Title 47 — Title 47: Land and Land Titles

Sec. 47-33b. Marketable record title. Definitions. As used in sections 47-33b to 47-33l, inclusive: (a) “Marketable record title” means a title of record which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stat…

Sec. 47-33c. Chain of title for not less than forty years creates marketable record title. Any person having the legal capacity to own land in this state, who has an unbroken chain of title to any interest in land for forty years or more, shall be deemed to have a marketable reco…

Sec. 47-33d. Interests to which title is subject. Such marketable record title is subject to: (1) All interests and defects which are created by or arise out of the muniments of which the chain of record title is formed; provided a general reference in the muniments, or any of th…

Sec. 47-33e. Prior interests void. Subject to the matters stated in section 47-33d, such marketable record title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims or charges whatsoever, the existence of which…

Sec. 47-33f. Notice of claim filed within forty-year period. (a) Any person claiming an interest of any kind in land may preserve and keep effective that interest by recording, during the forty-year period immediately following the effective date of the root of title of the perso…

Sec. 47-33g. Contents of notice. Recording. Indexing. (a) To be effective and to be entitled to recordation, the notice referred to in section 47-33f shall contain an accurate and full description of all land affected by the notice, which description shall be set forth in particu…

Sec. 47-33h. Excepted interests. Sections 47-33b to 47-33l, inclusive, shall not be applied to bar any lessor or successor of the lessor as a reversioner of the right to possession on the expiration of any lease or to bar or extinguish any easement or interest in the nature of an…

Sec. 47-33i. Other statutes not affected. Nothing contained in sections 47-33b to 47-33l, inclusive, shall be construed to extend the period for bringing an action or for doing any other required act under any statute of limitation, nor, except as herein specifically provided, to…

Sec. 47-33j. Notice not to be recorded to slander title. Damages. No person may use the privilege of recording notices under sections 47-33f and 47-33g for the purpose of slandering the title to land. In any action brought for the purpose of quieting title to land, if the court f…

Sec. 47-33k. Construction. Sections 47-33b to 47-33l, inclusive, shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in section 47-33c, subject o…

Sec. 47-33l. Forty-year period extended, when. If the forty-year period specified in sections 47-33b to 47-33k, inclusive, has expired prior to two years after July 1, 1969, such period shall be extended two years after July 1, 1969. (1967, P.A. 553, S. 11; 1969, P.A. 509, S. 5.)…

Sec. 47-33m. Short title: Dormant Mineral Interests Act. Sections 47-33m to 47-33t, inclusive, may be cited as the “Dormant Mineral Interests Act”. (P.A. 87-283, S. 1.)

Sec. 47-33n. Dormant Mineral Interests Act: Statement of policy. (a) The public policy of this state is to enable and encourage marketability of real property and to mitigate the impact of dormant mineral interests on the full use and development of both surface estate and minera…

Sec. 47-33o. Dormant Mineral Interests Act: Definitions. As used in sections 47-33m to 47-33t, inclusive: (1) “Mineral interest” means an interest in a mineral estate, however created and regardless of form, whether absolute or fractional, divided or undivided, corporeal or incor…

Sec. 47-33p. Dormant Mineral Interests Act: Exclusions. (a) Sections 47-33m to 47-33t, inclusive, do not apply to: (1) A mineral interest of the United States or an Indian tribe, except to the extent permitted by federal law. (2) A mineral interest of this state or an agency or p…

Sec. 47-33q. Dormant Mineral Interests Act: Termination of dormant mineral interest. (a) The owner of the fee simple title to any real property subject to a dormant mineral interest in any other person or entity may maintain an action to terminate such dormant mineral interest. A…

Sec. 47-33r. Dormant Mineral Interests Act: Preservation of mineral interest by notice. (a) Any person claiming any kind of mineral interest may preserve and keep effective that interest by recording a notice of intent to preserve the mineral interest or a part thereof. The miner…

Sec. 47-33s. Dormant Mineral Interests Act: Effect of termination of mineral interest. A court order or decree terminating a mineral interest, when recorded, merges the terminated mineral interest, including express and implied appurtenant surface rights and obligations, with the…

