reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 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.
At common law, betterments could be set off against a claim for the mesne profits. 5 Coke Rep. 30; 8 Wheat. 1. 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 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.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-31a. - Petition to invalidate land record that was falsely filed or amended.

(a) A person, as defined in section 42a-1-201, who has been identified in a filing pursuant to chapters 821 to 822, inclusive, may petition the Tax and Administrative Appeals Session of the Superior Court to invalidate such filing, or any amendment thereof, when such filing was falsely filed or amended. The court shall review such petition and determine whether cause exists to doubt the validity of such filing or amendment. Upon a determination that such cause exists, the court shall, not later than sixty days after the date of such determination, hold a hearing to determine whether to invalidate such filing or amendment or grant any other relief deemed appropriate by the court. There shall be no fee to petition for a hearing under this section. The person petitioning the court to invalidate a filing shall send a copy of such petition to all parties named in such filing.
(b) A person who files a petition under subsection (a) of this section shall include, as part of such petition, a certified copy of the filing, and any amendment thereof, that such person seeks to invalidate.
(c) In determining whether cause exists to doubt the validity of a filing or amendment under subsection (a) of this section, the court may consider factors that include, but are not limited to, whether (1) the filing or amendment is related to a valid existing commercial, financial or real estate transaction, or a potential commercial, financial or real estate transaction, or a judgment of a court of competent jurisdiction; (2) the same individual is named as both debtor and creditor; (3) an individual is named as a transmitting utility; and (4) the filing or amendment has been filed with the intent to defraud, deceive, injure or harass a person, business or governmental entity.
(d) If the court determines after a hearing that a filing identified in a petition filed pursuant to subsection (a) of this section is not valid, the court shall render a judgment that such filing is void in its entirety and shall direct the custodian of such filing, when feasible, to note that such filing is not valid. The court may grant such other relief as it deems appropriate. The petitioner under subsection (a) of this section shall provide a copy of the petition and the judgment of the court granting such petition to the custodian of the filing adjudged invalid by the court.
(P.A. 17-99, S. 48.)
History: P.A. 17-99 effective January 1, 2018.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-32. - Several defendants may be joined.

In any action to quiet title to real estate or to have declared invalid and to discharge any encumbrance on real estate, the plaintiff may join several defendants and all causes of action relating to defects in the title to any property described in the complaint, claims against the property or affecting the title to it and encumbrances on the property. In such case, the defendant shall not be required to answer or plead to any allegation of the complaint or other pleadings of the plaintiff except such as affect or pertain to the claims or defenses which he desires to interpose. When any such action is brought to the Superior Court, the court shall have jurisdiction over all of the causes of action so joined.
(1949 Rev., S. 7121; P.A. 76-436, S. 647, 681; P.A. 79-602, S. 51.)
History: P.A. 76-436 deleted references to actions brought in court of common pleas, effective July 1, 1978; P.A. 79-602 made minor changes in wording.
Cited. 110 C. 214; 147 C. 689.
Circuit court lacks jurisdiction of actions to quiet title. 4 Conn. Cir. Ct. 15, 16, 21.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33. - Action to settle title to land belonging to estate of deceased person.

(a) In any action brought to quiet the title to real estate or to have declared invalid or to discharge or to foreclose any mortgage or lien on real estate, if any record owner of the title to such property or any interest therein, or of property on which there is a cloud, is dead and no notice of his death or of the appointment of an executor of the will or administrator of the estate of the decedent can be found in the land records of the town in which the real estate is situated, it shall be presumed for the purpose of the action, if brought pursuant to the provisions of section 52-69, that there is no such executor or administrator unless it appears in the affidavit filed pursuant to the provisions of said section that the plaintiff or his attorney has actual knowledge to the contrary. If the plaintiff does not know whether the record owner is then living, he may make defendants in the alternative the record owner if living and, if the record owner is not living, the parties designated in said section.
(b) The term “heirs”, as used in designating defendants pursuant to section 52-69, includes the heirs at law, legatees and devisees of the deceased, and all persons who might claim under them, and the term “widow” or “widower”, as thus used, includes all persons who might claim under the widow or widower, and any of those persons may appear and defend.
(c) In any such action, if the complaint is verified by affidavit, or if affidavits of fact are filed in court, the court may render such judgment therein, against any defendant not appearing to defend the action, as may be proper upon the facts so set forth, at any time, at its discretion and without further proof.
(1949 Rev., S. 7122; P.A. 79-602, S. 52.)
History: P.A. 79-602 divided section into Subsecs. and made minor changes in wording.
Action against deceased person not brought in compliance with statute a nullity. 117 C. 47.
Cited. 30 CS 135.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33a. - Action on agreement to sell real estate.

