reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 47-36k. - Technical words of inheritance not necessary.

In any conveyance or reservation of real property or of any interest therein, the terms “heirs”, “assigns” or other technical words of inheritance are not necessary to convey or reserve an estate in fee simple. A conveyance or reservation of real property or of any interest therein conveys or reserves an estate in fee simple, unless otherwise expressly limited in the deed or reservation.
(P.A. 75-309, S. 14; P.A. 79-602, S. 5.)
History: P.A. 79-602 rephrased provisions but made no substantive change.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 47-36l. - Type of estate deemed to be included in conveyance.

In any conveyance of real property all rights, privileges and appurtenances belonging or appertaining to the granted or released estate are included in the conveyance, unless expressly stated otherwise in the conveyance and it is unnecessary to enumerate or mention them either generally or specifically.
(P.A. 75-309, S. 15; P.A. 79-602, S. 4.)
History: P.A. 79-602 made minor wording changes but made no substantive change.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 47-36m and 47-36n. - Fees for recording statutory forms. Other legal forms of deeds and mortgages not precluded.

Sections 47-36m and 47-36n are repealed.
(P.A. 75-309, S. 16, 17; P.A. 76-271, S. 2; P.A. 79-602, S. 132.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 47-36o. - Force and effect of “Conservator's Deed” form.

A deed following the form entitled “Conservator's Deed”, when duly executed, has the force and effect of conveying to the grantee the fee simple title of a person under voluntary or involuntary conservatorship or such conservator upon an order of a Probate Court authorizing and directing the conservator to sell at private sale the real estate owned by the person under voluntary or involuntary conservatorship, with covenants that (1) the conservator has full power and authority as such conservator to sell and convey the same to the grantee, and (2) the conservator and the conservator's successors shall warrant and defend the granted premises against all claims and demands of any person or persons claiming by or under such conservator.
(P.A. 78-210, S. 2; P.A. 79-602, S. 19; P.A. 15-217, S. 23.)
History: P.A. 79-602 substituted “has” for “shall have” and “the” for “such” or “said” where appearing; P.A. 15-217 substituted references to person under voluntary or involuntary conservatorship for references to incapable person and made technical changes.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 47-36p. - Force and effect of “Testamentary Trustee's Deed” form.

A deed following the form entitled “Testamentary Trustee's Deed”, when duly executed, has the force and effect of conveying to the grantee the fee simple title which a deceased person had at the time of his death, or which the trustee has pursuant to authority given in the last will and testament of a deceased person with covenants that (1) the trustee is duly qualified to act as trustee, (2) he has full power and authority as trustee to bargain and sell the described premises in manner and form as set forth, and (3) the trustee and his successors shall warrant and defend the granted premises against all claims and demands of any person claiming by, from or under the trustee.
(P.A. 78-210, S. 3; P.A. 79-209, S. 2; 79-602, S. 20.)
History: P.A. 79-209 made technical correction; P.A. 79-602 substituted “has” for “shall have” and “the” for “such” where appearing.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 47-36q. - Force and effect of “Administrator's Deed” form.

A deed following the form entitled “Administrator's Deed”, when duly executed, has the force and effect of conveying to the grantee the fee simple title which a deceased person had at the time of his death, or which such administrator has with covenants that (1) the administrator is duly qualified to act as administrator, (2) the administrator has full power and authority under and by virtue of an order of the Court of Probate to bargain and sell the described premises, and (3) the administrator and his successors shall warrant and defend the granted premises to the grantee against all claims and demands of any person or persons claiming under the administrator.
(P.A. 78-210, S. 4; P.A. 79-602, S. 21.)
History: P.A. 79-602 substituted “has” for “shall have” and “the” for “such” where appearing.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 47-36r. - Force and effect of “Executor's Deed” form.

A deed following the form entitled “Executor's Deed”, when duly executed, has the force and effect of conveying to the grantee the fee simple title which a deceased person had at the time of his death, or which the executor has with covenants that (1) the executor is duly qualified to act as executor, (2) the executor has full power and authority to bargain and sell the described premises pursuant to the terms of the last will and testament of the deceased person, or by virtue of an order of a court of probate, and (3) the executor and his successors shall warrant and defend the granted premises to the grantee against all claims and demands of any person claiming by, from or under the executor.
(P.A. 78-210, S. 5; P.A. 79-209, S. 3; 79-602, S. 22.)
History: P.A. 79-209 made technical correction, substituting “executor” for “administrator” at end of Subdiv. (3); P.A. 79-602 substituted “has” for “shall have” and “the” for “such” where appearing.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821a - Forms of Deeds and Mortgages › Section 47-36s. - Force and effect of “Trustee's Deed” form.

