2005 Connecticut Code - Sec. 47-33h. Excepted interests.
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 easement, or any rights granted, excepted or reserved by the instrument
creating such easement or interest, including any right for future use, if (1) the existence
of such easement or interest is evidenced by the location beneath, upon or above any
part of the land described in such instrument of any pipe, valve, road, wire, cable, conduit,
duct, sewer, track, hole, tower or other physical facility and whether or not the existence
of such facility is observable, or to bar, extinguish or otherwise affect any interest of
the United States, of this state or any political subdivision thereof, of any public service
company as defined in section 16-1 or of any natural gas company, or (2) such easement
or interest is a conservation restriction, as defined in section 47-42a, that is held by a
land trust or nonprofit organization.
History: P.A. 78-331 corrected misspelling, substituting "excepted" for "accepted"; P.A. 01-118 made technical changes for purposes of gender neutrality and added provisions re exception for easements or interests that are conservation restrictions and are held by a land trust or nonprofit organization.
Cited. 183 C. 59, 60, 63. Cited. 219 C. 81, 83-85, 87-89. Marketable Title Act, Sec. 47-33b et seq. cited. Id. Cited. 239 C. 199. Marketable Title Act cited. Id.
Cited. 3 CA 550, 553. Conn. Marketable Title Act cited. Id. Cited. 44 CA 683. Marketability of Title Act cited. Id. Cited. 46 CA 525. Marketable Title Act, Sec. 47-33b et seq. cited. Id.
Cited. 34 CS 31, 44.
Trial court properly concluded that pursuant to subdiv., the easement over plaintiff's property as of 1996 deed was limited to the fixed location of three existing conduits, which constituted partial exercise of the easement, and that because plaintiff failed to present sufficient evidence of damages resulting from partial encumbrance of the property, defendants were entitled to a directed verdict. 270 C. 487.
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