Sec. 47-33t. Dormant Mineral Interests Act: Savings and transitional provisions. (a) Except as otherwise provided in sections 47-33m to 47-33t, inclusive, upon October 1, 1987, apply to all mineral interests, whether created before, on or after October 1, 1987. (b) An action may …

Sec. 47-34. Bounds between proprietors reestablished by Superior Court. When the boundaries of lands between adjoining proprietors have been lost or become uncertain and they cannot agree to establish the boundaries, one or more of them may bring a complaint to the superior court…

Sec. 47-34a. Unlawful destruction, disturbance or removal of surveyor's marker or monument. (a) Any person who knowingly injures, destroys, disturbs or removes any marker properly placed on any tract of land or street or highway line by a surveyor, or by any person at the directi…

Sec. 47-35. Tobacco poles deemed to be part of tobacco-curing structure. Tobacco poles used in any structure utilized for the curing of tobacco in the leaf shall be deemed for all purposes an integral part of such structure. (1949 Rev., S. 7127; 1971, P.A. 871, S. 119.) History: …

Sec. 47-36. Federal claim or judgment to be recorded. If the United States of America, or any official or agent in its behalf, claims any lien or encumbrance on, or interest in, land situated in this state, whether or not as a lien referred to in section 49-32a, or if any judgmen…

Sec. 47-4. Rule in Shelley's case, and collateral warranties, abolished. All grants or devises of an estate in lands, to any person for life and then to his heirs, shall be only an estate for life in the grantee or devisee. All collateral warranties of lands, made by any ancestor…

Sec. 47-5. Requirements re conveyances of land. Conveyance pursuant to power of attorney. (a) All conveyances of land shall be: (1) In writing; (2) if the grantor is (A) a natural person, subscribed, with or without a seal, by the grantor with his own hand or with his mark with h…

Sec. 47-5a. Persons before whom acknowledgment may be made. If the acknowledgment in a conveyance of real estate is made in this state, it may be made before a judge of a court of record of this state or of the United States, a clerk of the Superior Court, a justice of the peace,…

Sec. 47-6. Witnessing and acknowledgment of deeds of corporations and voluntary associations. Conveyances of real estate made to or by any corporation, or the trustees of any voluntary association, may be attested by witnesses interested therein, and may be acknowledged before pr…

Sec. 47-6a. Foreign business trust authorized to purchase, hold, transmit, make mortgages on, acquire and convey interests in real estate; filing of trust declaration. A trust with transferable shares organized under the laws of any state, commonly known as a business trust, may …

Sec. 47-6b. Conveyances to nonprofit land-holding organizations. (a) As used in this section: (1) “Nonprofit land-holding organization” means a nonprofit corporation incorporated pursuant to chapter 602, or any predecessor statute thereto, having as one of its principal purposes …

Sec. 47-7. Conveyances and releases executed outside this state. Exception. (a) Notwithstanding the provisions of section 1-36, any conveyance of real estate situated in this state, any mortgage or release of mortgage or lien upon any real estate situated in this state, and any p…

Sec. 47-7a. (Formerly Sec. 47-58a). Rights of aliens re real estate. Validation of real estate transfers to aliens. (a) Any alien, whether or not resident in the United States, may hold, acquire, lease, inherit and transfer real estate in this state in as full a manner as native-…

Sec. 47-7b. Representation of interests of state when marketability of land titles threatened by claim of Indian tribe. The General Assembly finds that the state has a significant interest in the stability and marketability of land titles. The Attorney General may, in his discret…

Sec. 47-8. Release of mortgage or lien in favor of state. Any mortgage to, or lien in favor of, the state or its Treasurer may be released by the Treasurer under his hand and official seal. (1949 Rev., S. 7088.)

Sec. 47-9. Deeds of railroad companies. Whenever any railroad company makes and executes a deed in fee simple of any lands which that company has derived by purchase, that deed effectually conveys the title to those lands to the absolute use of the grantee. (1949 Rev., S. 7089; P…