*Cited.
136 C. 284.
Cited. 8 CA 203, 205. Sec. 47-38 et
seq. cited.
Table of Contents
Sec. 47-37. When acquired by adverse use.
Sec. 47-37. When
acquired by adverse use. No person may
acquire a right-of-way or any other easement from, in, upon or over the land of
another, by the adverse use or enjoyment thereof, unless the use has been
continued uninterrupted for fifteen years.
(1949 Rev., S. 7130;
P.A. 79-602, S. 56.)
History: P.A. 79-602
substituted "may" for "shall" and
"the" for "such" where appearing.
Personal
rights-of-way in this state may not be established by local custom. 78 C. 133. City may acquire right to maintain sewer;
imputing knowledge of it to landowner. 81 C. 137. No
user less than fifteen years can avail. 69 C. 263.
Whether user is under license or under claim of right is a question of fact. 78 C. 156. Use may originate in oral agreement or void deed;
effect of claimant becoming executor of owner of fee. 90 C.
241. See note to Sec. 52-575. Where an individual use is in common with
a public use, there must have been a use of the way by the individual
distinctive from that of the general public. 134 C. 576.
Trial court erred in denying plaintiff injunctive relief. 136
C. 277. No right can be acquired unless use defines its bounds with
reasonable certainty.
Cited.
1 CA 341, 342;
Cited.
15 CS 467. Use for twenty-eight years in disregard of
a no trespassing sign established a right-of-way. 19 CS 220.
Requirements for prescriptive easement discussed. 45 CS 515.
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Sec.
47-38. Mode of
preventing acquisition. The owner
of land over which a right-of-way or other easement is claimed or used may give
notice in writing, to the person claiming or using the privilege, of his
intention to dispute the right-of-way or other easement and to prevent the
other party from acquiring the right; and the notice, being served and recorded
as provided in sections 47-39 and 47-40, shall be deemed an interruption of the
use and shall prevent the acquiring of a right thereto by the continuance of
the use for any length of time thereafter.
(1949 Rev., S. 7131;
P.A. 79-602, S. 57.)
History: P.A. 79-602
made minor changes in wording but made no substantive changes.
Cited.
140 C. 370; 142 C. 296; 143 C. 40.
Cited.
40 CS 272, 278.
Sec. 47-39. Service of notice upon the party claiming the easement. The notice referred to in section 47-38 shall be served
like an original summons in civil actions on the person claiming or using the
way or easement, his agent or guardian, if within the state, otherwise on the
tenant or occupant of the estate to which the way or easement is claimed to be
appurtenant, if there is any such tenant or occupant, and, if not, a copy of
the notice shall be affixed to the house upon such estate or to some other
conspicuous part of the premises. The service shall be endorsed and returned on
the original paper, and the notice with the return shall be recorded in the
land records of the town in which the land lies, within three months after the
service.
(1949 Rev., S. 7132;
P.A. 79-602, S. 58.)
History: P.A. 79-602
specified notice as that "referred to in section 47-38" and
substituted "the" for "such" where appearing.
Cited.
140 C. 370; 142 C. 296.
Cited.
40 CS 272, 278.
Sec. 47-40. Giving of notice when party unknown. When the owner of the estate to which such way or easement
is claimed to be appurtenant is unknown, the notice under sections 47-38 and
47-39 may be given by conspicuously posting on the estate a copy of the notice
and serving it on the person to whom the premises were last assessed for taxes
in the place where they lie, and recording it as required in said sections.
(1949 Rev., S. 7133;
P.A. 79-602, S. 59.)
History: P.A. 79-602
made minor changes in wording but made no substantive changes.
Cited.
140 C. 370; 142 C. 296.
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Sec. 47-41. Notice
considered a disturbance of the right. The
notice under sections 47-38 and 47-39 shall be considered a disturbance of the
right in question which enables the party claiming the right to bring an action
as for a nuisance or disturbance for the purpose of trying the right. If the
plaintiff in that action prevails, he shall be entitled to full costs, although
he recovers only nominal damages.
(1949 Rev., S. 7134;
P.A. 79-602, S. 60.)
History: P.A. 79-602
rephrased provisions and specified notice as that under Secs.
47-38 and 47-39.
Cited.
140 C. 370; 142 C. 296.
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Sec. 47-42. Easements for public utility or railway purposes. Any right-of-way over or easement in or to any land or
water or any interest therein granted by any person or corporation by means of
any instrument executed in the manner provided by law for the conveyance of any
interest in real estate, which instrument purports to convey to any individual
and to his heirs and assigns or to any corporation and to its successors and
assigns, a right-of-way over or easement in or to such land or water for any
purpose connected with (1) the generation, transmission or distribution of
electric energy, (2) the provision of services or operations of a public
service company, as defined in section 16-1, or (3) the operation of a railroad
or street railway company, shall create a transmissible and assignable interest
in land in the grantee therein described. All or any part of any rights therein
granted may be granted and conveyed by the grantee therein described, or by any
successive grantee, in the manner provided by law for the conveyance of any
interest in real estate, to any person or corporation and to his or its
respective heirs, successors or assigns. Such grant shall vest in the person or
corporation to which such grant is given all the right, interest and title of
the grantor to such right-of-way or easement or portion thereof as may be
described in such grant.
(1949 Rev., S. 7135;
P.A. 95-217, S. 5.)
History: P.A. 95-217
added Subdiv. indicators,
and Subdiv. (2) re public
service companies.
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Sec. 47-42a. Definitions. For the purposes of sections 47-42b and 47-42c, the
following definitions shall apply:
(a) "Conservation
restriction" means a limitation, whether or not stated in the form of a
restriction, easement, covenant or condition, in any deed, will or other
instrument executed by or on behalf of the owner of the land described therein,
including, but not limited to, the state or any political subdivision of the
state, or in any order of taking such land whose purpose is to retain land or
water areas predominantly in their natural, scenic or open condition or in
agricultural, farming, forest or open space use.
(b) "Preservation
restriction" means a limitation, whether or not stated in the form of a
restriction, easement, covenant or condition, in any deed, will or other
instrument executed by or on behalf of the owner of land, including, but not
limited to, the state or any political subdivision of the state, or in any
order of taking of such land whose purpose is to preserve historically
significant structures or sites.
(1971,
P.A. 173, S. 1; P.A. 04-96, S. 1.)
History: P.A. 04-96
added the state or any political subdivision of the state to conservation
restriction and preservation restriction definitions, effective
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Sec. 47-42b. Enforcement
of conservation and preservation restrictions held by governmental body or
charitable corporation. No
conservation restriction held by any governmental body or by a charitable
corporation or trust whose purposes include conservation of land or water areas
and no preservation restriction held by any governmental body or by a
charitable corporation or trust whose purposes include preservation of
buildings or sites of historical significance shall be unenforceable on account
of lack of privity of estate or contract or lack of
benefit to particular land or on account of the benefit being assignable or
being assigned to any other governmental body or to any charitable corporation
or trust with like purposes.
(1971,
P.A. 173, S. 2.)
Sec. 47-42c. Acquisition
of restrictions. Such conservation
and preservation restrictions are interests in land and may be acquired by any
governmental body or any charitable corporation or trust which has the power to
acquire interests in land in the same manner as it may acquire other interests in
land. Such restrictions may be enforced by injunction or proceedings in equity.
(1971,
P.A. 173, S. 3.)
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