Sec. 49-51. Discharge of invalid lien.
Sec. 49-51. Discharge of invalid lien. (a) Any person having an interest in any
real or personal property described in any certificate of lien, which lien is invalid but
not discharged of record, may give written notice to the lienor sent to him at his last-known address by registered mail or by certified mail, postage prepaid, return receipt
requested, to discharge the lien. Upon receipt of such notice, the lienor shall discharge
the lien by sending a release sufficient under section 52-380d, by first class mail, postage
prepaid, to the person requesting the discharge. If the lien is not discharged within thirty
days of the notice, that person may apply to the Superior Court for such a discharge,
and the court may adjudge the validity or invalidity of the lien and may award the plaintiff
damages for the failure of the defendant to make discharge upon request. If the court is
of the opinion that such certificate of lien was filed without just cause, it may allow, in
its discretion, damages to any person aggrieved by such failure to discharge, at the rate
of one hundred dollars for each week after the expiration of such thirty days, but not
exceeding in the whole the sum of five thousand dollars or an amount equal to the loss
sustained by such aggrieved person as a result of such failure to discharge the lien, which
loss shall include, but not be limited to, a reasonable attorney's fee, whichever is greater.
(b) When a lien on real property is adjudged invalid or is otherwise discharged by
the court, a certified copy of the judgment of invalidity or discharge recorded on the
land records of the town where the certificate of lien was filed fully discharges the lien.
If such a discharged or invalid lien is a lien filed on personal property pursuant to section
52-355a, a release of lien in the form prescribed by subsection (c) of section 52-380d,
certified to by a clerk of the Superior Court, with reference to and the date of the court
order of discharge or invalidity, fully discharges the lien on filing with the Secretary of
the State.
(1949 Rev., S. 7232; P.A. 79-602, S. 113; P.A. 82-270; P.A. 83-581, S. 18, 40.)
History: P.A. 79-602 rephrased provisions but made no substantive changes; P.A. 82-270 specified the manner in which
a lienor is to be given notice to discharge a lien, and authorized a court to award damages, and specified the amount of
such damages, if a certificate of lien was filed without just cause; P.A. 83-581 made section applicable to liens on "personal
property", required the lienor upon receipt of the notice to discharge the lien by sending a release by first class mail, inserted
Subsec. indicators and rephrased Subsec. (a) and provided that a copy of the discharge of a lien on real property recorded
on the land records fully discharges the lien and, that if a discharged or invalid lien is a lien on personal property, a release
of the lien in the form prescribed by Sec. 52-380d(c) certified by a court clerk and filed with the secretary of the state fully
discharges the lien.
Action to declare highway assessment invalid. 133 C. 1. Cited. 168 C. 371. Cited. 192 C. 10. Cited. 225 C. 102. Cited.
228 C. 574.
Cited. 14 CA 157. Cited. 36 CA 206. Cited. 37 CA 764. Cited. 46 CA 63. Judgment lien discharged as invalid because
marital dissolution judgment regarding child's educational expenses did not order payment of a sum certain and cannot
be characterized as a money judgment. 99 CA 347.
Cited. 15 CS 358. The binding effect of a waiver in a subcontract of the right to a mechanic's lien is not obviated by
the contractor's breach of contract. This section does not provide an adequate remedy to these plaintiffs and their petition
in equity for a summary discharge of the liens should be granted. 22 CS 293. Cited. 31 CS 209. Cited. 42 CS 460.
Cited. 6 Conn. Cir. Ct. 456.
Subsec. (a):
Commissioner of Public Works has interest sufficient to contest tax lien on property which is subject to long-term
financing agreement entered into by commissioner, since Sec. 4b-46 exempts from taxation property that is the subject of
such agreements. 53 CA 438.