A deed following the form entitled “Trustee's Deed”, when duly executed, has the force and effect of conveying to the grantee the fee simple title which the trustee has pursuant to authority given in the trust instrument or by law with covenants that (1) the trustee is duly qualified to act as trustee, (2) the trustee has full power and authority as trustee to bargain and sell the described premises in manner and form as set forth, and (3) the trustee and the trustee's successors shall warrant and defend the granted premises against all claims and demands of any person claiming by, from or under the trustee.
(P.A. 03-75, S. 2.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 821b - Validation of Conveyance Defects › Section 47-36bb. - Validation re transfer of interest in real property to trust rather than trustee. Treatment of subsequent transfers. Indexing by town clerk. Presumptions re certain instruments recorded in the land records.

(a) Any transfer of an interest in real property to a trust, rather than to the trustee or trustees of the trust, shall constitute a valid and enforceable transfer of such interest.
(b) Any subsequent transfer of such interest in real property, or any portion or part thereof (1) made by the trust and executed by a duly authorized trustee of the trust, shall be treated as if the transfer was made by such duly authorized trustee, or (2) made and executed by a duly authorized trustee of the trust, shall be treated as if the transfer was made by the trust.
(c) Any instrument whose grantor, grantee, releasor, releasee, assignor, assignee, transferor or transferee is a trust shall be indexed by the town clerk in the name of the trust identified in such instrument and also in the name or names of all trustees identified in such instrument.
(d) With respect to any instrument that has been recorded in the land records and whose grantor, releasor, assignor or transferor is a trust, it shall be presumed, in the absence of evidence in the land records indicating otherwise, that the (1) person who executed such instrument on the trust's behalf was duly authorized to so act, and (2) trust on whose behalf such person acted contained a provision conferring upon the trustee or trustees, the power to convey an interest in real property.
(P.A. 16-194, S. 6; P.A. 17-99, S. 50.)
History: P.A. 17-99 replaced provisions re conveyance of interest in land to trust rather than trustees with Subsecs. (a) to (d) re transfer of an interest in real property to trust rather than trustee, subsequent transfers of interest in real property, indexing of instrument by town clerk and presumptions re certain instruments recorded in the land records, respectively.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 822 - Easements and Restrictions › Section 47-38. - Mode of preventing acquisition.

The owner of land over which a right-of-way or other easement is claimed or used may give notice in writing, to the person claiming or using the privilege, of his intention to dispute the right-of-way or other easement and to prevent the other party from acquiring the right; and the notice, being served and recorded as provided in sections 47-39 and 47-40, shall be deemed an interruption of the use and shall prevent the acquiring of a right thereto by the continuance of the use for any length of time thereafter.
(1949 Rev., S. 7131; P.A. 79-602, S. 57.)
History: P.A. 79-602 made minor changes in wording but made no substantive changes.
Cited. 140 C. 370; 142 C. 296; 143 C. 40. Trial court properly determined that boundary line agreement did not constitute notice of intent to prevent airport defendant from acquiring an easement and, therefore, did not prevent airport defendants from acquiring a prescriptive easement in the land trust properties. 275 C. 105. None of defendant's actions, including the posting of “no trespassing” signs, was sufficient to interrupt plaintiff's continuous use of property. 296 C. 43.
Cited. 40 CS 272.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 822 - Easements and Restrictions › Section 47-39. - Service of notice upon the party claiming the easement.

The notice referred to in section 47-38 shall be served like an original summons in civil actions on the person claiming or using the way or easement, his agent or guardian, if within the state, otherwise on the tenant or occupant of the estate to which the way or easement is claimed to be appurtenant, if there is any such tenant or occupant, and, if not, a copy of the notice shall be affixed to the house upon such estate or to some other conspicuous part of the premises. The service shall be endorsed and returned on the original paper, and the notice with the return shall be recorded in the land records of the town in which the land lies, within three months after the service.
(1949 Rev., S. 7132; P.A. 79-602, S. 58.)
History: P.A. 79-602 specified notice as that “referred to in section 47-38” and substituted “the” for “such” where appearing.
Cited. 140 C. 370; 142 C. 296.
Cited. 40 CS 272.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 822 - Easements and Restrictions › Section 47-40. - Giving of notice when party unknown.

When the owner of the estate to which such way or easement is claimed to be appurtenant is unknown, the notice under sections 47-38 and 47-39 may be given by conspicuously posting on the estate a copy of the notice and serving it on the person to whom the premises were last assessed for taxes in the place where they lie, and recording it as required in said sections.
(1949 Rev., S. 7133; P.A. 79-602, S. 59.)
History: P.A. 79-602 made minor changes in wording but made no substantive changes.
Cited. 140 C. 370; 142 C. 296.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 822 - Easements and Restrictions › Section 47-41. - Notice considered a disturbance of the right.

