Sec. 47-33f. Notice of claim filed within forty-year period.
Sec. 47-33f. Notice of claim filed within forty-year period. (a) Any person claiming an interest of any kind in land may preserve and keep effective that interest by
recording, during the forty-year period immediately following the effective date of the
root of title of the person whose record title would otherwise be marketable, a notice in
writing, duly verified by oath, setting forth the nature of the claim. No disability or lack
of knowledge of any kind on the part of anyone suspends the running of the forty-year
period. Such notice may be recorded by the claimant or by any other person acting on
behalf of any claimant who is: (1) Under a disability, (2) unable to assert a claim on his
own behalf or (3) one of a class, but whose identity cannot be established or is uncertain
at the time of filing such notice of claim for record.
(b) If the same record owner of any possessory interest in land has been in possession
of that land continuously for a period of forty years or more, during which period no
title transaction with respect to the interest appears of record in his chain of title and no
notice has been recorded by him or on his behalf as provided in subsection (a) of this
section, and the possession continues to the time when marketability is being determined,
that period of possession shall be deemed equivalent to the recording of the notice
immediately preceding the termination of the forty-year period described in subsection
(a) of this section.
(1967, P.A. 553, S. 5; 1969, P.A. 509, S. 4; P.A. 79-602, S. 46.)
History: 1969 act replaced references to 60-year period with 40-year period throughout section; P.A. 79-602 made
minor changes in wording but no substantive changes.
Cited. 171 C. 149. Cited. 183 C. 59. Cited. 219 C. 81. Marketable Title Act, Sec. 47-33b et seq. cited. Id. Cited. 239
C. 199. Marketable Title Act cited. Id.
Cited. 3 CA 550. 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.