Sec. 47-12a. Affidavit of facts relating to title or interest in real estate.
Sec. 47-12a. Affidavit of facts relating to title or interest in real estate. (a) An
affidavit, which states facts relating to the matters named in subsection (b) of this section
and which may affect the title to or any interest in real estate in this state, and which is
made by any person having knowledge of the facts or competent to testify concerning
them in open court, may be recorded in the land records of the town in which the real
estate is situated. If so recorded, and if the affiant is dead or otherwise not available to
testify in court, then the affidavit, or a certified copy of it, is admissible as prima facie
evidence of the facts stated in it, so far as those facts affect title to real estate in any
action involving the title to that real estate or any interest in it.
(b) The affidavits provided for in this section may relate to the following matters:
Age, sex, birth, death, capacity, relationship, family history, heirship, names, identity
of parties, marital status, possession or adverse possession, adverse use, residence, service in the armed forces, conflicts and ambiguities in description of land in recorded
instruments, and the happening of any condition or event which may terminate an estate
or interest.
(c) Every affidavit provided for in this section shall include a description of the
land, title to which may be affected by facts stated in the affidavit, and shall state the
name of the person appearing by the record to be the owner of the land at the time of
the recording of the affidavit. The town clerk shall index the affidavit in the name of
that record owner.
(1967, P.A. 373, S. 1-3; P.A. 79-602, S. 39; P.A. 05-288, S. 161.)
History: P.A. 79-602 restated provisions; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005.
Cited. 211 C. 36.