance of any cemetery, cemetery lot or monuments thereon, or for any other public and charitable use, shall forever remain to the uses to which they were granted, according to the true intent and meaning of the grantor, and to no other use whatever.

      (1949 Rev., S. 7082.)

      Land conveyed to a society's committee, and their successors, passes to the successors. 2 R. 298. This statute was passed in 1684; but, as it did not appear in the printed statutes before the revision of 1702, it is generally called the statute of "1702". In 1821 the clause of the original act, exempting such property from taxation, was struck out. Who can take under this section, and what evidence is admissible to identify devisees. 2 R. 298; 6 C. 292; 11 C. 60; 15 C. 274; 16 C. 291; 23 C. 34; 92 C. 110; 98 C. 332. Diversion of fund to another charity illegal. 3 D. 450. Division of church lands between different societies. 4 D. 360. Deaf and dumb asylum a charity. 4 C. 172. "Estates" includes money at interest. 6 C. 227. When land given to charitable uses is exempt from taxation. 7 C. 335; 10 C. 490; 11 C. 251; 14 C. 228; 36 C. 116; 85 C. 674; 87 C. 474; 88 C. 241. Diversion of fund from charitable use by return to donors illegal. 12 C. 113; 54 C. 342; 67 C. 554. Bequest to unincorporated charitable institution sustained. 17 C. 181; And also a devise. 98 C. 333. No exemption from taxation under former exempting clause unless express terms of grant impress upon the land a perpetual sequestration for the pious or charitable use. 21 C. 481. Bequest to "pious indigent young men" void for uncertainty. 22 C. 50. Devise of land to a town, income to be used for repairing highways and bridges, is for a public and charitable use. 24 C. 350. Education of Indian and African youth a charitable use. 30 C. 113. Land devoted to charitable uses, and so exempt from taxation, when conveyed in fee, becomes taxable. Id., 160. Lease for 999 years for a gross sum is practically a conveyance in fee simple, and land is taxable; such a lease is in fraud of the statute. 31 C. 407; 72 C. 370. Property conveyed to charitable uses before 1821 is not taxable unless legislature expressly makes it so; property so conveyed after revision of 1821 is taxable. 38 C. 287. Land devoted to a public use cannot be taken for another inconsistent public use without legislative authority, express or necessarily implied. 43 C. 240. Lessee's taxable building on lessor's exempt land. 51 C. 259. What is sufficient description of class of beneficiaries. Id., 377; 52 C. 412; 54 C. 21; Id., 352; 55 C. 166; 57 C. 147; Id., 275; 63 C. 125; id., 378; 67 C. 566; 68 C. 527; 71 C. 122; 93 C. 351. Charitable trusts are favored; 67 C. 243; 68 C. 532; 93 C. 350; 102 C. 417; 113 C. 232; but if insufficiently created, equity cannot aid them. 82 C. 504. Trust to church of particular denomination is within statute. 67 C. 565; 98 C. 322. Trust cannot be terminated; but as to cy pres doctrine, see 67 C. 566; 85 C. 309; 99 C. 33. Incidental benefit to taxpayers does not take gift out of statute. 68 C. 527. Trusts for cemetery lots. 73 C. 58; Id., 678. Under gift to "Institution for, etc., in New York", "New York Society for" may take. Id., 670. Trust for benefit of destitute seamen; for a "home for ladies of advanced age". 74 C. 586. These trusts are not within the statute of perpetuities. Id.; 75 C. 86; 109 C. 544. Motive which leads one to establish trust is of no consequence. 74 C. 588. Gift to advent society to combat the idea of immortality. 75 C. 83. Improper acts of trustee will not terminate it. 85 C. 309. See generally, 74 C. 586. Effect of gift to a charitable corporation. Id., 586; 90 C. 592. Trust in aid of destitute children in a home. Id. Power of legislature to order sale of property devoted to charitable trust. 5 Wall. 119. Less certainty in description of ultimate beneficiaries necessary where gift goes to charitable corporation. 100 C. 517. Public charitable corporation need not qualify in probate court as testamentary trustee, when. Id., 520. Where recipients of public charity are unascertainable, attorney general must represent them. 106 C. 590. Cited. 108 C. 140; 138 C. 146. In the case of gifts to charities the ordinary rule against accumulations does not apply. 113 C. 205. No distinction in legal effect between a charitable and a religious use. Id., 232. What constitutes a "charitable use". 123 C. 549. Gift for establishment of chapel a charitable use. 126 C. 290. Ordinarily a bequest to such educational institutions as trustee may select is charitable. Id., 674. Acceptance of lands for use as a park charitable. 129 C. 112. There can be no essential change in the use of the land. 130 C. 527. The maintenance in perpetuity of testatrix's home as depository for the ashes of herself and daughter not a charitable use. 133 C. 728. Property once dedicated to use of a church of polity may not be diverted to the use of a church of a different polity. 137 C. 1. Does not mean that any particular piece of land which has once been used for a cemetery must continue forever to be used for that purpose. 138 C. 434. Cited. 151 C. 517. Court held that amount in excess of particular purpose was invalid and was intestate property. Id., 527. Statute did not impair state's sovereign power to condemn property accepted and dedicated as public park, but municipal owner is required to hold proceeds of condemnation award subject to substantially same restriction as that placed on lands by their dedication for park purposes. 154 C. 692. Discussed re restrictive covenant for use as addition to public school site, valuation when taken by eminent domain. 164 C. 337. Lands and property owned by a charitable organization devoted to a charitable public use may not be used for commercial purposes unless reasonably necessary to continue the charitable purpose of such organization. 168 C. 447. Cited. 172 C. 496. Cited. 209 C. 429. Cited. 225 C. 32.

