reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-66. - Pleadings may be amended.

In any case in which a bond is substituted for a lien after an action for the collection of the lienor's charges has been commenced, the plaintiff in such action may amend his pleadings, without costs, so as to make the action one upon such bond.
(1949 Rev., S. 7245.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-67. - Limitation of action on bond.

Any bond substituted for a lien under the provisions of sections 49-61 to 49-66, inclusive, shall be void unless an action is brought to recover thereon within one year from the date of such bond.
(1949 Rev., S. 7246.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-68. - Liens of boardinghouse keepers.

When a special agreement has been made between the keeper of any boarding or lodging house and any person boarding or lodging at such house, regarding the price of such board or lodging, all the baggage and effects kept by such person at such house shall be subject to a lien in favor of the keeper of such house for all such sums as are at any time due him from such person for board or lodging; and such boardinghouse or lodging house keeper may detain such baggage and effects until such debt is paid; and, if it is not paid within sixty days after it is due, he may sell such property, or such part thereof as is necessary, and apply the proceeds to the payment of such debt.
(1949 Rev., S. 7247.)
See Secs. 53a-118 to 53a-125, inclusive, re larceny offenses.
Statute does not require special notice to debtor of time and place of sale of goods. 41 C. 184. Distinction between lodger and tenant. 86 C. 269; 116 C. 115.
Cited. 38 CS 1.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-69. - Liens of hotel keepers.

Whenever the keeper of any hotel or inn receives into his hotel or inn any person as a boarder or lodger, he shall have a lien upon and right to detain the baggage and effects of such boarder or lodger; and such lien may be enforced in the manner hereinafter provided. At any time after thirty days after the person incurring any debt or obligation has left the hotel or inn wherein such debt or obligation was incurred, the debt or obligation being still due and unpaid, the proprietor of such hotel or inn may sell at public auction for cash at the office of such hotel or inn any baggage or property left at such hotel or inn and apply the avails of such sale toward the payment of such debt or obligation; provided such sale shall be advertised in a newspaper published or having a circulation in the town where such hotel or inn is situated three times, commencing at least five days before such sale; and, if the last usual place of abode of such debtor is known to or can reasonably be ascertained by such hotel keeper, notice of the time and place of sale shall be given him by mailing such notice to him in a registered or certified letter, postage paid, at such last usual place of abode at least five days before the time of sale. The proceeds of such sale, after deducting the amount due the proprietor of such hotel or inn and all expenses connected with such sale, shall be paid to the owner of the property or his legal representatives, if called for or claimed by him or them at any time within one year from the date of such sale, and, if such balance is not claimed or called for within said period, then it shall escheat to the state.
(1949 Rev., S. 7248.)
See Secs. 53a-118 to 53a-125, inclusive, re larceny offenses.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-70. - Lien on animals for their keep. Transfer of abandoned animals.

(a) When a special agreement has been made between the owner of any animals, including birds and fish, and any person who keeps and feeds such animals, regarding the price of such keeping, such animals shall be subject to a lien, for the price of such keeping, in favor of the person keeping the same; and such person so keeping such animals may detain the same until such debt is paid; and, if it is not paid within thirty days after it is due, he may sell such animals, or so many thereof as are necessary, at public auction, upon giving written notice to the owner of the time and place of such sale at least six days before such sale, and apply the proceeds to the payment of such debts, returning the surplus, if any, to such owner.
(b) A commercial kennel, as defined in section 22-327, or a veterinary hospital which boards or grooms animals for nonmedical purposes, may transfer any abandoned animal in its custody to a nonprofit animal rescue or adoption organization which annually places ten or more animals in private homes as pets. An animal shall be considered abandoned if the owner or keeper of such animal fails to retrieve the animal within five days of the date on which such owner or keeper was scheduled to retrieve the animal. Prior to transferring such animal, such kennel or veterinary hospital shall give notice of its intention to do so to the owner or keeper at his last-known address by registered or certified mail, return receipt requested, and shall allow a period of ten days to elapse after the receipt is returned before transferring such animal. Each such commercial kennel and veterinary hospital shall post in a visible location the procedures provided for in this subsection and shall give a written notice of such procedures to any person who boards an animal at such kennel or with such veterinary hospital. Any nonprofit organization which receives an animal in accordance with the provisions of this subsection shall not be liable in any civil action brought by the previous owner or keeper of such animal for any subsequent transfer or disposal of such animal by such organization.
(1949 Rev., S. 7249; 1959, P.A. 248; P.A. 95-358, S. 3; P.A. 96-243, S. 6, 16.)
History: 1959 act referred to “animals, including birds and fish” rather than to “cattle, horses, sheep or swine” and allowed sale of animals if debt not paid within 30 rather than 21 days after due; P.A. 95-358 added Subsec. (b) re transfer of abandoned dogs and cats to rescue or adoption organizations; P.A. 96-243 added provision in Subsec. (b) allowing veterinary hospitals to transfer abandoned animals under this section and changed references to “dogs and cats” to “animals” and shortened the timeframes for notice to owners or keepers and disposition of abandoned animals, effective June 6, 1996.
Under statute as at common law, possession is necessary to the preservation of the lien. 57 C. 547. Waiver of lien by claiming possession upon another basis. 74 C. 541.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-71. - Lien of manufacturers on materials.