The notice under sections 47-38 and 47-39 shall be considered a disturbance of the right in question which enables the party claiming the right to bring an action as for a nuisance or disturbance for the purpose of trying the right. If the plaintiff in that action prevails, he shall be entitled to full costs, although he recovers only nominal damages.
(1949 Rev., S. 7134; P.A. 79-602, S. 60.)
History: P.A. 79-602 rephrased provisions and specified notice as that under Secs. 47-38 and 47-39.
Cited. 140 C. 370; 142 C. 296.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 822 - Easements and Restrictions › Section 47-42. - Easements for public utility or railway purposes.

Any right-of-way over or easement in or to any land or water or any interest therein granted by any person or corporation by means of any instrument executed in the manner provided by law for the conveyance of any interest in real estate, which instrument purports to convey to any individual and to his heirs and assigns or to any corporation and to its successors and assigns, a right-of-way over or easement in or to such land or water for any purpose connected with (1) the generation, transmission or distribution of electric energy, (2) the provision of services or operations of a public service company, as defined in section 16-1, or (3) the operation of a railroad or street railway company, shall create a transmissible and assignable interest in land in the grantee therein described. All or any part of any rights therein granted may be granted and conveyed by the grantee therein described, or by any successive grantee, in the manner provided by law for the conveyance of any interest in real estate, to any person or corporation and to his or its respective heirs, successors or assigns. Such grant shall vest in the person or corporation to which such grant is given all the right, interest and title of the grantor to such right-of-way or easement or portion thereof as may be described in such grant.
(1949 Rev., S. 7135; P.A. 95-217, S. 5.)
History: P.A. 95-217 added Subdiv. indicators, and Subdiv. (2) re public service companies.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 822 - Easements and Restrictions › Section 47-42a. - Definitions.

For the purposes of sections 47-42b, 47-42c and 47-42d, the following definitions shall apply:
(a) “Conservation restriction” means a limitation, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land described therein, including, but not limited to, the state or any political subdivision of the state, or in any order of taking such land whose purpose is to retain land or water areas predominantly in their natural, scenic or open condition or in agricultural, farming, forest or open space use.
(b) “Preservation restriction” means a limitation, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of land, including, but not limited to, the state or any political subdivision of the state, or in any order of taking of such land whose purpose is to preserve historically significant structures or sites.
(1971, P.A. 173, S. 1; P.A. 04-96, S. 1; P.A. 05-124, S. 1.)
History: P.A. 04-96 added the state or any political subdivision of the state to conservation restriction and preservation restriction definitions, effective May 10, 2004; P.A. 05-124 made definitions applicable to Sec. 47-42d.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 822 - Easements and Restrictions › Section 47-42b. - Enforcement of conservation and preservation restrictions held by governmental body or charitable corporation.

No conservation restriction held by any governmental body or by a charitable corporation or trust whose purposes include conservation of land or water areas and no preservation restriction held by any governmental body or by a charitable corporation or trust whose purposes include preservation of buildings or sites of historical significance shall be unenforceable on account of lack of privity of estate or contract or lack of benefit to particular land or on account of the benefit being assignable or being assigned to any other governmental body or to any charitable corporation or trust with like purposes.
(1971, P.A. 173, S. 2.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 822 - Easements and Restrictions › Section 47-42c. - Acquisition of restrictions. Enforcement by Attorney General.

Such conservation and preservation restrictions are interests in land and may be acquired by any governmental body or any charitable corporation or trust which has the power to acquire interests in land in the same manner as it may acquire other interests in land. Such restrictions may be enforced by injunction or proceedings in equity. The Attorney General may bring an action in the Superior Court to enforce the public interest in such restrictions.
(1971, P.A. 173, S. 3; P.A. 05-124, S. 5.)
History: P.A. 05-124 permitted Attorney General to bring enforcement action in Superior Court to enforce public interest in restrictions, effective July 1, 2005.
Provision permitting enforcement by injunction or proceedings in equity authorized trial court to order a restoration plan that went beyond restoration of the property to its condition prior to defendant's violation of conservation restriction. 325 C. 737.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 822 - Easements and Restrictions › Section 47-42e. - Municipal property acquired with intent to place restriction or dedicated as park or open space land. Recording in land records. Enforcement.

