No lease of any building, land or tenement, for life or for any term exceeding one year or which provides for the renewal thereof or an option to purchase such building, land or tenement, shall be effectual against any persons other than the lessor and lessee and their respective heirs, successors, administrators and executors, unless it is in writing, executed, attested, acknowledged and recorded in the same manner as a deed of land, provided a notice of lease in writing, executed, attested, acknowledged and recorded in the same manner as a deed of land and containing (1) the names and addresses, if any are set forth in the lease, of the parties to the lease, (2) a reference to the lease, with its date of execution, (3) the term of the lease with the date of commencement and the date of termination of such term, (4) a description of the property contained in the lease, (5) a notation if a right of extension or renewal is exercisable, (6) if there is an option to purchase, a notation of the date by which such option must be exercised and (7) a reference to a place where the lease is to be on file shall be sufficient.
(1949 Rev., S. 7102; 1959, P.A. 173; 1961, P.A. 205; February, 1965, P.A. 402.)
History: 1959 act added proviso re sufficiency of lease notice; 1961 act broadened provision re effectual lease to include reference to “lessee”, “successors, administrators and executors”; 1965 act required, for sufficiency of notice of lease, inclusion of addresses of parties to lease, reference to lease with date of execution, dates of commencement and termination of lease term, notation if extension or renewal right may be exercised and if there is a purchase option, notation of deadline for exercising the option.
A writing granting liberty to flow lands for a certain time is a lease within statute. 1 R. 318. When unacknowledged lease admissible in evidence. 1 D. 17; 7 C. 420. Unacknowledged lease for more than 1 year, good for 1 year; such lease not void, but voidable by third party, as lease for more than 1 year. 21 C. 168. Unrecorded lease good to convey an interest against a cotenant. 25 C. 137. Under statute, a lease effectual against the lessor is equally so against the lessee. 46 C. 92. Lease not sealed or acknowledged good between the parties. 47 C. 33. Effect of unrecorded lease. 80 C. 15; Id., 453. Oral lease not to be performed within a year is within statute of frauds. 80 C. 263; Id., 503; 82 C. 413; 86 C. 32. Validating acts inoperative on unrecorded lease for more than 1 year; likewise where recording is after judgment in summary process. 104 C. 295. Subsequent purchaser charged with notice of instrument separate from lease. 113 C. 476. Court properly concluded that defendant was bona fide purchaser. 134 C. 349. Cited. 147 C. 411. Plaintiff had notice of defendant's prior unrecorded lease, hence restrictive covenant in plaintiff's subsequent lease is not enforceable against defendant; an unrecorded lease is not void but voidable by persons protected under statute. 167 C. 294.
Cited. 19 CA 471; 33 CA 197; 42 CA 426.
Lease signed by lessor only is none the less executed in compliance with section. 6 CS 451. Unrecorded lease valid against lessee as well as lessor. 12 CS 55. Cited. 22 CS 452.
Notes of Decisions
Drazen Props. Ltd. P'ship v. E. F. Mahon, Inc., 562 A.2d 1142 (Conn. App. Ct. 1989).
· cites it 23× “The plaintiff claims that the trial court erred (1) in concluding that the plaintiff was a “successor” within the meaning of General Statutes § 47-19 and, therefore, not entitled to the protection of the statute, and (2) in concluding that the plaintiff was not a bona fide…”
City of Danbury v. Dana Inv. Corp., 730 A.2d 1128 (Conn. 1999).
· cites it 3× “Any person, including any lessee of real property whose lease has been recorded as provided in section 47-19 and who is bound under the terms of his lease to pay real property taxes and any person to whom title to such property has been transferred since the assessment date,…”
Middletown Com. Assocs. Ltd. P'ship v. City of Middletown, 680 A.2d 1350 (Conn. App. Ct. 1996).
· cites it 4× “Drazen interpreted General Statutes § 47-19, 9 a statute relating only to real property where “the purpose of the statute is to protect creditors and bona fide purchasers from being bound by unre *436 corded leases of more than one year.” Id., 475. “The statute specifically…”
Clean Corp. v. Foston, 634 A.2d 1200 (Conn. App. Ct. 1993).
· cites it 4× “General Statutes §§ 47-19 1 and *202 47-10; 2 Farmers & Mechanics Savings Bank v.”
Stepney Pond Estates, Ltd. v. Town of Monroe, 797 A.2d 494 (Conn. 2002).
· cites it 2× “ose tax list such property was set, or that a tax laid on property was computed on an assessment which, under all the circumstances, was manifestly excessive and could not have been arrived at except by disregarding the provisions of the statutes for determining the valuation of…”
City of Norwich v. Town of Lebanon, 477 A.2d 115 (Conn. 1984).
· cites it 3× “ose tax list such property was set, or that a tax laid on property was computed on an assessment which, under all the circumstances, was manifestly excessive and could not have been arrived at except by disregarding the provisions of the statutes for determining the valuation of…”
Wind Colebrook South, LLC v. Colebrook, 344 Conn. 150 (Conn. 2022).
· cites it 2× “4 General Statutes § 12-117a provides in relevant part: ‘‘Any person, includ- ing any lessee of real property whose lease has been recorded as provided in section 47-19 and who is bound under the terms of his lease to pay real property taxes, claiming to be aggrieved by the…”
United Tech. Corp. v. Town of East Windsor, 807 A.2d 955 (Conn. 2002).
“General Statutes § 12-117a provides: “Any person, including any lessee of real property whose lease has been recorded as provided in section 47-19 and who is bound under the terms of his lease to pay real property taxes, claiming to be aggrieved by the action of the board of tax…”
Genovese Drug Stores, Inc. v. Bercrose Assocs., 563 F. Supp. 1299 (D. Conn. 1983).
· cites it 6× “On March 10, 1972, pursuant to Conn.Gen.Stat. § 47-19, a memorandum of the Bererose-Genovese Lease (“Memorandum of Lease”) was recorded on the Bloomfield Land Records under the name of Bercrose as grantor, and Genovese as grantee.”
Pauker v. Roig, 654 A.2d 1233 (Conn. 1995).
· cites it 2× “ax list such property was set, or that a tax laid on property was computed on an assessment which, under *337 all the circumstances, was manifestly excessive and could not have been arrived at except by disregarding the provisions of the statutes for determining the valuation of…”
Crystal Lake Clean Water Pres. Ass'n v. Town of Ellington, 728 A.2d 1145 (Conn. App. Ct. 1999).
· cites it 3× “to 1995) § 12-117a provides in relevant part that “any person, including any lessee of real property whose lease has been *144 recorded as provided in section 47-19 and who is bound under the terms of his lease to pay real property taxes, claiming to be aggrieved by the action…”
Hartford/Windsor Healthcare Props., LLC v. City of Hartford, 3 A.3d 56 (Conn. 2010).
“ose tax list such property was set, or that a tax laid on property was computed on an assessment which, under all the circumstances, was manifestly excessive and could not have been arrived at except by disregarding the provisions of the statutes for determining the valuation of…”
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