Any person, firm or corporation engaged in the business of manufacturing, spinning, throwing, bleaching, mercerizing, printing or finishing yarn or other goods made of cotton, wool, silk, linen, rayon, nylon, synthetic fibers or artificial silk or goods of which cotton, wool, silk, linen, rayon, nylon, synthetic fibers or artificial silk form a component part shall be entitled to a lien, upon the goods and property of others which come into the possession of such person, firm or corporation for the purpose of being manufactured, spun or thrown into yarn or other goods or for the purpose of being bleached, mercerized, dyed or finished, for the amount of any debt due such person, firm or corporation or for the amount of any note or notes taken on account of such debt from any owner of such cotton, wool, silk, linen, rayon, nylon, synthetic fibers or artificial silk by reason of any work performed or materials furnished in or about the manufacturing, spinning, throwing, bleaching, mercerizing, dyeing, printing or finishing of such goods or property, or other goods of such owner or owners whereof the lienor's possession has terminated. Such lien shall not be waived or impaired by the taking of any note or notes or the recovery of any judgment for any amount due on account of such debt, but the amount of the claim secured thereby may be collected by levy and sale under execution upon judgment rendered in any action upon any such note, lien or claim. The amount of such claim may also be collected by a public sale of the goods or property upon which the lien securing the same rests, upon a notice of sale published at least once each week for two weeks preceding the date of such sale in some newspaper published in the county in which such goods or property is located, and by mailing, postage prepaid, a copy of such notice, at least five days before the date of such sale, to the owner or owners of such goods or property, addressed to such owner or owners' last-known residence or place of business. The proceeds of any such sale shall be applied to the payment of the amount of the claim secured by such lien and the expenses of such sale; and only such goods or property shall be sold as is necessary, as nearly as may be determined, to pay the amount of such claim and expenses, and the balance of the proceeds of any such sale, if any, shall be paid to such owner or owners. “Owner”, as used in this section, shall include all persons, partnerships and corporations having title to the property herein described and shall also include a factor, consignee, agent, converter or other person entrusted with possession of the goods held under such lien or of a bill of lading consigning the same to him, with or without authority to sell the same, and delivered by such factor, consignee, agent, converter or other person to the lienor for the purposes aforesaid.
(1949 Rev., S. 7250; 1951, S. 2977d.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-72. - Liens for rates or charges owed to private water company.

Any private water company which is owed rates or charges for connection with or for the use of its water system and such rates or charges are not paid when due has a lien on the real estate served and a charge against the owners of such real estate from the date the rates or charges were due, provided the owner of such real estate when the lien is recorded is the party that owes such rates or charges. The lien and charge shall bear interest at the rate of eighteen per cent per annum so long as the rates or charges remain unpaid. The lien may be recorded and released in the manner provided for recording and releasing tax liens. The lien shall not continue for more than one year after the date the rates or charges were due, unless the secretary of the company, before the expiration of that year, has filed a certificate of continuation of the lien in the manner provided by law for the continuance of tax liens. When continued the lien shall be valid for fourteen years thereafter. The lien shall take precedence over all other subsequently recorded liens or encumbrances except taxes and liens for assessments filed by an association of a common interest community under section 47-258 and may be foreclosed against the lot or building served in the same manner as a lien for taxes.
(1949 Rev., S. 7251; P.A. 79-602, S. 112; P.A. 83-563, S. 1; P.A. 93-349, S. 3; P.A. 95-353, S. 3; P.A. 98-29, S. 2, 3.)
History: P.A. 79-602 made minor changes in wording but made no substantive changes; P.A. 83-563 provided for a rate of interest of 18% after October 1, 1983; P.A. 93-349 deleted references to municipal waterworks having and continuing a lien and to authority of waterworks superintendent to file certificate of continuation; P.A. 95-353 deleted previously existing provisions and inserted provisions giving a private water company a lien for any unpaid charges on a delinquent customer's property and gave precedence to such liens over all liens except tax liens and made technical changes; P.A. 98-29 allowed a lien only if the owner of the real estate when the lien is recorded is the party that owes such rates or charges, effective May 19, 1998.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-73a. - Liens on proceeds of fire insurance for outstanding municipal taxes.