(a) For purposes of this section:
(1) “Conservation restriction” has the same meaning as provided in section 47-42a;
(2) “Preservation restriction” has the same meaning as provided in section 47-42a; and
(3) “Open space land” has the same meaning as provided in section 12-107b.
(b) Whenever a municipality acquires any real property with the intent to place a conservation restriction, preservation restriction or other restriction on the use of such property, including acquiring property with funds specifically allocated for a conservation or preservation purpose, such municipality shall record in the land records a description of any such restriction and any applicable source of such restriction, including, but not limited to, the date of the referendum or local legislative body action that authorized such acquisition contingent upon certain use restrictions and the source of the funding for the acquisition of such property if such funding restricted the use of such property.
(c) Whenever a municipality intends to permanently protect any municipal property by dedicating such property as a park or open space land, such municipality shall record in the land records a description of such property, the date of such dedication and the local legislative body action that authorized such dedication.
(d) The failure of a municipality to comply with the provisions of subsection (b) or (c) of this section shall not be evidence of the lack of any such conservation restriction, preservation restriction or open space land dedication.
(e) Nothing in this section shall be construed to amend or alter any other legal right or obligation of a municipality concerning open space land or park land.
(f) If a municipality fails to comply with a dedication of land as open space land or park land or the terms of a conservation or preservation restriction, the Attorney General may bring an action in the superior court to enforce the public interest in such dedication or conservation or preservation restriction.
(P.A. 10-85, S. 2.)
History: P.A. 10-85 effective May 26, 2010.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 822 - Easements and Restrictions › Section 47-42f. - Maintenance of private easement or right-of-way. Costs. Action for specific performance or contribution.

(a) As used in this section: (1) “Residential real property” has the same meaning as provided in section 20-325c, but does not include property owned by the state or any political subdivision thereof; (2) “benefited property” or “property that benefits” includes residential real property burdened by an easement or right-of-way, the owner of which residential real property uses such easement or right-of-way; and (3) “easement” or “right-of-way” means a private appurtenant easement or right-of-way.
(b) The owner of any residential real property that benefits from an easement or right-of-way, the purpose of which is to provide access to such residential real property, shall be responsible for the cost of maintaining such easement or right-of-way in good repair and the cost of repairing or restoring any damaged portion of such easement or right-of-way. Such maintenance shall include, but not be limited to, the removal of snow from such easement or right-of-way.
(c) If more than one residential real property benefits from such easement or right-of-way, the cost of maintaining and repairing or restoring such easement or right-of-way shall be shared by each owner of a benefited property, pursuant to the terms of any enforceable written agreement entered into for such purpose. In the absence of such agreement, the cost of maintaining and repairing or restoring such easement or right-of-way shall be shared by each owner of a benefited property in proportion to the benefit received by each such property.
(d) Notwithstanding the provisions of subsections (b) and (c) of this section, any owner of a benefited property who directly or indirectly damages any portion of the easement or right-of-way shall be solely responsible for repairing or restoring the portion damaged by such owner.
(e) If any owner of a benefited property refuses to repair or restore a damaged portion of an easement or right-of-way in accordance with subsection (d) of this section, or fails, after a demand in writing, to pay such owner's proportion of the cost of maintaining or repairing or restoring such easement or right-of-way in accordance with subsection (c) of this section, an action for specific performance or contribution may be brought in the Superior Court against such owner by other owners of benefited properties, either jointly or severally.
(f) In the event of any conflict between the provisions of this section and an agreement described in subsection (c) of this section, the terms of the agreement shall control.
(P.A. 14-67, S. 1.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-43. - Proprietors to maintain.

The proprietors of lands shall make and maintain sufficient fences to secure their particular fields. Within cities and adjacent to house lots, a tight board fence four and one-half feet high, an open picket fence four feet high, the opening between pickets not to exceed four inches, or a slat rail fence four feet high, the opening between slats not to exceed six inches, the lower slat not over six inches from the ground, a fence not less than four feet high of chain link galvanized wire not smaller than number nine gauge supported upon galvanized tubular steel posts set in concrete, all end and corner posts to be suitably braced, and all to be substantially erected, or any other fence which in the judgment of the selectmen or other officials charged with the duty of fence viewers is equal thereto, shall be a sufficient fence; in places outside of incorporated cities, a rail fence four and one-half feet high, a stone wall four feet high, suitably erected, a wire fence consisting of four strands not more than twelve inches apart, stretched tightly, the lower strand not more than twelve inches and the upper strand not less than four feet from the ground, with good substantial posts not more than sixteen feet apart, and any other fence which in the judgment of the selectmen is equal to such a rail fence, shall be a sufficient fence. Adjoining proprietors shall each make and maintain half of a divisional fence, the middle line of which shall be on the dividing line, and such fence shall not exceed in width, if a straight wood fence or hedge fence, two feet; if a brick or stone fence, three feet; if a crooked rail fence, six feet; and, if a ditch, eight feet, not including the bank, which shall be on the land of the maker. No ditch shall be made adjacent to a house lot without the consent of the owner of the house.
(1949 Rev., S. 7155.)
Duty of proprietors when the line is such that no fence can be made. 1 R. 269. A ditch named and treated as a boundary is regarded as a division fence. 6 C. 473. Rights of party repairing such ditch. Id., 474. What constitutes a divisional fence within statute. 15 C. 135. Fence viewers are the sole judges of what is a sufficient fence. 24 C. 277. Terms “sufficient fence” and “ordinary fence” as used in statute, construed. 37 C. 126, 127. Statute commented on. 52 C. 34. Hedge as a division fence; rights of adjoining proprietors as to trimming hedge. 108 C. 98. Cited. 181 C. 454.
Cited. 46 CA 164.
Privet hedge set out and cared for by defendant only having its middle line on her property from three inches to one and nine-tenths feet from boundary line held not division fence. 4 Conn. Cir. Ct. 196.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-45. - Appointees to perform duties of selectmen as to fences.