(a) No interest in real property existing under an executory agreement for the sale of real property or for the sale of an interest in real property or under an option to purchase real property shall survive longer than one year after the date provided in the agreement for the performance of it or, if the date is not so provided, longer than eighteen months after the date on which the agreement was executed, unless the interest is extended as provided herein or unless action is commenced within the period to enforce the agreement and notice of lis pendens is filed as directed by section 52-325.
(b) The interest may be extended only by reexecution of the written agreement or by execution of a new written agreement, provided the agreement, whether reexecuted or newly executed, shall be recorded as directed by sections 47-10 and 47-17. The period provided by this section shall not otherwise be extended, whether because of death, disability or absence from the state or for any other reason. Upon the expiration of an interest the title to property affected by the interest shall not thereafter be considered unmarketable because of the expired interest.
(c) Nothing in this section shall be construed to limit or deny any legal or equitable rights a party may have under the agreement except the right to have the agreement specifically enforced.
(1959, P.A. 550; February, 1965, P.A. 401, S. 1; P.A. 79-602, S. 125.)
History: 1965 act applied Subsec. (a) provisions to options to purchase real property; P.A. 79-602 substituted “the” for “such” and “of it” for “thereof”.
Cited. 174 C. 592; 206 C. 454; 213 C. 676; 216 C. 509; 220 C. 453.
Cited. 6 CA 595; 18 CA 569; 19 CA 413; 23 CA 579; 40 CA 64; 45 CA 466.
Cited. 3 Conn. Cir. Ct. 86.
Subsec. (a):
Option to purchase contained in commercial lease which must be exercised within leasehold term valid without regard to rule against perpetuities. 213 C. 676.
Death of grantor is a specific event that may act as the operative date where no date for exercising an option is otherwise provided. 57 CA 636. “Interest” is plaintiff's ability to purchase the property and seek specific performance once the option has been exercised. 100 CA 155.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33b. - Marketable record title. Definitions.

As used in sections 47-33b to 47-33l, inclusive:
(a) “Marketable record title” means a title of record which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in section 47-33e;
(b) “Records” means the land records of the town where the particular land is located;
(c) “Recorded” means recorded as provided by section 47-10 or section 49-5, as the case may be;
(d) “Person dealing with land” includes a purchaser of any estate or interest therein, a mortgagee, an attaching or judgment creditor, a land contract vendee, or any other person seeking to acquire an estate or interest therein, or impose a lien thereon;
(e) “Root of title” means that conveyance or other title transaction in the chain of title of a person, purporting to create or containing language sufficient to transfer the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it is recorded;
(f) “Title transaction” means any transaction affecting title to any interest in land, including, but not limited to, title by will or descent, by public sale, by trustee's, referee's, guardian's, executor's, administrator's, conservator's or committee deed, by warranty or quitclaim deed, by mortgage or by decree of any court.
(1967, P.A. 553, S. 1; 1969, P.A. 509, S. 1; P.A. 78-105, S. 1, 4.)
History: 1969 act redefined “root of title” to change marker date for most recent conveyance or other title transaction from 60 to 40 years before time when marketability is being determined; P.A. 78-105 redefined “root of title” to include conveyances or title transactions “containing language sufficient to transfer” interest claimed.
Cited. 183 C. 59; 219 C. 81; 239 C. 199. Reaffirmed previous holdings that Marketable Title Act extinguishes only those property interests that once existed and cannot be used to create an easement where grantor had no legal right to make the grant. 254 C. 502. Trial court properly determined that Marketable Title Act was not a special defense that had to be pleaded affirmatively by defendants, and it properly placed on plaintiff the burden of proving validity of easement under the act. 270 C. 487.
Cited. 3 CA 550; 44 CA 683; 46 CA 525. Marketable Title Act applies and renders void an equitable claim to a constructive trust in farm. 130 CA 100.
Cited. 34 CS 31. Vague and general reference to “right of way” in chain of title is insufficient notice of existence of an easement and therefore null and void under Marketable Title Act; the reason that a general reference to pre-root of title interests is not sufficient to preserve or prevent extinguishment of those interests is to avoid necessity to search record back to the root of title, as well as to eliminate uncertainties caused by such general references. 51 CS 399.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33c. - Chain of title for not less than forty years creates marketable record title.