The interest of each person in the proceeds of any policy issued by an insurance company providing fire insurance coverage for loss or damages caused by fire on an item of real estate, including any policy written pursuant to the provisions of section 38a-670, provided the amount of the proceeds for the loss payable under such policy is five thousand dollars or more, shall be subject to any tax lien on such item of real estate continued pursuant to the provisions of section 12-173. No such lien shall be valid unless the tax collector of the municipality wherein such item of real estate is situated makes and files in the office of the town clerk a certificate of lien, pursuant to the provisions of section 12-173, giving notice of his intention to claim against such proceeds. Such lien shall exist from the fifteenth day succeeding the date of entry of such certificate in the land records. Any such lien may be discharged in accordance with said section 12-173.
(P.A. 79-342, S. 1.)
Cited. 192 C. 653.
Cited. 11 CA 308.
Cited. 38 CS 722.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-73c. - Certificate of lien to constitute constructive notice.

Each certificate of lien filed pursuant to the provisions of sections 12-172 and 49-73a to 49-73i, inclusive, shall constitute constructive notice of the existence of the lien and the claim of the municipality against any such interest in such item of real estate or in such proceeds to the insurance company and to any person having an insurable interest in the real estate or an interest in the proceeds.
(P.A. 79-342, S. 3.)
Cited. 192 C. 653.
Cited. 11 CA 308.
Cited. 38 CS 722.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-73d. - Insurance company to notify town clerk of demand in writing of a statement of liens.

(a) Prior to the payment of any insurance proceeds for loss or damage to real estate caused by fire, provided the amount of the proceeds for the loss payable under the policy is five thousand dollars or more, the insurance company required to pay such proceeds shall notify the town clerk of the town in which such loss or damage has been sustained and demand in writing, by registered or certified mail, that a statement indicating the amount of all liens filed pursuant to sections 49-73a and 49-73b be delivered to such insurance company at a specified address, in person or by registered or certified mail, within twenty days from the date of receipt by the town clerk of such demand. Upon the failure of the town clerk to notify the insurance company of the existence of any such liens in said manner, the right of the municipality to claim against any such proceeds shall terminate and the lien thereon shall be dissolved. The insurance company may rely conclusively upon the amount of the taxes or expenses due as set forth in such notice of lien in making any payments of proceeds to any person.
(b) Within thirty days of receipt of a notice of lien received from the town clerk pursuant to subsection (a) of this section and a final determination of the insurance company's obligation to pay fire insurance proceeds, the insurance company shall pay all or a portion of the proceeds otherwise payable to the insured directly to the municipality in satisfaction of the total amount of delinquent real estate taxes or incurred expenses as set forth on the certificate of lien and shall deduct the amount thereof from the proceeds otherwise payable to the insured. A receipt by the town clerk of the municipality shall be evidence of payment of such amount by the insurance company on account of its liability under its policy to the insured.
(P.A. 79-342, S. 4; P.A. 80-207, S. 2, 7.)
History: P.A. 80-207 substituted “expenses” for “demolition costs” where appearing.
Cited. 192 C. 653.
Cited. 11 CA 308.
Cited. 38 CS 722.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-73e. - Precedence and priority of liens.

The liens filed pursuant to sections 49-73a and 49-73b shall take precedence over any claim of right of an insured owner, mortgagee, assignee or other interested party except as otherwise provided by section 49-73b. The lien filed pursuant to section 49-73a shall take precedence over the lien filed pursuant to section 49-73b.
(P.A. 79-342, S. 5; P.A. 80-207, S. 3, 7.)
History; P.A. 80-207 removed reference to provisions of United States law in exception.
Cited. 192 C. 653.
Cited. 38 CS 722.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-73f. - Municipal ordinance providing for release or return of insurance proceeds.

Any municipality may adopt an ordinance providing for the release or return to the insured of any proceeds subject to a lien, to which it would otherwise be entitled, provided the insured agrees with the municipality to restore the affected premises to at least the same condition that it was in prior to the time that such lien of the municipality arose, subject to such conditions as such ordinance shall provide in order to guarantee performance of such obligation.
(P.A. 79-342, S. 6.)
Cited. 192 C. 653.
Cited. 38 CS 722.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-73g. - Insurance company not to be held liable for payments to municipality.

