Connecticut 2012 Regular Session

Connecticut House Bill HB05430 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 5430
2	2	February Session, 2012 LCO No. 1983
3	3	01983_______JUD
4	4	Referred to Committee on Judiciary
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 5430
11	11
12	12	February Session, 2012
13	13
14	14	LCO No. 1983
15	15
16	16	01983_______JUD
17	17
18	18	Referred to Committee on Judiciary
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
23	23
24	24	AN ACT ELIMINATING THE REQUIREMENT THAT THERE BE WITNESSES TO A CONVEYANCE OF LAND.
25	25
26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
27	27
28	28	Section 1. Section 47-5 of the general statutes of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
29	29
30	30	(a) All conveyances of land shall be: (1) In writing; (2) if the grantor is a natural person, subscribed, with or without a seal, by the grantor with his own hand or with his mark with his name annexed to it or by his attorney authorized for that purpose by a power executed [, acknowledged and witnessed] and acknowledged in the manner provided for conveyances or, if the grantor is a corporation, limited liability company or partnership, subscribed by a duly authorized person; and (3) acknowledged by the grantor, his attorney or such duly authorized person (A) to be his free act and deed, or (B) in any manner permitted under chapter 6 or chapter 8. [; and (4) attested to by two witnesses with their own hands.]
31	31
32	32	(b) In addition to the requirements of subsection (a) of this section, the execution of a deed or other conveyance of real property pursuant to a power of attorney shall be deemed sufficient if done in substantially the following form:
33	33
34	34	Name of Owner of Record
35	35
36	36	By: (Signature of Attorney-in-Fact) L.S.
37	37
38	38	Name of Signatory
39	39
40	40	His/Her Attorney-in-Fact
41	41
42	42	(c) Nothing in subsection (b) of this section precludes the use of any other legal form of execution of deed or other conveyance of real property.
43	43
44	44	Sec. 2. Section 47-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
45	45
46	46	Conveyances of real estate made to or by any corporation, or the trustees of any voluntary association, may be [attested by witnesses interested therein, and may be] acknowledged before properly authorized persons who are [so] interested therein.
47	47
48	48	Sec. 3. Subsection (e) of section 42-116t of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
49	49
50	50	(e) If a work of fine art cannot be removed from a building without substantial physical defacement or alteration of such work, the rights and duties created under this section, unless expressly reserved by an instrument in writing signed by the owner of such building executed [and witnessed] in the same manner provided for deeds in section 47-5, as amended by this act, attested to by two witnesses with their own hands and properly recorded, shall be deemed waived. Such instrument, if properly recorded, shall be binding on subsequent owners of such building.
51	51
52	52	Sec. 4. Subsection (a) of section 45a-562 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
53	53
54	54	(a) The subsequent disability or incompetence of a principal shall not revoke or terminate the authority of any person who acts under a power of attorney in a writing executed by the principal, if the writing contains the words "this power of attorney shall not be affected by the subsequent disability or incompetence of the principal," or words of similar import showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incompetence; provided the power of attorney is executed [and witnessed] in the same manner as provided for deeds in section 47-5, as amended by this act and attested to by two witnesses with their own hands.
55	55
56	56	Sec. 5. Section 12-171 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
57	57
58	58	Unless the context otherwise requires, "municipality", wherever used in sections 12-172 to 12-177, inclusive, has the same meaning as that given it in section 12-141; "town" includes each town, consolidated town and city, and consolidated town and borough; and "tax" includes (1) each property tax and each installment and part thereof due a municipality as it may have been increased by interest, fees and charges, and (2) each obligation to make a payment in lieu of such tax with respect to any real estate, provided such obligation arises under an agreement made by the owner or owners of such real estate, which agreement shall (A) be in writing, (B) be [witnessed and] acknowledged as required for a conveyance of land and attested to by two witnesses with their own hands, (C) contain a legally sufficient description of such real estate, (D) describe the nature and extent of the obligation to make such payment in lieu of taxes, (E) expressly grant to the municipality the lien described in this chapter on such real estate to secure such obligation as it becomes due and payable, and (F) be recorded in the land records of the municipality in which such real estate is located.
59	59
60	60	Sec. 6. Subsection (a) of section 49-92a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
61	61
62	62	(a) A purchaser's lien is created for the amount of the deposit paid pursuant to and stated in a contract for the conveyance of land by the recording of such contract, or a notice thereof, in the records of the town in which the land is situated, provided the contract, or notice thereof, is executed by the owner and by the vendee of the land, [witnessed and] acknowledged in the same manner as required for a deed for the conveyance of land and describes the particular land to which it refers. Such purchaser's lien shall be prior to any other liens and encumbrances originating after the contract, or notice thereof, is recorded. A purchaser's lien may be foreclosed in the same manner as a mortgage. Transfer of title of the land to the vendee constitutes a release and discharge of the lien.