Any person having the legal capacity to own land in this state, who has an unbroken chain of title to any interest in land for forty years or more, shall be deemed to have a marketable record title to that interest, subject only to the matters stated in section 47-33d. A person has such an unbroken chain of title when the land records of the town in which the land is located disclose a conveyance or other title transaction, of record not less than forty years at the time the marketability is to be determined, which conveyance or other title transaction purports to create such interest in land, or which contains language sufficient to transfer the interest, either in (1) the person claiming that interest, or (2) some other person from whom, by one or more conveyances or other title transactions of record, the purported interest has become vested in the person claiming the interest; with nothing appearing of record, in either case, purporting to divest the claimant of the purported interest.
(1967, P.A. 553, S. 2; 1969, P.A. 509, S. 2; P.A. 78-105, S. 2, 4; P.A. 79-602, S. 43.)
History: 1969 act applied section to cases where unbroken chain of title is at least 40 rather than 60 years; P.A. 78-105 required that conveyance or title transaction contain “language sufficient to transfer the interest”; P.A. 79-602 made minor changes in wording.
Cited. 183 C. 59; 219 C. 81; 239 C. 199. In order to establish marketable record title, a person with the legal capacity of owning land in this state must be able to show an unbroken chain of title to an interest in the land for 40 years or more. 276 C. 782.
Cited. 3 CA 550; 44 CA 683; 46 CA 525.
Cited. 34 CS 31.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33e. - Prior interests void.

Subject to the matters stated in section 47-33d, such marketable record title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims or charges whatsoever, the existence of which depends upon any act, transaction, event or omission that occurred prior to the effective date of the root of title. All such interests, claims or charges, however denominated, whether legal or equitable, present or future, whether those interests, claims or charges are asserted by a person sui juris or under a disability, whether that person is within or without the state, whether that person is natural or corporate, or is private or governmental, are hereby declared to be null and void.
(1967, P.A. 553, S. 4; P.A. 79-602, S. 45.)
History: P.A. 79-602 substituted “those” or “that” for “such” where appearing.
Cited. 183 C. 59; 219 C. 81; 239 C. 199.
Cited. 3 CA 550; 44 CA 683; 46 CA 525.
Cited. 34 CS 31.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33f. - Notice of claim filed within forty-year period.

(a) Any person claiming an interest of any kind in land may preserve and keep effective that interest by recording, during the forty-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in writing, duly verified by oath, setting forth the nature of the claim. No disability or lack of knowledge of any kind on the part of anyone suspends the running of the forty-year period. Such notice may be recorded by the claimant or by any other person acting on behalf of any claimant who is: (1) Under a disability, (2) unable to assert a claim on his own behalf or (3) one of a class, but whose identity cannot be established or is uncertain at the time of filing such notice of claim for record.
(b) If the same record owner of any possessory interest in land has been in possession of that land continuously for a period of forty years or more, during which period no title transaction with respect to the interest appears of record in his chain of title and no notice has been recorded by him or on his behalf as provided in subsection (a) of this section, and the possession continues to the time when marketability is being determined, that period of possession shall be deemed equivalent to the recording of the notice immediately preceding the termination of the forty-year period described in subsection (a) of this section.
(1967, P.A. 553, S. 5; 1969, P.A. 509, S. 4; P.A. 79-602, S. 46.)
History: 1969 act replaced references to 60-year period with 40-year period throughout section; P.A. 79-602 made minor changes in wording but no substantive changes.
Cited. 171 C. 149; 183 C. 59; 219 C. 81; 239 C. 199.
Cited. 3 CA 550; 44 CA 683; 46 CA 525.
Cited. 34 CS 31.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33g. - Contents of notice. Recording. Indexing.