An insurance company shall not be liable to any insured owner, mortgagee, assignee or other interested party for any amounts paid by it to a municipality pursuant to the provisions of sections 12-172 and 49-73a to 49-73i, inclusive, and in reliance upon information contained in any statement provided by a municipality pursuant to section 49-73d. When acting in accordance with the provisions of sections 12-172 and 49-73a to 49-73i, inclusive, an insurance company shall not be held liable in any manner and shall not be deemed in violation of section 38a-816 relating to unfair claims practices for any action taken by it, including withholding payment of any insurance proceeds otherwise payable or for the release or disclosure of any information by it under sections 12-172 and 49-73a to 49-73i, inclusive.
(P.A. 79-342, S. 7.)
Cited. 192 C. 653.
Cited. 38 CS 722.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-73h. - Applicability of lien provisions.

Sections 12-172 and 49-73a to 49-73i, inclusive, shall apply to all policies of fire insurance delivered, issued for delivery or renewed after October 1, 1979. Each insurer licensed to do business in this state shall notify its insureds of the provisions of said sections upon issuance or renewal of policies of fire insurance covering real estate located in this state.
(P.A. 79-342, S. 8; P.A. 80-207, S. 4, 7; P.A. 81-472, S. 98, 159.)
History: P.A. 80-207 removed clause which had excluded policies on single-family or two-family dwellings; P.A. 81-472 changed the applicability date from May 15, 1980, to October 1, 1979.
Cited. 192 C. 653.
Cited. 38 CS 722.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-73i. - Provisions re liens on insurance proceeds not to be deemed to affect other liens on real estate.

The provisions of sections 12-172 and 49-73a to 49-73i, inclusive, shall not be deemed or construed to alter or impair the right of a municipality to acquire or enforce any lien against real property but shall be in addition to any other right provided by law to acquire or enforce such right.
(P.A. 79-342, S. 9.)
Cited. 192 C. 653.
Cited. 38 CS 722.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-74. - Liens for cleaning, storage and other charges.

Each person, firm, association and corporation engaged in the business of cleaning, laundering, repairing, dyeing, pressing or storing clothing, household goods, wearing apparel or other fabrics shall have a lien upon such clothing, household goods, wearing apparel or other fabrics for the amount due for such service until such amount is paid.
(1949 Rev., S. 7253.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-75. - Sale of property subject to lien for other than storage charges.

If the amount due for such cleaning, laundering, repairing, dyeing or pressing is not paid within six months after it is due, the property subject to such lien, or so much thereof as is necessary to satisfy such lien, may be sold by the person, firm, association or corporation holding such lien at public or private sale for cash, and the proceeds of such sale, after payment of the expenses thereof, shall be applied upon the indebtedness, and any remainder shall be paid to the owner of such property. Before making such sale the person, firm or corporation holding such lien shall give thirty days' written notice thereof by registered or certified mail sent to the last-known post-office address of such owner, and, in addition thereto, shall advertise the time and place thereof three times in a newspaper having a circulation in the community.
(1949 Rev., S. 7254.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-76. - Sale of property subject to lien for storage charges.

If the debit arising from storing clothing, household goods, wearing apparel or other fabrics for which a lien is given under section 49-74 is not paid within twelve months from the beginning of the storage period, the property subject to such lien, or so much thereof as is necessary to satisfy such lien, may be sold by the person, firm, association or corporation holding such lien at public or private sale for cash, and the proceeds of such sale applied to the expenses thereof, and to pay such debt, and the surplus, if any, shall be paid to the owner of such property. Before making such sale the person, firm or corporation holding such lien shall give thirty days' written notice thereof by registered or certified mail sent to the last-known post-office address of such owner and, in addition thereto, shall advertise the time and place thereof three times in a newspaper having a circulation in the community, provided persons, firms, partnerships or corporations operating as warehouses or warehousemen shall not be affected by this section.
(1949 Rev., S. 7255.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-77 to 49-85. - Liens of factors on merchandise, generally.

Sections 49-77 to 49-85, inclusive, are repealed.
(1949 Rev., S. 2982d, 7256
–
7260, 7262, 7263; 1955, S. 2979d, 2984d
–
2986d; 1959, P.A. 133, S. 10-102; 615, S. 1, 2.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-86. - Bond in lieu of attachment. Notice of lien.

