2005 Connecticut Code - Sec. 47-10. Conveyance to be recorded. Recorded conveyance not invalid or unenforceable if original documentation converted into digital or electronic form, lost or destroyed.
Sec. 47-10. Conveyance to be recorded. Recorded conveyance not invalid or
unenforceable if original documentation converted into digital or electronic form,
lost or destroyed. (a) No conveyance shall be effectual to hold any land against any
other person but the grantor and his heirs, unless recorded on the records of the town
in which the land lies. When a conveyance is executed by a power of attorney, the power
of attorney shall be recorded with the deed, unless it has already been recorded in the
records of the town in which the land lies and reference to the power of attorney is made
in the deed.
(1949 Rev., S. 7091; P.A. 79-602, S. 35; P.A. 02-66, S. 1.)
History: P.A. 79-602 restated provisions but made no substantive change; P.A. 02-66 designated existing provisions as Subsec. (a) and added Subsec. (b) re properly recorded conveyance not invalid or unenforceable if original documentation evidencing conveyance is converted into digital or electronic form or is lost or destroyed.
When and how delay to record at length affects title of grantee. K 72; 1 R. 61, 81, 500; 2 R. 287, 298. When parol evidence admissible to show actual time of recording. 1 R. 81. Rule that deed first recorded obtains priority, how qualified. 2 R. 239, 383; 2 C. 467; 4 C. 575; 8 C. 342; 15 C. 307; 71 C. 100. Action lies against clerk for delivering up deed before recording. 2 R. 85. Bona fide later purchaser without notice of former conveyance by unrecorded deed holds against such former purchaser. 2 R. 420. Whether a deed releasing an equity of redemption is valid without being recorded. 2 D. 280. Unrecorded deed not good against disseizor. 2 C. 92; Sed quaere. What writing is not required to be recorded. 2 C. 467. What notice of encumbrance the condition of a mortgage deed must give; 4 C. 158; 5 C. 442; 6 C. 37, 116; 7 C. 387; 8 C. 215; 9 C. 286; 12 C. 195; 13 C. 165, 376; 14 C. 77; 15 C. 562; 16 C. 260; 18 C. 257; 19 C. 29; 20 C. 240, 427, 603; 31 C. 74, 488; 46 C. 313; 73 C. 318; 74 C. 198; id., 405; 76 C. 388; 84 C. 329; 85 C. 46; 91 C. 496; United States supreme court follows rule of state court. 91 U. S. 452. Return to grantor and cancellation of unrecorded deed does not divest grantee's title. 4 C. 550; 5 C. 262. Covenant of seizin may be broken, although grantee by first recording has secured title. 5 C. 262. Recording of deed, defective in a statute requisite does not give notice. 5 C. 468; 8 C. 549; 14 C. 135; 87 C. 369; Sec. 47-17. Unrecorded deed, when admissible in evidence. 7 C. 291. Action lies for fraudulent withdrawal of deed from clerk's office. 8 C. 342. Mortgage deed recorded after death of mortgagor, good. 11 C. 174. Estate by curtesy cannot be divested by disclaimer duly signed, attested, acknowledged, and recorded. 13 C. 83. What record of power of attorney sufficient. 14 C. 32. Burden of proof rests on prior grantee who claims against subsequent deed first recorded. 17 C. 594. When conveyances may be proved by copies of records. 18 C. 311. Deed not recorded until after death of grantor good against a purchaser from his heir at law. 24 C. 211. Deed defective in formal requisite is treated in a court of equity as an executory contract for sale of land. 27 C. 104. What is a reasonable time in which to record deed. 40 C. 85. A mortgage not recorded until after attachment of the mortgaged property, where the delay is unreasonable and unexplained, is not good against the attaching creditor Id., 214. Placing a deed on record with intent to pass title to grantee makes a legal delivery. 49 C. 570. Party lending on mortgage in good faith is not charged with notice of equities which do not appear of record. 50 C. 46. Question of priority between deed with covenants given before grantor acquired title and deed given, after title acquired, to purchaser in good faith, for value, without notice. Id., 113. Casual knowledge of prior unrecorded mortgage does not charge notice thereof against party taking second mortgage on same land nine years later. Id., 517. Absolute recorded deed, with separate unrecorded defeasance, making it a mortgage, is invalid against grantor's attaching creditor. 