2005 Connecticut Code - Sec. 47-34. Bounds between proprietors reestablished by Superior Court.

      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 for the judicial district in which the lands or a portion of them are situated. The court may, upon the complaint, order the lost and uncertain bounds to be erected and established and may appoint a committee of not more than three disinterested property owners. The committee shall give notice to all parties interested in the lands to appear before it and, having been sworn, shall inquire into the facts and erect and establish the lost and uncertain bounds and may employ a surveyor to assist therein and shall report the facts and their doings to the court. If the court finds that the parties were duly notified, it may confirm such doings; and certified copies of the report and decree shall be recorded in the records of the town in which the lands are situated, and the bounds, so erected and established, shall be the bounds between the proprietors.

      (1949 Rev., S. 7126; P.A. 78-280, S. 2, 127; P.A. 79-602, S. 53; P.A. 80-483, S. 125, 186.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 79-602 restated provisions; P.A. 80-483 made technical grammatical correction.

      Consideration of what is a lost boundary, and various other points under this section. 31 C. 433; 35 C. 118. Committee may report conclusion as to boundary without detailing the facts. 33 C. 154. Party to proceeding under this section estopped from claiming contrary to finding of committee. 52 C. 23. The surveyor employed under this section should be as disinterested as the committee. 67 C. 345. Finding by committee that boundaries not lost is conclusive. 87 C. 70. Admissibility of declarations of deceased persons concerning boundaries. 105 C. 147. Cited. 178 C. 258, 260; id., 179 C. 574.

      Committee does not deal with title; mission is to establish from evidence lost boundary lines or those which have disappeared. 12 CA 549-551, 553.

      Cited. 10 CS 167. Where description of property in deeds is uncertain and witnesses are indefinite, redress should be sought under this section. Id., 267. Cited. 40 CS 272, 273.

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