In any town, city or borough which conducts its government under the provisions of any special act, and in which the duties in relation to fences imposed by the general statutes on selectmen are not specifically assigned to another officer or agency, the legislative body of such municipality, or the board of selectmen in the case of a municipality in which the legislative body is a town meeting, may appoint a suitable person or a committee of three persons to perform such duties and may provide for the payment of a fee therefor, which fee shall not be less than that provided by section 47-44.
(1953, S. 2967d; P.A. 94-59, S. 5.)
History: P.A. 94-59 provided that appointments be made by the board of selectmen in the case of a municipality in which the legislative body is a town meeting.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-46. - Payment for fence between agricultural property and state highway.

When there is no fence between property used for agricultural purposes adjoining a state highway and the highway property sufficient for the purposes of section 47-43, or when any fence so located is in need of replacement, the adjoining proprietor may, with the written agreement of the Commissioner of Transportation, executed within sixty days of a written request by such proprietor, cause such a fence to be constructed or replaced within two years from the date of the agreement; and the Commissioner of Transportation shall, within sixty days after the construction or replacement is completed, reimburse the proprietor for one-half the cost thereof, subject to limitations of costs per linear foot and in accordance with standards to be established by said commissioner.
(1957, P.A. 234; 1967, P.A. 43; 1969, P.A. 768, S. 262.)
History: 1967 act specified that fence must be constructed or replaced “within two years from the date of the agreement”; 1969 act replaced highway commissioner with commissioner of transportation.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-46a. - Payment for fence between agricultural property and property in control of Department of Energy and Environmental Protection.

Where there is no fence between property used for agricultural purposes and adjoining property of the state under control of the Department of Energy and Environmental Protection sufficient for the purposes of section 47-43, or when any fence so located is in need of replacement, and the boundary has been mutually agreed upon, the adjoining proprietor may, with the written agreement of the Commissioner of Energy and Environmental Protection, executed within sixty days of a written request by such proprietor, cause such a fence to be constructed or replaced within six months of the date of the agreement; and the commissioner shall, within sixty days after the construction or replacement is completed, reimburse the proprietor for one-half the cost thereof, the state's share not to exceed four dollars a rod, payments to be made in the order of receipt of applications and completion of projects. Total payments under this section shall not exceed five thousand dollars in any fiscal year.
(1961, P.A. 558; 1967, P.A. 72; 1971, P.A. 872, S. 205; P.A. 79-530, S. 1, 3; P.A. 11-80, S. 1.)
History: 1967 act increased state's maximum share in reimbursement from $1 to $2 per rod; 1971 act replaced state park and forest commission and its director with department and commissioner of environmental protection and revised reference to maximum for total payments to reflect change from biennial to annual budget; P.A. 79-530 raised state's maximum share for reimbursement to $4 per rod and raised maximum amount for total payments from $2,500 to $5,000 per fiscal year; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-47. - Barbed wire between adjoining premises or enclosing grounds of public buildings.

No person shall use barbed wire in the construction of fences, or have barbed wire upon existing fences, between his own premises and those of an adjoining proprietor, within twenty-five rods of any house or barn belonging to such proprietor, unless either premises are used in connection with raising livestock, without first obtaining his written consent. No barbed wire shall be used in the construction of fences, or retained upon existing fences, connected with or enclosing the grounds of any public school or public building, except a Department of Transportation storage facility or a vessel operations area of a state-owned waterfront facility or aircraft operations area of a state-owned airport. Any person who violates any provision of this section shall be fined not more than one hundred dollars.
(1949 Rev., S. 7157; P.A. 80-105; P.A. 84-322.)
History: P.A. 80-105 added exception re premises used in raising livestock to provision requiring written consent for barbed wire fence within twenty-five rods of house or barn; P.A. 84-322 allowed use of barbed wire at department of transportation storage facilities, vessel operations areas of state-owned waterfront facilities and aircraft operations areas of state-owned airports.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-48. - Barbed wire along sidewalks.