51 C. 446. Provision in railroad company's charter may render unnecessary recording conveyance of its property in land records. 52 C. 274. Grantee not affected by mistake in recording his deed; various points about priority of mortgages. 56 C. 55. Title of trustee in insolvency takes precedence of prior mortgages unrecorded for two years. 71 C. 358. Priorities between purchaser of land and execution creditor; 70 C. 356; between attaching creditor and purchaser failing to record deed. 71 C. 364; 91 C. 423. What is reasonable time for record, question of fact; 71 C. 95; 91 C. 423; when properly recorded, deed dates back to time of delivery. 76 C. 44; 91 C. 423. Notice of building restriction by record. 68 C. 367. Failure to discover record, no defense. Id., 305. Policy of our law is to show title by record; 74 C. 405; 84 C. 329; 85 C. 47; 87 C. 99; 108 C. 24; mortgage; 82 C. 306. Extent of notice by record. 74 C. 405; 76 C. 50; 80 C. 329; 102 C. 687. Priority where A, having no title, deeds land to B, then gets title and deeds to C. 76 C. 44. Deed endorsed as recorded after mortgage back, held to precede mortgage. Id., 47. Effect of knowledge of right not appearing of record. 83 C. 581; 87 C. 90; id., 209. Effect of failure to record separate defeasance. 85 C. 46; 89 C. 444. Creditor's rights where deed or mortgage is not recorded. 85 C. 46; id., 696. Priority where one purchases after mechanic's lien attaches but before record. 87 C. 316. Unrecorded deed, how far good. 89 C. 35, 45. Withholding record of mortgage to uphold mortgagor's credit is fraudulent. 74 C. 367. Recording mortgage of street railway. Id., 63. Only creditor who extends credit on strength of record title can prevail over undisclosed equitable rights of third parties. 91 C. 576. Mortgagee without notice and giving value may foreclose regardless of such equities. Id., 580. That land records would have shown true title is no defense in action for fraudulent misrepresentation as to title. 94 C. 226. Distinction between constructive knowledge from land records as regards character and extent of actual title, and such knowledge in creating personal rights related to title. Id., 225. Recording of a map is inoperative unless clearly referred to in properly recorded deed. 108 C. 541. Cited. 113 C. 481; 109 C. 438; 132 C. 554. Assignment of a mortgage falls within this statute. 121 C. 268. Prior assignee of mortgage who failed to record estopped by conduct. 126 C. 101. One invoking estoppel must exercise good faith and reasonable diligence. Id. Mechanic's lien given priority over purchase money mortgage not recorded until after materials were furnished. 130 C. 367. Lack of actual notice of restrictions cannot aid defendant since they were on record. 138 C. 188. If a deed of real property is given to secure a debt, it must describe the indebtedness with reasonable accuracy to be valid against other encumbrances. 146 C. 523. Cited. 182 C. 1, 5. Cited. 207 C. 555, 561, 562. Cited. 219 C. 810, 815-817, 820. Cited. 221 C. 77, 80.
Cited. 5 CA 429, 431, 432. Cited. 31 CA 696, 700. Cited. 33 CA 197, 202. Cited. 35 CA 682, 689. Cited. 41 CA 754, 760-762. Section does not indicate that a flaw in the instrument or its recordation would make it inadmissible as evidence. 51 CA 733. When read together with Sec. 47-5, indicates that only when a natural person attempts to convey property through a power of attorney must the instrument creating the power be filed with the conveyance, or have been previously filed, to have legal effect. Id.
Unless a mortgage is recorded within a reasonable time before the execution of a subsequent mortgage, the latter has priority. 6 CS 97. Reasonable time depends upon the facts in each particular case. 11 CS 407. Cited. 15 CS 466. Quit claim deed executed in 1936 and recorded in 1948 not good against a judgment lien recorded more than five months previously. 16 CS 428.
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