(a) An affidavit, which states facts relating to the matters named in subsection (b) of this section and which may affect the title to or any interest in real estate in this state, and which is made by any person having knowledge of the facts or competent to testify concerning them in open court, may be recorded in the land records of the town in which the real estate is situated. If so recorded, and if the affiant is dead or otherwise not available to testify in court, then the affidavit, or a certified copy of it, is admissible as prima facie evidence of the facts stated in it, so far as those facts affect title to real estate in any action involving the title to that real estate or any interest in it.
(b) The affidavits provided for in this section may relate to the following matters: Age, sex, birth, death, capacity, relationship, family history, heirship, names, identity of parties, marital status, possession or adverse possession, adverse use, residence, service in the armed forces, conflicts and ambiguities in description of land in recorded instruments, the happening of any condition or event which may terminate an estate or interest, unlawful restrictive covenants and any other state of facts affecting title to real property.
(c) Every affidavit provided for in this section shall include a description of the land, title to which may be affected by facts stated in the affidavit, and shall state the name of the person appearing by the record to be the owner of the land at the time of the recording of the affidavit. The town clerk shall index the affidavit in the name of that record owner.
(1967, P.A. 373, S. 1–3; P.A. 79-602, S. 39; P.A. 05-288, S. 161; P.A. 16-194, S. 2; P.A. 21-173, S. 2.)
History: P.A. 79-602 restated provisions; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005; P.A. 16-194 amended Subsec. (b) by adding “and any other state of facts affecting title to real property” and making a technical change; P.A. 21-173 amended Subsec. (b) by adding “, unlawful restrictive covenants”, effective July 1, 2021.
Cited. 211 C. 36.
Under 2005 revision, town clerk required by law to record affidavit of facts relating to title or interest in real estate on land records. 149 CA 239.
Notes of Decisions
Cited in
5
cases, 1989–2014 · leading case:
Silver v. Holtman, 90 A.3d 203 (Conn. App. Ct. 2014).
Silver v. Holtman, 90 A.3d 203 (Conn. App. Ct. 2014).
· cites it 58× “The plaintiff further alleged that on July 20, 2005, in his capacity as a trustee, he executed an affida- vit in accordance with § 47-12a. On July 28, 2005, Bar- rante presented the affidavit pursuant to the statute for record on the town land records, and, on that date, the…”
Wildwood Assocs., Ltd. v. Esposito, 557 A.2d 1241 (Conn. 1989).
· cites it 2× “Esposito filed an affidavit on the East Haven land records in accordance with General Statutes § 47-12a. 5 Thereafter, on December 4, 1985, Esposito recorded a copy of the Schatzlein map earlier described along with a quitclaim deed to herself of the disputed parcel“B” as it was…”
Bowen v. Serksnas, 997 A.2d 573 (Conn. App. Ct. 2010).
· cites it 2× “Both of these affidavits purportedly were filed pursuant to General Statutes § 47-12a. In accordance with the averments in these affidavits, the alleged adverse possession of lots 36 and 37 by Patricia and Walter would have begun at or near the time their mother purchased that…”
McCue v. Birmingham, 870 A.2d 1126 (Conn. App. Ct. 2005).
· cites it 2× “Rittenband, judge trial referee, rendered judgment in the first action for the defendant on April 23, 2002, finding that the tendered documents did not have to be recorded because they did not comply with General Statutes § 47-12a (c), which provides in relevant part that…”
Silver v. Holtman (Conn. App. Ct. 2014).
· cites it 2× “The court only determines here that the affi- davit complies with § 47-12a and that it is required by law to be recorded.”
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treatment. Dots show Syfertize treatment of the citing case itself.