(a) To be effective and to be entitled to recordation, the notice referred to in section 47-33f shall contain an accurate and full description of all land affected by the notice, which description shall be set forth in particular terms and not by general inclusions; but, if the claim asserted under section 47-33f is founded upon a recorded instrument, the description in the notice may be the same as that contained in the recorded instrument. In addition, each notice shall clearly state the then owner or owners of record of the property involved.
(b) Each notice shall be recorded in the land records of the town where the land described therein is located. The notice shall be indexed in the grantors' index under the name or names of the owners of record as listed in the notice and in the grantees' index under the name of the claimant appearing in the notice.
(1967, P.A. 553, S. 6; P.A. 79-602, S. 47.)
History: P.A. 79-602 divided section into Subsecs. and made minor changes in wording.
Cited. 183 C. 59; 219 C. 81; 239 C. 199.
Cited. 3 CA 550; 44 CA 683; 46 CA 525.
Cited. 34 CS 31.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33h. - Excepted interests.

Sections 47-33b to 47-33l, inclusive, shall not be applied to bar any lessor or successor of the lessor as a reversioner of the right to possession on the expiration of any lease or to bar or extinguish any easement or interest in the nature of an easement, or any rights granted, excepted or reserved by the instrument creating such easement or interest, including any right for future use, if (1) the existence of such easement or interest is evidenced by the location beneath, upon or above any part of the land described in such instrument of any pipe, valve, road, wire, cable, conduit, duct, sewer, track, hole, tower or other physical facility and whether or not the existence of such facility is observable, or to bar, extinguish or otherwise affect any interest of the United States, of this state or any political subdivision thereof, of any public service company as defined in section 16-1 or of any natural gas company, or (2) such easement or interest is a conservation restriction, as defined in section 47-42a, that is held by a land trust or nonprofit organization.
(1967, P.A. 553, S. 7; P.A. 78-331, S. 18, 58; P.A. 01-118, S. 3.)
History: P.A. 78-331 corrected misspelling, substituting “excepted” for “accepted”; P.A. 01-118 made technical changes for purposes of gender neutrality and added provisions re exception for easements or interests that are conservation restrictions and are held by a land trust or nonprofit organization.
Cited. 183 C. 59; 219 C. 81; 239 C. 199. Trial court properly concluded that pursuant to Subdiv. (1), the easement over plaintiff's property as of 1996 deed was limited to the fixed location of 3 existing conduits, which constituted partial exercise of the easement, and that because plaintiff failed to present sufficient evidence of damages resulting from partial encumbrance of the property, defendants were entitled to a directed verdict. 270 C. 487.
Cited. 3 CA 550; 44 CA 683; 46 CA 525. Section's use of “other physical facility” refers to those physical objects that evidence an easement that themselves effectuate the easement itself and includes all of the items enumerated in the section, but does not include dissimilar items that may be found on a property that are not set forth in the section or otherwise within the class of those items, which are only, at best, mere indirect, possible indicators of an easement. 169 CA 653.
Cited. 34 CS 31.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33i. - Other statutes not affected.

Nothing contained in sections 47-33b to 47-33l, inclusive, shall be construed to extend the period for bringing an action or for doing any other required act under any statute of limitation, nor, except as herein specifically provided, to affect the operation of any statute governing the effect of the recording or the failure to record any instrument affecting land.
(1967, P.A. 553, S. 8.)
Cited. 183 C. 59; 219 C. 81; 239 C. 199.
Cited. 3 CA 550; 44 CA 683; 46 CA 525.
Cited. 34 CS 31.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33j. - Notice not to be recorded to slander title. Damages.