Whenever a bond has been accepted in lieu of an attachment or in lieu of a previously accepted or ordered attachment bond, a notice of lien in favor of the attaching creditor and against the surety on the bond may be filed in the office of the town clerk of the town in which the real estate of the surety is situated, which notice of lien shall describe the land of the surety with reasonable certainty, and shall specify the date, amount and condition of the bond and the names of all parties, plaintiff and defendant, the court to which the action is returnable and the return day, in the action for which the bond is given. Such notice of lien, from the time of filing, shall constitute a lien upon the real estate described in such notice. Whenever a court or judge has power to order a bond in lieu of attachment, such court or judge may order a bond in lieu of a previously ordered or accepted attachment bond.
(1955, S. 2987d.)
See Sec. 52-304 re dissolution of attachment by substitution of bond or lien.
Filing of notice of lien on property of the surety does not exempt creditor from making demand on surety within 60 days as required by Sec. 52-328. 147 C. 189.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-87. - Certificate of dissolution of bond, filing.

Upon dissolution of the surety bond, the surety may file with the town clerk where the real estate is situated a certificate of such dissolution signed by the plaintiff of record or by his attorney of record or by the authority making the attachment for which the bond was substituted.
(1955, S. 2988d.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-88. - Duration of lien on real estate. Discharge upon expiration.

A lien on real estate arising under the provisions of section 49-86 shall not continue in force as a lien for a longer period than fifteen years after the date thereof unless within said period an action on the bond in connection with which the notice of lien was filed has been prosecuted to effect and a judgment lien against the surety filed according to law. All liens on real estate which have expired under the provisions of this section shall be deemed dissolved and the real estate shall be free from any lien or encumbrance by reason of the same and the town clerk of the town in which the real estate is situated shall, upon the request of any person interested, discharge such lien of record by recording a discharge of lien in the land records.
(1955, S. 2989d; P.A. 79-602, S. 109; P.A. 09-213, S. 6.)
History: P.A. 79-602 rephrased provisions but made no substantive change; P.A. 09-213 replaced requirement that town clerk “endorse on the record of the notice of lien the words ‘discharged by operation of law’” with requirement that town clerk “discharge such lien of record by recording a discharge of lien in the land records”.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-89. - When judgment lien to date back to notice.

If a judgment lien is placed upon real estate described in a notice of lien filed pursuant to the provisions of section 49-86 within four months after the judgment was rendered against the surety, it shall hold from the date of the notice of lien, provided the action on the bond was commenced within one year from the date of judgment in the action in connection with which the bond was substituted, and provided further the judgment lien contains a clause referring to and identifying the notice of lien.
(1955, S. 2990d; P.A. 79-602, S. 110.)
History: P.A. 79-602 restated provisions but made no substantive change.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-90. - Certificate of court clerk upon happening of certain events or lien becoming ineffective.

If any lien arising under the provisions of section 49-86 has been made and the plaintiff has withdrawn his suit or has been nonsuited or final judgment has been rendered against him, or if such suit has not been returned, or if for any reason such lien has become of no effect, the clerk of the court to which such suit has been made returnable shall, upon the request of any person interested, issue a certificate in accordance with the facts, which certificate may be filed in the office of the town clerk, and such town clerk shall record such certificate in the land records.
(1955, S. 2991d; 1961, P.A. 517, S. 108; P.A. 09-213, S. 7.)
History: 1961 act deleted reference to power of justice of the peace to issue certificate; P.A. 09-213 replaced requirement that, upon the filing of a certificate, town clerk “note on the margin of the record where such lien is recorded” with requirement that town clerk “record such certificate in the land records”.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-91. - Certificate of plaintiff removing lien upon happening of certain events or lien becoming ineffective.

In any proceeding wherein a lien has been filed pursuant to the provisions of section 49-86, if the plaintiff therein has received satisfaction for his claim, or final judgment has been rendered against him thereon, or when for any reason the lien has become of no effect, the plaintiff or his attorney, at the request of any person interested in the estate liened or in having the lien removed, shall file a certificate with the town clerk that the lien is removed. Each such certificate shall be recorded by the town clerk in the land records of the town wherein the property affected by the release is located or wherein the notice of lien was filed.
(1955, S. 2992d; P.A. 79-602, S. 111; P.A. 09-213, S. 8.)
History: P.A. 79-602 substituted “the” for “such” where appearing; P.A. 09-213 replaced requirement that certificate be recorded “at length in a book kept for that purpose by the clerk as a part of the land records” with requirement that certificate be recorded “by the town clerk in the land records” and replaced “lodge” with “file”.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92. - Other lien rights not affected. Compliance with other statutes.

Section 49-92 is repealed.
(1949 Rev., S. 7264; 1959, P.A. 133, S. 10-102; 615, S. 3.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92a. - Purchaser's lien. Precedence. Foreclosure. Recording of notice.