63	63
64	64	Sec. 7. Section 47-36c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
65	65
66	66	The forms set forth in this section may be used and are sufficient for their respective purposes. They shall be known as "Statutory Form" and may be referred to as such. Nothing in this chapter precludes the use of any other legal form of deed or mortgage.
67	67
68	68	WARRANTY DEED
69	69
70	70	.... of .... for consideration paid, grant to .... of .... with WARRANTY COVENANTS
71	71
72	72	(Description and Encumbrances, if any
73	73
74	74	and any additional provisions)
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76	76
77	77
78	78	T1 Signed this .... day of ...., 20...
79	79	T2 [Witnessed by: ....
80	80	T3 ....]
81	81	T4 (Acknowledgment)
82	82
83	83	T1
84	84
85	85	Signed this .... day of ...., 20...
86	86
87	87	T2
88	88
89	89	[Witnessed by:
90	90
91	91	....
92	92
93	93	T3
94	94
95	95	....]
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97	97	T4
98	98
99	99	(Acknowledgment)
100	100
101	101	QUITCLAIM DEED
102	102
103	103	.... of .... for consideration paid, grant to .... of .... with QUITCLAIM COVENANTS
104	104
105	105	(Description and any additional provisions)
106	106
107	107
108	108
109	109	T5 Signed this .... day of ...., 20...
110	110	T6 [Witnessed by: ....
111	111	T7 ....]
112	112	T8 (Acknowledgment)
113	113
114	114	T5
115	115
116	116	Signed this .... day of ...., 20...
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118	118	T6
119	119
120	120	[Witnessed by:
121	121
122	122	....
123	123
124	124	T7
125	125
126	126	....]
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128	128	T8
129	129
130	130	(Acknowledgment)
131	131
132	132	MORTGAGE DEED
133	133
134	134	.... of .... to secure payment of .... dollars with interest payable as provided in a certain promissory note dated .... with final maturity on .... grant to .... of .... with MORTGAGE COVENANTS ....
135	135
136	136	(Description and Encumbrances, if any
137	137
138	138	and any additional provisions)
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140	140	This mortgage is made upon the STATUTORY CONDITION
141	141
142	142
143	143
144	144	T9 Signed this .... day of ...., 20...
145	145	T10 Witnessed by: ....
146	146	T11 ....
147	147	T12 (Acknowledgment)
148	148
149	149	T9
150	150
151	151	Signed this .... day of ...., 20...
152	152
153	153	T10
154	154
155	155	Witnessed by:
156	156
157	157	....
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159	159	T11
160	160
161	161	....
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163	163	T12
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165	165	(Acknowledgment)
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167	167	ASSIGNMENT OF MORTGAGE
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169	169	.... of .... for consideration paid, assign to .... all interest in a mortgage from .... to .... dated .... and recorded in Volume .... at Page .... of the .... Connecticut Land Records.
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173	173	T13 Signed this .... day of ...., 20...
174	174	T14 Witnessed by: ....
175	175	T15 ....
176	176	T16 (Acknowledgment)
177	177
178	178	T13
179	179
180	180	Signed this .... day of ...., 20...
181	181
182	182	T14
183	183
184	184	Witnessed by:
185	185
186	186	....
187	187
188	188	T15
189	189
190	190	....
191	191
192	192	T16
193	193
194	194	(Acknowledgment)
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196	196	CONSERVATOR'S DEED
197	197
198	198	.... of .... conservator of the estate of ...., an incapable person, for consideration paid, grant to .... with CONSERVATOR'S COVENANTS
199	199
200	200	(Description and Encumbrances, if any
201	201
202	202	and any additional provisions)
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204	204
205	205
206	206	T17 Signed this .... day of ...., 20...
207	207	T18 Witnessed by: ....
208	208	T19 ....
209	209	T20 (Acknowledgment)
210	210
211	211	T17
212	212
213	213	Signed this .... day of ...., 20...
214	214
215	215	T18
216	216
217	217	Witnessed by:
218	218
219	219	....
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221	221	T19
222	222
223	223	....
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225	225	T20
226	226
227	227	(Acknowledgment)
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229	229	TESTAMENTARY TRUSTEE'S DEED
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231	231	.... of ...., trustee under article .... of the last will and testament ...., late of ...., .... duly qualified as trustee, for consideration paid, grant to .... with TESTAMENTARY TRUSTEE'S COVENANTS
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233	233	(Description and Encumbrances if any
234	234
235	235	and any other provisions)
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239	239	T21 Signed this .... day of ...., 20...
240	240	T22 Witnessed by: ....
241	241	T23 ....
242	242	T24 (Acknowledgment)
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244	244	T21
245	245
246	246	Signed this .... day of ...., 20...
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248	248	T22
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250	250	Witnessed by:
251	251
252	252	....
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254	254	T23
255	255
256	256	....
