Title 47 — Title 47: Land and Land Titles

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…

Sec. 47-37. When acquired by adverse use. No person may acquire a right-of-way or any other easement from, in, upon or over the land of another, by the adverse use or enjoyment thereof, unless the use has been continued uninterrupted for fifteen years. (1949 Rev., S. 7130; P.A. 7…

Sec. 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 th…

Sec. 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 …

Sec. 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 o…

Sec. 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 …

Sec. 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 inte…

Sec. 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 ot…

Sec. 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…

Sec. 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…

Sec. 47-42d. Permit applications filed with state or local land use agency, local building official or director of health. Appeals by party or state agency holding restriction. Civil penalty. (a) For purposes of this section, “state or local land use agency” includes, but is not …

Sec. 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) “Pre…

Sec. 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 20-311, but does not include property owned by the state …

Sec. 47-43. Proprietors to maintain sufficient fences. The proprietors of lands shall make and maintain sufficient fences to secure their particular fields and to contain their livestock from roaming at large. Within cities and adjacent to house lots, a tight board fence four and…

Sec. 47-44. Compensation of selectmen for services as fence viewers. Selectmen shall receive two dollars for each day's service as fence viewers. (1949 Rev., S. 3633.) Cited. 103 C. 424.

Sec. 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 …

Sec. 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 i…

Sec. 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 o…

Sec. 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 …

Sec. 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…

Sec. 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 i…

Sec. 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 pa…

Sec. 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 shal…

Sec. 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 th…

Sec. 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 …

Sec. 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 t…

Sec. 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 insuffic…

Sec. 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 l…

Secs. 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.)

Sec. 47-58a. Transferred to Chapter 821, Sec. 47-7a.

Sec. 47-59. Overseer of Indians. Section 47-59 is repealed. (1949 Rev., S. 7168; 1961, P.A. 304, S. 6.)

Sec. 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 gr…

Sec. 47-59b. Indian Affairs Council; composition, duties, executive director, regulations, report. (a) There shall continue to be an Indian Affairs Council, consisting of one representative from each of the following Indian tribes: The Schaghticoke, the Paucatuck Eastern Pequot, …

Sec. 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 o…

Sec. 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 limit…

Sec. 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 communit…

Sec. 47-62. Taking wood from land of Indian. Section 47-62 is repealed. (1949 Rev., S. 7171; 1961, P.A. 304, S. 6.)

Sec. 47-63. Definitions. The following terms as used in this chapter, shall have the following meanings: “Indian” means a person who is a member of any of the following tribes, Paucatuck Eastern Pequot, Mashantucket Pequot, Schaghticoke, Golden Hill Paugussett and Mohegan; “reser…

Sec. 47-64. Use of reservations. Restriction of leases. Escheats. (a) Each tribe shall determine who may live on reservation land, provided any person lawfully residing on a reservation on October 1, 1989, may continue to reside on such reservation. Residents may be removed in ac…

Sec. 47-65. Management of reservations and residents thereon. Adoption of regulations. Governor designated administrative agent. (a) The Commissioner of Energy and Environmental Protection with the advice of the Indian Affairs Council shall have the care and management of reserva…