(a) A purchaser's lien is created for the amount of the deposit paid pursuant to and stated in a contract for the conveyance of land by the recording of such contract, or a notice thereof, in the records of the town in which the land is situated, provided the contract, or notice thereof, is executed by the owner and by the vendee of the land, witnessed and acknowledged in the same manner as required for a deed for the conveyance of land and describes the particular land to which it refers. Such purchaser's lien shall be prior to any other liens and encumbrances originating after the contract, or notice thereof, is recorded. A purchaser's lien may be foreclosed in the same manner as a mortgage. Transfer of title of the land to the vendee constitutes a release and discharge of the lien.
(b) Any notice recorded pursuant to this section shall, in addition to the requirements set forth in subsection (a) of this section, include (1) the address of the owner and the vendee, (2) the date provided in the contract for the performance of such contract or, if such date is not provided in such contract, the date on which such contract was executed, and (3) the amount of the deposit paid pursuant to the contract. Nothing in this subsection shall be construed to affect the validity of any purchaser's lien created before October 1, 2004.
(February, 1965, P.A. 272, S. 1; P.A. 79-602, S. 126; P.A. 04-132, S. 6.)
History: P.A. 79-602 restated provisions but made no substantive change; P.A. 04-132 designated existing provisions as Subsec. (a), adding references to notice of contract and making technical changes therein, and added Subsec. (b) re requirements for notice recorded pursuant to section.
Cited. 36 CA 206. Section circumscribes the common law equitable lien by subjecting it to the time limitations of Sec. 49-92c. 40 CA 64. Language of statute clearly expresses a derogation of the common-law right to an equitable lien on property and thus mechanisms specified in statute for creating a purchaser's lien on property replace procedures for creating an equitable lien on that property. 91 CA 442.
Cited. 38 CS 8.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92b. - Dissolution on substitution of bond. Joinder of actions on claim and bond.

(a) Whenever any purchaser's lien has been placed upon any real estate pursuant to section 49-92a, the owner of the real estate, or any person interested in the real estate, may make an application to any judge of the Superior Court that the lien be dissolved upon the substitution of a bond with surety, and the judge shall order reasonable notice to be given to the lienor of the application. If the lienor is not a resident of the state, the judge may order notice to be given by publication, registered or certified mail or personal service.
(b) If the judge is satisfied that the applicant in good faith intends to contest the lien, he shall, if the applicant offers a bond, with sufficient surety, conditioned to pay to the lienor or his assigns such amount as the judge may adjudge to have been secured by the lien, with interest and costs, order the lien to be dissolved and the bond substituted therefor and shall return the application, notice, order and bond to the clerk of the superior court for the judicial district wherein the lien is recorded. If the applicant, within ten days from the return, causes a copy of the order, certified by the clerk, to be recorded in the town clerk's office where the lien is recorded, the lien shall be dissolved.
(c) Whenever a bond is substituted for any lien after an action for the foreclosure of a lien has been commenced, the plaintiff in that foreclosure may amend his complaint, without costs, so as to make the action one upon the bond with which the plaintiff may join an action to recover upon his claim.
(d) Whenever a bond is substituted for any lien before an action for the foreclosure of the lien has been commenced, the plaintiff may join the action upon the bond with an action to recover upon his claim.
(e) Whenever a bond has been substituted for any lien, pursuant to this section, unless an action is brought to recover upon such bond within two years from the date of recording the certificate of lien, such bond shall be void.
(February, 1965, P.A. 272, S. 2; P.A. 76-436, S. 650, 681; P.A. 78-280, S. 1, 127; P.A. 79-602, S. 127; 79-631, S. 40, 111.)
History: P.A. 76-436 deleted references to powers of judges of court of common pleas under section and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 79-602 divided section into Subsecs. and changed wording slightly but made no substantive changes; P.A. 79-631 made technical correction.
Cited. 36 CA 206.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92c. - Limitation of lien.

No purchaser's lien shall continue in force for a longer period than two years after such lien has been perfected, unless the party claiming such lien, within said period, commences an action to foreclose the same and proceeds therewith to final judgment. Each such lien, after the expiration of two years without action commenced, shall be discharged of record by the person claiming the same, upon the request of the owner of the property upon which the lien has been claimed.
(February, 1965, P.A. 272, S. 3.)
Cited. 36 CA 206; 40 CA 64.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92d. - Record of discharge.