      Any organization to be classed as a charitable organization under the statute must have the administration of charity as one of its ultimate purposes. A Masonic lodge which practices charity incidental to the accomplishment of its ultimate purpose is not such a charity. 4 CS 14. Testamentary trust for the erection and maintenance of a cemetery chapel to the memory of the testator's mother is not invalid because it is not limited to the period of perpetuities. 7 CS 251. Trust once established for any particular religious or charitable use remains for that use forever and to no other use whatever. 12 CS 352. Not essential to charitable character of use that only the mendicant, impecunious or poor receive its benefactions. 13 CS 372. This section passed in 1684. Sometimes variously known as the "Statute of Elizabeth" or as "The Statute of Charitable Uses" or as "The Statute of 1702". 17 CS 169. Applicability of cy pres doctrine or doctrine of approximation depends on proof of general dominant charitable intent to which particular expressed intent is secondary. 27 CS 176. Since adherence to settlors' religious limitation would defeat their dominant intent, doctrine of approximation should be invoked to allow trustees to ignore limitation. 28 CS 468.

      Sec. 47-3. When fee tail becomes fee simple. Each estate, given in fee tail, shall be an absolute estate in fee simple to the issue of the first donee in tail.

      (1949 Rev., S. 7083.)

      This section affirms the common law of Connecticut. K. 118; Id., 175; 1 R. 79, 96; 2 R. 39; 3 D. 332. Issue of donee in tail, during life of donee, has no right capable of being transferred by release deed. 7 C. 250; 51 C. 45; 66 C. 408. When a fee tail vests in the immediate descendant of a person in being. 9 C. 114. When a devise vests an estate tail in the devisee. 12 C. 328. When donee in tail liable upon covenants in a deed of warranty. 23 C. 349. Estate tail by implication. 66 C. 407; 72 C. 29; 125 C. 657. Provisions in wills construed. 68 C. 207; 78 C. 362; 124 C. 448; 127 C. 115. How estate in fee tail is created by deed or will; effect. 88 C. 296. Cited. 109 C. 540. "Issue" construed not to mean "children". 124 C. 448. This statute in terms provides for the invalidation of an estate tail by making it an estate in fee simple in the first donee in tail. 125 C. 661. Identity of the issue of the first donee in tail not ascertainable until death of donee. Id., 662. Meaning of word "issue" not the same as "immediate issue or descendants" in former statute against perpetuities. 127 C. 9.

      Sec. 47-4. Rule in Shelley's case, and collateral warranties, abolished. All grants or devises of an estate in lands, to any person for life and then to his heirs, shall be only an estate for life in the grantee or devisee. All collateral warranties of lands, made by any ancestor who had no estate of inheritance in the same, at the time of making such warranty, shall be void as against his heirs.

      (1949 Rev., S. 7084; P.A. 79-602, S. 6.)

      History: P.A. 79-602 made slight change in wording, splitting one sentence into two.

      Rule in Shelley's case formerly in force in Connecticut. 1 D. 299; 10 C. 448. Act of 1821 abolishing rule does not affect act of 1784 against perpetuities. 60 C. 499. Cited. 74 C. 636; 127 C. 10.

      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) 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 Attorney-in-Fact) L.S.

Name of Signatory

His/Her Attorney-in-Fact

      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.

      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.

      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.

      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.

      Sec. 47-6b. Conveyances to nonprofit land-holding organizations. (a) As used in this section:

      (1) "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, including, but not limited to, a land trust; and

      (2) "Conservation restriction" has the same meaning as provided in section 47-42a.

      (b) Any deed or other instrument of conveyance by which an interest in real property, including, but not limited to, a conservation restriction or easement, is conveyed to a nonprofit land-holding organization on or after October 1, 2004, shall, in addition to other requirements of law, be signed by a duly authorized officer of such nonprofit land-holding organization to indicate acceptance of such interest by the nonprofit land-holding organization.

