General Assembly Raised Bill No. 5430
February Session, 2012 LCO No. 1983
*01983_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 5430
February Session, 2012
LCO No. 1983
*01983_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT ELIMINATING THE REQUIREMENT THAT THERE BE WITNESSES TO A CONVEYANCE OF LAND.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
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 Section 47-5 of the general statutes of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(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.]
(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:
Name of Owner of Record
By: (Signature of Attorney-in-Fact) L.S.
Name of Signatory
His/Her Attorney-in-Fact
(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.
Sec. 2. Section 47-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
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.
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 Subsection (e) of section 42-116t of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(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.
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):
(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.
Sec. 5. Section 12-171 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
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.
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):
(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.
Sec. 7. Section 47-36c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
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.
WARRANTY DEED
.... of .... for consideration paid, grant to .... of .... with WARRANTY COVENANTS
(Description and Encumbrances, if any
and any additional provisions)
T1 Signed this .... day of ...., 20...
T2 [Witnessed by: ....
T3 ....]
T4 (Acknowledgment)
T1
Signed this .... day of ...., 20...
T2
[Witnessed by:
....
T3
....]
T4
(Acknowledgment)
QUITCLAIM DEED
.... of .... for consideration paid, grant to .... of .... with QUITCLAIM COVENANTS
(Description and any additional provisions)
T5 Signed this .... day of ...., 20...
T6 [Witnessed by: ....
T7 ....]
T8 (Acknowledgment)
T5
Signed this .... day of ...., 20...
T6
[Witnessed by:
....
T7
....]
T8
(Acknowledgment)
MORTGAGE DEED
.... 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 ....
(Description and Encumbrances, if any
and any additional provisions)
This mortgage is made upon the STATUTORY CONDITION
T9 Signed this .... day of ...., 20...
T10 Witnessed by: ....
T11 ....
T12 (Acknowledgment)
T9
Signed this .... day of ...., 20...
T10
Witnessed by:
....
T11
....
T12
(Acknowledgment)
ASSIGNMENT OF MORTGAGE
.... 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.
T13 Signed this .... day of ...., 20...
T14 Witnessed by: ....
T15 ....
T16 (Acknowledgment)
T13
Signed this .... day of ...., 20...
T14
Witnessed by:
....
T15
....
T16
(Acknowledgment)
CONSERVATOR'S DEED
.... of .... conservator of the estate of ...., an incapable person, for consideration paid, grant to .... with CONSERVATOR'S COVENANTS
(Description and Encumbrances, if any
and any additional provisions)
T17 Signed this .... day of ...., 20...
T18 Witnessed by: ....
T19 ....
T20 (Acknowledgment)
T17
Signed this .... day of ...., 20...
T18
Witnessed by:
....
T19
....
T20
(Acknowledgment)
TESTAMENTARY TRUSTEE'S DEED
.... 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
(Description and Encumbrances if any
and any other provisions)
T21 Signed this .... day of ...., 20...
T22 Witnessed by: ....
T23 ....
T24 (Acknowledgment)
T21
Signed this .... day of ...., 20...
T22
Witnessed by:
....
T23
....
T24
(Acknowledgment)
EXECUTOR'S DEED
.... of .... duly qualified and authorized executor of the last will and testament of .... late of .... for consideration paid, grant to .... with EXECUTOR'S COVENANTS
(Description and Encumbrances if any
and any additional provisions)
T25 Signed this .... day of ...., 20...
T26 Witnessed by: ....
T27 ....
T28 (Acknowledgment)
T25
Signed this .... day of ...., 20...
T26
Witnessed by:
....
T27
....
T28
(Acknowledgment)
ADMINISTRATOR'S DEED
.... of .... duly qualified and authorized administrator of the estate of .... late of .... for consideration paid, grant to .... with ADMINISTRATOR'S COVENANTS
(Description and Encumbrances if any
and any additional provisions)
T29 Signed this .... day of ...., 20...
T30 Witnessed by: ....
T31 ....
T32 (Acknowledgment)
T29
Signed this .... day of ...., 20...
T30
Witnessed by:
....
T31
....
T32
(Acknowledgment)
TRUSTEE'S DEED
.... of ...., trustee under ...., .... duly qualified as trustee, for consideration paid, grant to .... with TRUSTEE'S COVENANTS
(Description and Encumbrances if any
and any additional provisions)
T33 Signed this .... day of ...., 20...
T34 Witnessed by: ....
T35 ....
T36 (Acknowledgment)
T33
Signed this .... day of ...., 20...
T34
Witnessed by:
....
T35
....
T36
(Acknowledgment)
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):
(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.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 47-5
Sec. 2 October 1, 2012 47-6
Sec. 3 October 1, 2012 42-116t(e)
Sec. 4 October 1, 2012 45a-562(a)
Sec. 5 October 1, 2012 12-171
Sec. 6 October 1, 2012 49-92a(a)
Sec. 7 October 1, 2012 47-36c
Sec. 8 October 1, 2012 52-380d(b)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
47-5
Sec. 2
October 1, 2012
47-6
Sec. 3
October 1, 2012
42-116t(e)
Sec. 4
October 1, 2012
45a-562(a)
Sec. 5
October 1, 2012
12-171
Sec. 6
October 1, 2012
49-92a(a)
Sec. 7
October 1, 2012
47-36c
Sec. 8
October 1, 2012
52-380d(b)
Statement of Purpose:
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.
[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.]