Sec. 52-22. Courts may pass title to real property by decree.
Sec. 52-22. Courts may pass title to real property by decree. The Superior Court
in the exercise of its equitable jurisdiction may pass the title to real property by decree,
without any act on the part of any party holding title to the real property, when in its
judgment it is the proper mode to carry the decree into effect. When the decree is recorded
in the land records in the town where the real property is situated, it shall be, while
in force, as effectual to transfer the real property as the deed of the party or parties
holding title.
(1949 Rev., S. 7759; P.A. 76-436, S. 111, 681; P.A. 82-160, S. 4.)
History: P.A. 76-436 applied provisions to superior court where previously applicable to any court, reflecting transfer
of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 replaced "estate" with "property" and rephrased
the section.
This method is more simple and direct than requiring the defendant to execute a deed. 22 C. 175. Title passes by the
decree only as of its date, and is not available at law against a prior legal title. 28 C. 597. When a court of equity is acting
in rem, it is not essential that the court have jurisdiction of the person of defendant. 139 C. 506. Used in conjunction with
section 46-22a of divorce statutes. 154 C. 107. Cited. 168 C. 579. Cited. 169 C. 85. Cited. 170 C. 455. Cited. 178 C. 308.
Cited. 1 CA 256. Cited. 2 CA 635. Cited. 6 CA 301. Cited. 17 CA 431. Cited. 23 CA 629. Cited. 30 CA 305.
Cited. 22 CS 149. Used in conjunction with section 46-22a. 29 CS 1. Cited. Id., 462.