The town clerk of the town in which the purchaser's lien is filed shall, upon request of any person having an interest in the real estate covered by that lien, discharge such lien and, if applicable, the lis pendens or notice of foreclosure, by recording in the land records a discharge of lien and, if applicable, a discharge of lis pendens or notice of foreclosure, provided the purchaser's lien has expired by a provision of the statute of limitations, and (1) no lis pendens or notice of foreclosure of the lien has been filed with that town clerk, or (2) if a lis pendens or notice of foreclosure has been so filed or recorded and a certificate, issued by the clerk of the court to which the notice referred after the return day of the foreclosure action, indicating that no such foreclosure action remains pending and that no judgment has been entered in the action in that court, has been filed for record with the town clerk.
(February, 1965, P.A. 272, S. 4; P.A. 79-602, S. 128; P.A. 09-213, S. 12.)
History: P.A. 79-602 restated existing provisions; P.A. 09-213 replaced requirement that town clerk “cause to be entered upon the land records a notation that the lien and, if applicable, the lis pendens or notice of foreclosure, is discharged by operation of law” with requirement that town clerk “discharge such lien and, if applicable, the lis pendens or notice of foreclosure, by recording in the land records a discharge of lien and, if applicable, a discharge of lis pendens or notice of foreclosure” and made a technical change.
Cited. 36 CA 206.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92e. - Action to claim discharge.

Any person having an interest in any real estate described in any recorded contract of sale, or notice thereof, creating a purchaser's lien which is invalid but not discharged of record may give written notice to the lienor to discharge the lien in the office where recorded. If the request is not complied with in ten days, such person may bring his complaint to the court which would have jurisdiction of the foreclosure of the lien, if valid, claiming such discharge of the lien, and the court may adjudge the validity or invalidity of the lien and may award the plaintiff damages for the failure of the defendant to make discharge upon request. A certified copy of the judgment of invalidity, recorded in the land records of the town where such certificate of lien was filed, fully discharges the lien.
(February, 1965, P.A. 272, S. 5; P.A. 79-602, S. 129; P.A. 04-132, S. 7.)
History: P.A. 79-602 restated existing provisions; P.A. 04-132 added reference to notice of contract and made technical changes.
Cited. 36 CA 206.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92f. - Certificate of removal of lien.

Each person who has lodged for record a contract of sale, or notice thereof, claiming a lien on any property under the provisions of sections 49-92a to 49-92f, inclusive, shall, after receiving satisfaction of his claim or after the rendition of a final judgment against him showing that nothing is due thereon, within ten days after being requested in writing to do so by any person interested in having the lien removed, sign and lodge, in the office in which his original contract of sale, or notice thereof, was filed for record, a certificate that such lien is removed, which, when recorded, shall discharge such lien. If he fails to comply with such request, he shall pay to the party aggrieved such sum, not exceeding half the amount claimed by his lien, as the court having cognizance of the action brought therefor may determine.
(February, 1965, P.A. 272, S. 6; P.A. 04-132, S. 8.)
History: P.A. 04-132 added references to notice of contract.
Cited. 36 CA 206.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92g. - Aircraft liens.

Any person who stores, cares for, maintains, repairs, or furnishes any services, gasoline, accessories, materials or other supplies at the request of or with the consent of the owner, his agent or legal possessor of an aircraft, as defined in section 15-34, has a lien upon the aircraft until the sum due for any fees, expenses or charges for such storage, care, maintenance or repair or the furnishing of such services, gasoline, accessories, materials or other supplies has been paid. The lienor shall be entitled to retain possession of the aircraft until the amount of fees, expenses or charges for such storage, care, maintenance or repair or the furnishing of such services, gasoline, accessories, materials or other supplies has been paid or the lien has been dissolved. The lien shall be superior to all other liens, except liens for taxes. Any person entitled to a lien pursuant to this section shall, within ninety days after the date upon which work or services were performed or when such fees, expenses or charges were incurred, file a verified statement in the office of the Secretary of the State, pursuant to the provisions of sections 49-92h and 49-92i.
(P.A. 93-433, S. 21, 26; P.A. 05-288, S. 170.)
History: P.A. 93-433 effective July 1, 1993; P.A. 05-288 made technical changes and added provisions re payment of fees, expenses or charges and dissolution of lien, effective July 13, 2005.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92h. - Notice of aircraft lien. Substitution of bond. Sale of aircraft and satisfaction of lien.