No barbed wire shall be installed along any sidewalk unless it is at least six and one-half feet above the ground. Any barbed wire in use in conformity with section 7156 of the general statutes, revision of 1949, on October 1, 1957, may be continued in use.
(1949 Rev., S. 7156; 1957, P.A. 157, S. 1.)
When violation of a statute concerning barbed wire is not set up in complaint in action for damages for personal injuries, it is error to read statute to the jury to show that legislature thought barbed wire a dangerous thing. 101 C. 549.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-49. - Purchase of division fence.

If one proprietor or his predecessor in title makes the whole fence and the adjoining proprietor afterwards encloses his land, such adjoining proprietor shall purchase and maintain half of the divisional fence. If the parties do not agree in dividing and appraising it, either may call on the selectmen of the town in which such fence is situated, who may set out, to each, his proportion of such fence and determine how much shall be paid to the party erecting or owning the same by the other; a certificate of which determination, under the hands of the selectmen, shall be sufficient evidence for the recovery of the amount so determined. No action therefor shall be maintained unless the proprietor, who, or whose predecessor in title, first occupied his land and made the whole of the divisional fence, has caused such fence to be so divided and appraised within six years after the adjoining proprietor, or those under whom he holds, has first enclosed his land by particular enclosure, nor unless such action is commenced within one year after such division and appraisal have been made.
(1949 Rev., S. 7158.)
Parol division of divisional fence by adjoining proprietors is valid. 29 C. 428. When decision of one selectman binding as to division of fence. 32 C. 109. Where party builds whole of division fence on line, the adjacent proprietor has no right to tear down half. 52 C. 34.
Cited. 4 Conn. Cir. Ct. 196, 199.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-50. - Division of fence by selectmen.

When a fence between adjoining proprietors has never been divided and either refuses to divide it, the other may call on the selectmen to make a division, who shall set out, in writing, the better part to him who erected it or to the party holding under him; and the cost, certified by the selectmen in writing, shall be paid by him who refused to make such division. Such division, when recorded in the town where the land lies, shall be binding on the parties.
(1949 Rev., S. 7159.)
Cited. 4 Conn. Cir. Ct. 196, 199.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-51. - Repair of division fence.

If any person neglects to keep his division fence in repair, the party aggrieved may call on the selectmen to view it, who, if they find it insufficient, shall immediately give written notice thereof to the person bound to repair it, and shall also mail to the owner of any mortgage upon land which is partly bounded by the fence in question a written notice of an order to repair such fence. If none of the parties interested, to whom notice has been given, makes such repairs within fifteen days from the time of giving such notice, the party aggrieved may make such repairs and recover of the person bound to repair it double the cost of such repairs as estimated in writing by the selectmen and also the fees of such selectmen. Such sums shall constitute a lien upon such land against all persons interested therein, provided such lien shall be recorded in the office of the town clerk of the town in which such land is situated within sixty days from the time of completing such repairs. Such liens may be foreclosed in the manner provided for the foreclosure of mortgages.
(1949 Rev., S. 7160.)
Defendant's obligation to keep fence in repair must be averred. 15 C. 532. Fence viewers are the sole judges as to sufficiency of fence. 24 C. 277. Fence viewers are not judicial officers. Id.; 28 C. 604. Unnecessary to set forth in notice the particular defects; what notice is sufficient. 24 C. 277; 29 C. 421; Id., 431. Not necessary that notice should be given delinquent party of the time of meeting to estimate value of repairs. 28 C. 605; 101 C. 289. The 15 days given to repair run from time of serving notice; to what extent complainant, on neglect of the owner, may repair. 29 C. 431. Selectmen's order is void if fence is not a divisional fence; question may be raised for first time in Superior Court. 101 C. 288.
Cited. 4 Conn. Cir. Ct. 196, 199.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-52. - When dividing line is a stream.

When the dividing line is a stream or pond, which does not take the place of a sufficient fence, and it is impracticable to make the fence in the line, if either party refuses to make a division fence on either side, two selectmen of the town shall, on application of either party, determine on which side of the stream or pond the fence shall be erected and maintained, or whether partly on one side and partly on the other, and what part each shall make and maintain, and deliver their determination in writing to the parties. If either refuses to make and maintain his part of the fence, the other may do so and recover the expense from the party so refusing.
(1949 Rev., S. 7161.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-53. - Apportionment of division fence. Penalty.