      (c) Any person who conveys any interest in real property to a nonprofit land-holding organization on or after October 1, 2004, by a deed or other instrument of conveyance that is not signed by a duly authorized officer of such nonprofit land-holding organization as required under subsection (b) of this section shall be liable for a civil penalty in the amount of five hundred dollars. Any such conveyance shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.

      (P.A. 04-114, S. 1.)

      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).

      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.

      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.

      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.)

      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.

      Sec. 47-10. Conveyance to be recorded. Recorded conveyance not invalid or unenforceable if original documentation converted into digital or electronic form, lost or destroyed. (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 October 1, 2002, 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.

      (1949 Rev., S. 7091; P.A. 79-602, S. 35; P.A. 02-66, S. 1.)

      History: P.A. 79-602 restated provisions but made no substantive change; P.A. 02-66 designated existing provisions as Subsec. (a) and added Subsec. (b) re properly recorded conveyance not invalid or unenforceable if original documentation evidencing conveyance is converted into digital or electronic form or is lost or destroyed.

      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. Id., 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. Id., 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. Id. Recording of deed, defective in a statute requisite does not give notice. Id., 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. Id., 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. Id., 113. Casual knowledge of prior unrecorded mortgage does not charge notice thereof against party taking second mortgage on same land nine years later. Id., 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. Failure to discover record, no defense. 68 C. 305. Notice of building restriction by record. Id., 367. 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. 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. Withholding record of mortgage to uphold mortgagor's credit is fraudulent. 74 C. 367. Extent of notice by record. Id., 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. Id., 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. Recording mortgage of street railway. Id., 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. Cited. 109 C. 438. 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. Cited. 132 C. 554. 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. Cited. 207 C. 555. Cited. 219 C. 810. Cited. 221 C. 77.

      Cited. 5 CA 429. Cited. 31 CA 696. Cited. 33 CA 197. Cited. 35 CA 682. Cited. 41 CA 754. 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.

      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.

      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.

      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 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; 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.

      Cited. 211 C. 36.

      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.

      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.)

      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. Id., 229. Cited. 204 C. 502. 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.

      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.

      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. Cited. 204 C. 502. Cited. 219 C. 36.

      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.

      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.

      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.

      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.

      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. Sec. 47-14a et seq. cited. 204 C. 502.

      Cited. 28 CA 854; judgment reversed, see 228 C. 85.

      Cited. 28 CS 383. Cited. 42 CS 36.

      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. Cited. 224 C. 219.

      Cited. 29 CS 465.

      Subsec. (e):

      Subdiv. (2) cited. 40 CA 595.

      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.

      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.

      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. 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.

      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".

      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. Cited. 237 C. 613.

      Sec. 47-16a. Recording of certified copy of deed or other instrument recorded in land records of another town. The town clerk of any town shall accept for recording any certified copy of a deed or other instrument affecting real property located in such town and recorded in the land records of another town, provided such copy is certified by the town clerk of the other town to be a true copy of the original deed or other instrument recorded in such other town. When such certified copy is so recorded, it shall have the same effect as a record of the original deed or other instrument.

      (P.A. 04-132, S. 1.)

      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.

      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.

      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.)

      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 184b (Sec. 10-392 et seq.) re the Connecticut Commission on Culture and Tourism.

      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. Cited. 33 CA 197. 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.

      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.

      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. Id., 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. Id. 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. Id., 471; 20 C. 262. Actual possession by any one as owner is sufficient ouster of another. Id. 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. Ouster which will make deed void is same which is required to establish adverse possession. 135 C. 691. Cited. 137 C. 42. 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.

      Cited. 1 CA 481. Cited. 37 CA 153. 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. Cited. 4 CS 34. Cited. 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.

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

      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.

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

      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.

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

      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.

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

      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.

      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.

      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.

      Sec. 47-27. Title by adverse possession by or against railroad or street railway corporation, against nonprofit land-holding organization or against investor-owned water company. (a) No length of possession, 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, 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, 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 October 1, 2002. As used in this subsection, "water company" has the same meaning as provided in section 16-1.

      (1949 Rev., S. 7111; P.A. 99-64, S. 1, 2; P.A. 02-66, S. 3.)

      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; P.A. 02-66 made technical changes in Subsecs. (a) and (b) and added Subsec. (c) re adverse possession of class I or II land belonging to an investor-owned water company.

      Cited. 154 C. 674.

      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. Cited. 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.

      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. Parties' failure to comply with requirements of section by recording their agreement to arbitrate land dispute and subsequent arbitration award in town clerk's office did not deprive arbitrator and trial court of subject matter jurisdiction over case. Section's terms are not jurisdictional in nature as between parties to the initial dispute, and failure to record or follow directives of Sec. 47-5 affects the award only as it relates to third parties. 276 C. 599.

      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.

      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. Id., 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. Right to betterments cannot be reached by execution against land. 83 C. 346. Statute does not apply where there is no mistake as to ownership and money expended is that of true owner. 91 C. 13. 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.

      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 esta