2005 Connecticut Code - Sec. 47-33b. Marketable record title. Definitions.

      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 stated in section 47-33e;

      (b) "Records" means the land records of the town where the particular land is located;

      (c) "Recorded" means recorded as provided by section 47-10 or section 49-5, as the case may be;

      (d) "Person dealing with land" includes a purchaser of any estate or interest therein, a mortgagee, an attaching or judgment creditor, a land contract vendee, or any other person seeking to acquire an estate or interest therein, or impose a lien thereon;

      (e) "Root of title" means that conveyance or other title transaction in the chain of title of a person, purporting to create or containing language sufficient to transfer the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it is recorded;

      (f) "Title transaction" means any transaction affecting title to any interest in land, including, but not limited to, title by will or descent, by public sale, by trustee's, referee's, guardian's, executor's, administrator's, conservator's or committee deed, by warranty or quitclaim deed, by mortgage or by decree of any court.

      (1967, P.A. 553, S. 1; 1969, P.A. 509, S. 1; P.A. 78-105, S. 1, 4.)

      History: 1969 act redefined "root of title" to change marker date for most recent conveyance or other title transaction from sixty to forty years before time when marketability is being determined; P.A. 78-105 redefined "root of title" to include conveyances or title transactions "containing language sufficient to transfer" interest claimed.

      Cited. 183 C. 59, 60. Marketable title act, Sec. 47-33b et seq. cited. 219 C. 81, 83-85, 87-89. Cited. 239 C. 199. Marketable Title Act cited. Id. Reaffirmed previous holdings that Marketable Title Act extinguishes only those property interests that once existed and cannot be used to create an easement where grantor had no legal right to make the grant. 254 C. 502. Trial court properly determined that Marketable Title Act was not a special defense that had to be pleaded affirmatively by defendants, and it properly placed on plaintiff the burden of proving validity of the easement under the act. 270 C. 487.

      Cited. 3 CA 550, 553. Conn. Marketable Title Act cited. Id. Cited. 44 CA 683. Marketability of Title Act cited. Id. Sec. 47-33b et seq. cited. Id. Cited. 46 CA 525. Marketable Title Act Sec. 47-33b et seq. cited. Id.

      Cited. 34 CS 31, 44.

      Subsec. (d):

      Cited. 3 CA 550, 554.

      Subsec. (e):

      Cited. 183 C. 59, 64. Cited. 219 C. 81, 85.

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