No person may use the privilege of recording notices under sections 47-33f and 47-33g for the purpose of slandering the title to land. In any action brought for the purpose of quieting title to land, if the court finds that any person has recorded a claim for that purpose only, the court shall award the plaintiff all the costs of the action, including such attorneys' fees as the court may allow to the plaintiff, and in addition, shall decree that the defendant asserting the claim shall pay to the plaintiff all damages the plaintiff may have sustained as the result of such notice of claim having been so recorded.
(1967, P.A. 553, S. 9; P.A. 79-602, S. 48.)
History: P.A. 79-602 restated provisions and added specific references to Secs. 47-33f and 47-33g.
Cited. 183 C. 59; 219 C. 81; 239 C. 199.
Cited. 3 CA 550; 31 CA 87; 44 CA 683; 46 CA 525. Plaintiff was not required to prove that it demanded that defendants release the mortgages in order to prove slander of title. 144 CA 624. Sec. 52-577 provides appropriate limitations period for slander of title claim under section, and limitations period begins to run at occurrence of act complained of, in this case, at recording of deed and survey. 185 CA 627.
Cited. 34 CS 31.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33k. - Construction.

Sections 47-33b to 47-33l, inclusive, shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in section 47-33c, subject only to such limitations as appear in section 47-33d.
(1967, P.A. 553, S. 10; P.A. 79-602, S. 49.)
History: P.A. 79-602 made no substantive change.
Cited. 183 C. 59; 219 C. 81; 239 C. 199.
Cited. 3 CA 550; 44 CA 683; 46 CA 525.
Cited. 34 CS 31.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33l. - Forty-year period extended, when.

If the forty-year period specified in sections 47-33b to 47-33k, inclusive, has expired prior to two years after July 1, 1969, such period shall be extended two years after July 1, 1969.
(1967, P.A. 553, S. 11; 1969, P.A. 509, S. 5.)
History: 1969 act replaced 60-year period with 40-year period and “January 1, 1968” with “July 1, 1969”.
Cited. 183 C. 59; 239 C. 199.
Cited. 3 CA 550; 44 CA 683; 46 CA 525.
Cited. 34 CS 31.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33n. - Dormant Mineral Interests Act: Statement of policy.

(a) The public policy of this state is to enable and encourage marketability of real property and to mitigate the impact of dormant mineral interests on the full use and development of both surface estate and mineral interests in the property.
(b) Sections 47-33m to 47-33t, inclusive, shall be construed to effectuate their purpose to provide a means for termination of dormant mineral interests in real property that impair marketability of the property.
(P.A. 87-283, S. 2.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33o. - Dormant Mineral Interests Act: Definitions.

As used in sections 47-33m to 47-33t, inclusive:
(1) “Mineral interest” means an interest in a mineral estate, however created and regardless of form, whether absolute or fractional, divided or undivided, corporeal or incorporeal, including a fee simple or any lesser interest or any kind of royalty, production payment, executive right, nonexecutive right, leasehold or security interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic.
(2) “Minerals” includes oil, gas, coal, other liquid, gaseous and solid hydrocarbons, oil shale, cement material, sand and gravel, road material, building stone, chemical substances, gemstones, metallic ores, fissionable ores and nonfissionable ores, colloidal or other clays, steam or other geothermal resources, and any other substances defined as minerals by the law of this state.
(3) “Mineral estate” means any interest in or ownership of minerals which are or may be situated in, on or under land, the fee estate of which is owned by any other person or entity. The term “mineral estate” includes, but is not limited to, a fee interest, a leasehold interest, a life use and any term which is measured by the life of another or by the happening of a future event, whether contingent or noncontingent, and includes any easement or license in, over and across the land in which the minerals are located for the purpose of obtaining access to and removing the minerals.
(P.A. 87-283, S. 3.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33p. - Dormant Mineral Interests Act: Exclusions.

(a) Sections 47-33m to 47-33t, inclusive, do not apply to:
(1) A mineral interest of the United States or an Indian tribe, except to the extent permitted by federal law.
(2) A mineral interest of this state or an agency or political subdivision of this state, except to the extent permitted by state law other than sections 47-33m to 47-33t, inclusive.
(b) Sections 47-33m to 47-33t, inclusive, do not affect water rights.
(c) Sections 47-33m to 47-33t, inclusive, do not affect the meaning of the terms “minerals”, “mineral interest”, or “mineral estate” for purposes other than said sections.
(P.A. 87-283, S. 4.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33r. - Dormant Mineral Interests Act: Preservation of mineral interest by notice.