(a) Upon the possession of the aircraft by a lienor, he shall cause a notice of an aircraft lien, in duplicate, to be filed on a form provided by the Secretary of the State with the office of the secretary on which he shall also indicate the date and place of the sale of the aircraft, which date of sale shall be at least sixty days next succeeding the filing of the notice. The lienor shall, within seven days of the filing, send by certified mail a copy of such notice to the person indicated as the owner of the aircraft, and to anyone who has filed with the Secretary of the State claiming a legal or equitable interest in the aircraft. The fees for such notice and procedure shall be set by the Secretary of the State.
(b) The owner of the aircraft, or anyone having a legal or equitable interest therein, may apply to any judge of the Superior Court, within whose jurisdiction the aircraft is held or where the lienor resides, to dissolve the lien upon the substitution of a bond with sufficient surety.
(c) If no application that the lien be dissolved upon substitution of a sufficient bond, as provided herein, is made within sixty days next succeeding the filing of the notice with the Secretary of the State, then the lienor may sell the aircraft at public auction at his place of business or wherever he may designate, provided, at least seven days prior to the sale, he shall publish three times in a newspaper having general circulation in the municipality where the aircraft is located a notice containing substantially the same information as filed in the notice of an aircraft lien, as provided by section 49-92i, and shall notify, in writing, any holders of any prior or subsequent security interests who have filed notice of the interest with the Secretary of the State. The proceeds of the sale, after satisfaction of any prior security interests filed with the Secretary of the State, and satisfaction of the aircraft lien and satisfaction of any subsequent security interests filed with the Secretary of the State, shall be paid to the owner of record. If the amount due the owner is not claimed within one year from the date of the sale, it shall escheat to the state.
(P.A. 93-433, S. 22, 26; P.A. 04-240, S. 24; 04-257, S. 78.)
History: P.A. 93-433 effective July 1, 1993; P.A. 04-240 amended Subsec. (a) by replacing provision re filing of notice in quadruplicate with provision re filing of notice in duplicate and making technical changes; P.A. 04-257 made technical changes in Subsec. (a), effective June 14, 2004.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92i. - Form of notice of aircraft lien.

A notice of the aircraft lien shall contain the following information: (1) The registration number; (2) the name and address of the owner; (3) a description of the aircraft; (4) the name and address of the lienor; (5) the amount of the lien; (6) the basis of the claim with dates; and (7) the place where the aircraft is being held. This notice shall be in the following form:
NOTICE OF AIRCRAFT LIEN
To all persons whom it may concern, a lien is claimed by me on the below-described aircraft:
Name of claimant .... amount of claim ....
Address of claimant ....
Name of aircraft .... registration number ....
Basis of claim with dates ....
Description of aircraft ....
Location of aircraft ....
Name of owner and address ....
Date of intended sale and place (if applicable) ....
Dated at .... this .... day of .... A.D. 20...
(The claimant) ....
(P.A. 93-433, S. 23, 26.)
History: P.A. 93-433 effective July 1, 1993; (Revisor's note: in 2001 the reference in this section to the date “19..” was changed editorially by the Revisors to “20..” to reflect the new millennium).
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92j. - Dissolution of aircraft lien. Action by person claiming lien.

(a) The application to dissolve an aircraft lien may be in the following form:
To ...., a judge of the Superior Court for the judicial district of ....
The undersigned, .... of the town (or city) of .... in the county of .... and judicial district of ...., is the owner (or has the following legal or equitable interest: ....) of the following aircraft, .... (description of aircraft).
Such vessel is now held by .... of the town (or city) of ...., in the county of .... under a claim of lien for .... and that he is desirous that such lien be dissolved upon the substitution of a bond, with sufficient surety, according to the statute.
Dated at .... this .... day of ...., 20...
(The claimant) ....
(b) If the lien is dissolved, the person who claimed the lien shall bring a complaint in the court with jurisdiction setting forth the amount and basis of the claim. The person who caused the lien to be dissolved shall have thirty days after the writ is returnable to the court where the action is brought to file an affidavit with such court controverting the material allegations contained in the complaint and affidavit that he has a valid defense. The issues so raised shall be tried as all other issues in such court. If the person who has caused the lien to be dissolved does not file such affidavit, the bond shall be forfeited to the lienor.
(P.A. 93-433, S. 24, 26.)
History: P.A. 93-433 effective July 1, 1993; (Revisor's note: In 2001 the reference in Subsec. (a) of this section to the date “19..” was changed editorially by the Revisors to “20..” to reflect the new millennium).
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-92k. - Discharge of aircraft lien. Penalty for failure to discharge.

Each person who has lodged for record a notice of an aircraft lien on any personal property after receiving satisfaction of his claim or after the rendition of a final judgment against him showing that nothing is due thereon, shall, within ten days after being requested in writing to do so by any person interested in having the lien removed, sign and lodge, in the office of the Secretary of the State, a certificate that such lien is removed, which, when recorded, shall discharge such lien. Fees for this and the procedure and forms to be used for the same shall be prescribed by the Secretary of the State. If he fails to comply with such request, he shall pay to the party aggrieved such sum, not exceeding half the amount claimed by his lien, as the court having cognizance of the action brought therefor may determine.
(P.A. 93-433, S. 25, 26.)
History: P.A. 93-433 effective July 1, 1993.