When there is no fence between adjoining proprietors or when a particular enclosure is divided between two or more proprietors and either desires to have a division fence erected, any two selectmen of the town where such land is situated, and, if the same is situated in more than one town, then one from each town, may view such dividing line, first giving notice to such proprietors; and, if they deem it reasonable that such fence should be erected at the expense of each of such adjoining proprietors, shall divide and stake out a line and assign to each his portion thereof and limit a time within which it shall be erected; and each proprietor shall erect a sufficient fence on the portion of such line so set to him. If either makes his portion of such fence and the other neglects to make his portion within such time, such selectmen may cause the fence to be completed, and the expense thereof, as certified by the selectmen, shall be paid by the proprietor so neglecting. Any person who neglects to erect a sufficient fence on the portion of such line so set to him, within the time prescribed by such selectmen, shall be fined not more than two dollars for each day of such neglect.
(1949 Rev., S. 7162.)
Fence viewers have no power to settle disputed lines or bounds. 28 C. 198; 101 C. 289.
Cited. 4 Conn. Cir. Ct. 196, 199.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-54. - Proceedings to obtain new division fence.

When a particular enclosure has been divided and the parties cannot agree respecting the division of a fence belonging to the same, or when adjoining proprietors cannot agree respecting the division of an existing fence, and there is no record of any division of it, any of them may call out any two selectmen of the town where such fence is situated, or, if the same is in two towns, one from each town, who shall view such fence and make a division and award in favor of and against such parties such sums as they deem reasonable. Such award shall be in writing, signed by such selectmen, describing such division and limiting a time for the payment of the sums awarded, and, when recorded in the town or towns where such fence is situated, shall be final, and shall not be invalid in consequence of any inaccuracy, if the location of such division, the parties and the sums awarded can be understood.
(1949 Rev., S. 7163.)
Verbal agreements for dividing do not run with the land. 21 C. 342; 101 C. 290.
Cited. 4 Conn. Cir. Ct. 196, 199.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-55. - Damage by animals.

All damage done within enclosures by cattle, horses, asses, mules, sheep, swine or goats, when the fence is sufficient, shall be paid by the owner of the animals. No person shall recover for damage done within his enclosure by reason of the insufficiency of his fence, unless done by animals at large contrary to law, or by unruly cattle that are not restrained by ordinary fences; or unless the owner of animals puts them into or voluntarily trespasses on such enclosure; or unless they entered through a part of the fence which was sufficient; in all of which cases the owner of the land may impound them and recover poundage and damages.
(1949 Rev., S. 7164.)
Where fence is sufficient: Who are the “owners” of cattle within statute. 6 C. 532; 16 C. 204. Under first part of statute, no action lies unless fence is sufficient. 14 C. 295, 296. Otherwise where cattle are unruly. 16 C. 206. Where fence is insufficient: A defense of insufficient fence may be met by evidence that cattle were unruly. Id. Cattle entering through insufficient fence may be impounded. 32 C. 221. Terms “sufficient fence” and “ordinary fence”, construed. 37 C. 126, 127. No obligation to fence against unruly cattle; history of legislation re fences. Id., 129. Statute held inapplicable in action for damages due to vicious bull. 79 C. 271. What cases are covered by statute. 94 C. 549; 96 C. 662. Evidence held to show cattle at large on highway and unruly. 94 C. 550. Plaintiff who was not the owner of the land had no rights under statute. 124 C. 695.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 823 - Fences › Section 47-56. - Fences around home lots.

When adjoining proprietors are unable to agree about erecting a division fence and there is a dwelling house on the lot of one proprietor within one hundred rods of the dividing line, he may notify any two selectmen of the town in which such lot is situated or, if it is in more than one town, then one selectman from each town, who shall give written notice to the parties of the time and place of a hearing in regard to such fence; and the proprietor of such lot may, upon the terms named by the selectmen, erect a better fence than is required by law, and the adjoining proprietor shall pay such part of the expense as he would pay for the erection of an ordinary sufficient fence, but shall be allowed the value of his part of the existing division fence appraised by the selectmen. The expense of maintaining such better fence beyond that of an ordinary sufficient fence shall be defrayed by the owner of such lot, who shall also pay the fees of the selectmen. Such selectmen shall make a written certificate of their doings and leave a copy with each proprietor; and the party erecting the fence may recover of the other party the amount to be paid by him if not so paid within thirty days after the erection of such fence.
(1949 Rev., S. 7165.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-57 and 47-58. - Resident aliens and French citizens, rights re real estate. When nonresident aliens may hold real estate.