(a) Any person claiming any kind of mineral interest may preserve and keep effective that interest by recording a notice of intent to preserve the mineral interest or a part thereof. The mineral interest is preserved in each town in which the notice is recorded. A mineral interest is not dormant for the purposes of sections 47-33m to 47-33t, inclusive, if a notice in accordance with this section is recorded within twenty years immediately preceding commencement of an action to terminate the mineral interest, or pursuant to subsection (b) of section 47-33q after commencement of the action. Such notice may be recorded by the owner of the mineral interest or by any other person acting on behalf of any owner of such interest who is: (1) Under a disability, (2) unable to assert a claim with respect to the mineral interest on his own behalf or (3) one of a class whose identity cannot be established or is uncertain at the time of recording such notice.
(b) The notice may be executed by or on behalf of a co-owner for the benefit of any or all co-owners or on behalf of the owner for the benefit of any or all persons claiming under the owner or persons under whom the owner claims.
(c) To be effective and to be entitled to recordation, the notice referred to in section 47-33q shall contain the following:
(1) An accurate and full description of all land affected by the notice, which description shall be set forth in particular terms, and not by general inclusions; but, if the mineral interest asserted under section 47-33q is founded upon a recorded instrument which creates, reserves or evidences the mineral interest, the description of the land affected by the notice may be the same as the description of the land subject to the mineral interest as contained in that recorded instrument.
(2) The then owner or owners of record of the fee simple interest of the land described in and affected by the notice.
(3) A full and complete description of the mineral interest which is claimed.
(4) A reference to any recorded instrument or instruments which created, reserved or otherwise evidenced the mineral interest, stating the names of the parties to each such instrument, the date of each such instrument and the volume and page of the land records where the instrument is recorded. If the mineral interest claimed was not created by or reserved in or evidenced by a recorded instrument, the basis of the claimant's title in the mineral interest described in the notice shall be set forth with particularity.
(P.A. 87-283, S. 6.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33s. - Dormant Mineral Interests Act: Effect of termination of mineral interest.

A court order or decree terminating a mineral interest, when recorded, merges the terminated mineral interest, including express and implied appurtenant surface rights and obligations, with the surface estate in shares proportionate to the ownership of the surface estate, subject to existing tax liens or assessments.
(P.A. 87-283, S. 7.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-33t. - Dormant Mineral Interests Act: Savings and transitional provisions.

(a) Except as otherwise provided in sections 47-33m to 47-33t, inclusive, upon October 1, 1987, apply to all mineral interests, whether created before, on or after October 1, 1987.
(b) An action may not be maintained to terminate a mineral interest pursuant to sections 47-33m to 47-33t, inclusive, until two years after October 1, 1987.
(c) Sections 47-33m to 47-33t, inclusive, do not limit or affect any other procedure provided by law for extinguishing an abandoned or dormant mineral interest.
(P.A. 87-283, S. 8.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-34. - Bounds between proprietors reestablished by Superior Court.

When the boundaries of lands between adjoining proprietors have been lost or become uncertain and they cannot agree to establish the boundaries, one or more of them may bring a complaint to the superior court for the judicial district in which the lands or a portion of them are situated. The court may, upon the complaint, order the lost and uncertain bounds to be erected and established and may appoint a committee of not more than three disinterested property owners. The committee shall give notice to all parties interested in the lands to appear before it and, having been sworn, shall inquire into the facts and erect and establish the lost and uncertain bounds and may employ a surveyor to assist therein and shall report the facts and their doings to the court. If the court finds that the parties were duly notified, it may confirm such doings; and certified copies of the report and decree shall be recorded in the records of the town in which the lands are situated, and the bounds, so erected and established, shall be the bounds between the proprietors.
(1949 Rev., S. 7126; P.A. 78-280, S. 2, 127; P.A. 79-602, S. 53; P.A. 80-483, S. 125, 186.)
History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 79-602 restated provisions; P.A. 80-483 made technical grammatical correction.
Consideration of what is a lost boundary, and various other points under section. 31 C. 433; 35 C. 118. Committee may report conclusion as to boundary without detailing the facts. 33 C. 154. Party to proceeding under section estopped from claiming contrary to finding of committee. 52 C. 23. Surveyor employed under section should be as disinterested as committee. 67 C. 345. Finding by committee that boundaries not lost is conclusive. 87 C. 70. Admissibility of declarations of deceased persons concerning boundaries. 105 C. 147. Cited. 178 C. 258; 179 C. 574.
Committee does not deal with title; mission is to establish from evidence lost boundary lines or those which have disappeared. 12 CA 549.
Cited. 10 CS 167. Where description of property in deeds is uncertain and witnesses are indefinite, redress should be sought under section. Id., 267. Cited. 40 CS 272.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-34a. - Unlawful destruction, disturbance or removal of surveyor's marker or monument.