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258	258	T24
259	259
260	260	(Acknowledgment)
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262	262	EXECUTOR'S DEED
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264	264	.... of .... duly qualified and authorized executor of the last will and testament of .... late of .... for consideration paid, grant to .... with EXECUTOR'S COVENANTS
265	265
266	266	(Description and Encumbrances if any
267	267
268	268	and any additional provisions)
269	269
270	270
271	271
272	272	T25 Signed this .... day of ...., 20...
273	273	T26 Witnessed by: ....
274	274	T27 ....
275	275	T28 (Acknowledgment)
276	276
277	277	T25
278	278
279	279	Signed this .... day of ...., 20...
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281	281	T26
282	282
283	283	Witnessed by:
284	284
285	285	....
286	286
287	287	T27
288	288
289	289	....
290	290
291	291	T28
292	292
293	293	(Acknowledgment)
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295	295	ADMINISTRATOR'S DEED
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297	297	.... of .... duly qualified and authorized administrator of the estate of .... late of .... for consideration paid, grant to .... with ADMINISTRATOR'S COVENANTS
298	298
299	299	(Description and Encumbrances if any
300	300
301	301	and any additional provisions)
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305	305	T29 Signed this .... day of ...., 20...
306	306	T30 Witnessed by: ....
307	307	T31 ....
308	308	T32 (Acknowledgment)
309	309
310	310	T29
311	311
312	312	Signed this .... day of ...., 20...
313	313
314	314	T30
315	315
316	316	Witnessed by:
317	317
318	318	....
319	319
320	320	T31
321	321
322	322	....
323	323
324	324	T32
325	325
326	326	(Acknowledgment)
327	327
328	328	TRUSTEE'S DEED
329	329
330	330	.... of ...., trustee under ...., .... duly qualified as trustee, for consideration paid, grant to .... with TRUSTEE'S COVENANTS
331	331
332	332	(Description and Encumbrances if any
333	333
334	334	and any additional provisions)
335	335
336	336
337	337
338	338	T33 Signed this .... day of ...., 20...
339	339	T34 Witnessed by: ....
340	340	T35 ....
341	341	T36 (Acknowledgment)
342	342
343	343	T33
344	344
345	345	Signed this .... day of ...., 20...
346	346
347	347	T34
348	348
349	349	Witnessed by:
350	350
351	351	....
352	352
353	353	T35
354	354
355	355	....
356	356
357	357	T36
358	358
359	359	(Acknowledgment)
360	360
361	361	Sec. 8. Subsection (b) of section 52-380d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
362	362
363	363	(b) A release of a judgment lien on real property is sufficient if (1) the release specifies the names of the judgment creditor and judgment debtor, the date of the lien, and the town and volume and page where the judgment lien certificate is recorded, and (2) the signature of the lienholder, attorney or personal representative is acknowledged [and witnessed] in the same manner as a deed on real property. The town clerk with whom the lien was recorded shall note such release as by law provided and shall index the record of each such release under the name of the judgment creditor and judgment debtor, except that a manual notation of such release shall not be required if such town clerk provides public access to an electronic indexing system that combines the grantor index and the grantee index of the town's land records.
364	364
365	365
366	366
367	367
368	368	This act shall take effect as follows and shall amend the following sections:
369	369	Section 1 October 1, 2012 47-5
370	370	Sec. 2 October 1, 2012 47-6
371	371	Sec. 3 October 1, 2012 42-116t(e)
372	372	Sec. 4 October 1, 2012 45a-562(a)
373	373	Sec. 5 October 1, 2012 12-171
374	374	Sec. 6 October 1, 2012 49-92a(a)
375	375	Sec. 7 October 1, 2012 47-36c
376	376	Sec. 8 October 1, 2012 52-380d(b)
377	377
378	378	This act shall take effect as follows and shall amend the following sections:
379	379
380	380	Section 1
381	381
382	382	October 1, 2012
383	383
384	384	47-5
385	385
386	386	Sec. 2
387	387
388	388	October 1, 2012
389	389
390	390	47-6
391	391
392	392	Sec. 3
393	393
394	394	October 1, 2012
395	395
396	396	42-116t(e)
397	397
398	398	Sec. 4
399	399
400	400	October 1, 2012
401	401
402	402	45a-562(a)
403	403
404	404	Sec. 5
405	405
406	406	October 1, 2012
407	407
408	408	12-171
409	409
410	410	Sec. 6
411	411
412	412	October 1, 2012
413	413
414	414	49-92a(a)
415	415
416	416	Sec. 7
417	417
418	418	October 1, 2012
419	419
420	420	47-36c
421	421
422	422	Sec. 8
423	423
424	424	October 1, 2012
425	425
426	426	52-380d(b)
427	427
428	428	Statement of Purpose:
429	429
430	430	To eliminate the requirement that conveyances of land be attested to by two witnesses and make conforming changes to various provisions of the general statutes.
431	431
432	432	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]