Sections 47-57 and 47-58 are repealed.
(1949 Rev., S. 7166, 7167; P.A. 74-60; P.A. 85-211, S. 2.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-59a. - Connecticut Indians; citizenship, civil rights, land rights.

(a) It is hereby declared the policy of the state of Connecticut to recognize that all resident Indians of qualified Connecticut tribes are considered to be full citizens of the state and they are hereby granted all the rights and privileges afforded by law, that all of Connecticut's citizens enjoy. It is further recognized that said Indians have certain special rights to tribal lands as may have been set forth by treaty or other agreements.
(b) The state of Connecticut further recognizes that the indigenous tribes, the Schaghticoke, the Paucatuck Eastern Pequot, the Mashantucket Pequot, the Mohegan and the Golden Hill Paugussett are self-governing entities possessing powers and duties over tribal members and reservations. Such powers and duties include the power to: (1) Determine tribal membership and residency on reservation land; (2) determine the tribal form of government; (3) regulate trade and commerce on the reservation; (4) make contracts; and (5) determine tribal leadership in accordance with tribal practice and usage.
(P.A. 73-660, S. 1, 11; P.A. 89-368, S. 16.)
History: P.A. 89-368 added Subsec. (b) giving recognition of powers and duties of indigenous tribes over tribal members and reservations.
Cited. 176 C. 318; 180 C. 474; 217 C. 612; 231 C. 563; 243 C. 115. Although section recognizes the right of tribes to select their own leaders, it does not provide that leadership disputes may be settled through means that violate state criminal statutes. 263 C. 602.
Cited. 18 CA 4; 22 CA 229; judgment reversed, see 217 C. 612. “Rights and privileges” include access to state's courts, and tribe's initiation of summary process action in state court constitutes consent to the court's jurisdiction. 138 CA 204.
Subsec. (a):
“Rights and privileges” must include access to the state's courts; court properly exercised subject matter jurisdiction to adjudicate summary process action involving eviction from reservation land where plaintiffs, by initiating action, consented to court's jurisdiction and the court's exercise of jurisdiction did not interfere with the Schaghticoke Indians' right to self-governance or infringe on any tribal laws or adjudicative authority of the Schaghticoke Indians. 138 CA 204.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-60. - Reservation land held in trust by state. Conveyances by Indians void.

(a) Any reservation land held in trust by the state on October 1, 1989, shall continue to be held in trust in perpetuity to prevent alienation and to insure its availability for future generations of Indians. Except as otherwise expressly provided, all conveyances by any Indian of any land belonging to, or which has belonged to, the estate of any tribe shall be void.
(b) A tribe shall exercise on reservation land all rights incident to ownership except the power of alienation.
(1949 Rev., S. 7169; P.A. 89-368, S. 21.)
History: P.A. 89-368 amended Subsec. (a) specifying that reservation land held in trust by the state shall continue to be held in trust and added Subsec. (b) re exercise of rights to tribal reservation land.
A prescriptive right-of-way cannot exist over lands, the conveyance of which is forbidden by law. 51 C. 71. Cited. 180 C. 474.
Cited. 22 CA 229; judgment reversed, see 217 C. 612. One right incident to property ownership is the right to bring a summary process eviction action. 138 CA 204.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-61. - No title by possession against an Indian.

In any action brought by an Indian or Indians for the recovery of lands owned by Indians, or sequestered for their use by the General Assembly or by any town agreeably to law, the defendant shall not plead the statute of limitations, except as against an Indian or Indians authorized by law to convey Indian lands, or as against a town authorized by law to convey Indian lands.
(1949 Rev., S. 7170.)
Cited. 180 C. 474.
Cited. 22 CA 229; judgment reversed, see 217 C. 612.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-61a. - Records of traditional cultural knowledge submitted to public agency for cultural affiliation determination exempt from disclosure.

(a) As used in this section, (1) “records of traditional cultural knowledge” means records containing information central to a community's cultural and social identity, including, but not limited to, religious rites and rituals, location of sacred sites, kinship membership statistics and oral histories and traditions; (2) “tribal nation” means any Indian tribe or Native Hawaiian organization, as defined under NAGPRA, or any tribe recognized by one or more state governments; and (3) “NAGPRA” means the Native American Graves Protection and Repatriation Act, 25 USC 3001 et seq.
(b) Any record of traditional cultural knowledge submitted by a member, representative or lineal descendant of a tribal nation to any public agency, as defined in section 1-200, as part of the consultation process to determine cultural affiliation under NAGPRA and its implementing regulations, 43 CFR 10, shall not be deemed a public record and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200.
(P.A. 21-114, S. 1.)