(a) Any person who knowingly injures, destroys, disturbs or removes any marker properly placed on any tract of land or street or highway line by a surveyor, or by any person at the direction of a surveyor, for the purpose of designating any point, course or line in the boundary of such tract of land, street or highway, shall be fined not less than five hundred dollars or more than one thousand dollars.
(b) Notwithstanding the provisions of subsection (a) of this section, a surveyor licensed under chapter 391, or a person acting at the direction of any such licensed surveyor, may remove an existing marker in order to place an upgraded marker in the same location.
(c) Any person who knowingly injures, destroys, disturbs or removes any monument that has been established by the National Geodetic Survey or Connecticut Geodetic Survey for use in the determination of spatial location relative to the Connecticut coordinate systems specified in section 13a-255 or precise elevation datum shall be fined not less than two thousand dollars or more than five thousand dollars.
(1971, P.A. 804; P.A. 88-99; P.A. 03-115, S. 82; P.A. 04-257, S. 75.)
History: P.A. 88-99 increased fine from not more than $50 to not less than $150 nor more than $500 and added Subsec. (b) permitting surveyor or person acting at the direction of any such surveyor to remove existing marker in order to place upgraded marker in same location; P.A. 03-115 amended Subsec. (a) to include any marker placed on any street or highway line and to increase the minimum fine from $150 to $500 and the maximum fine from $500 to $1,000, and added Subsec. (c) to establish a fine for any person who knowingly injures, destroys, disturbs or removes any monument established by the National Geodetic Survey or Connecticut Geodetic Survey for use in determination of spatial location re Connecticut coordinate systems or precise elevation datum, effective June 18, 2003; P.A. 04-257 made a technical change in Subsecs. (a) and (c), effective June 14, 2004.
See Sec. 52-560a re encroachment on open space land.
Cited. 15 CA 458; 46 CA 46.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-35. - Tobacco poles deemed to be part of tobacco-curing structure.

Tobacco poles used in any structure utilized for the curing of tobacco in the leaf shall be deemed for all purposes an integral part of such structure.
(1949 Rev., S. 7127; 1971, P.A. 871, S. 119.)
History: 1971 act deleted provision which had included tobacco poles as “fixtures within the meaning of section 53-127”.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821 - Land Titles › Section 47-36. - Federal claim or judgment to be recorded.

If the United States of America, or any official or agent in its behalf, claims any lien or encumbrance on, or interest in, land situated in this state, whether or not as a lien referred to in section 49-32a, or if any judgment, order or decree of any United States court or official or bankruptcy referee affects any title to or rights concerning land situated in this state, the instrument evidencing or describing that claim or a certified copy of that judgment, order or decree, or a lis pendens giving notice thereof as authorized by section 52-325 may be recorded in the land records of the town in which the land is situated and may be indexed and released in the same manner as other claims, judgments, orders or decrees. Until so recorded, that claim, judgment, order or lis pendens shall not be effective against the land or constitute constructive notice thereof.
(1953, S. 2956d; P.A. 79-602, S. 40.)
History: P.A. 79-602 made minor changes in wording.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 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).
Cited. 2 CA 119.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 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.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 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.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 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.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 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”.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 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.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 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; 224 C. 563.
Cited. 20 CA 163.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 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.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 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.