When the boundaries of lands between adjoining proprietors have been lost or become uncertain and they cannot agree to establish the boundaries, one or more of them may bring a complaint to the superior court for the judicial district in which the lands or a portion of them are situated. The court may, upon the complaint, order the lost and uncertain bounds to be erected and established and may appoint a committee of not more than three disinterested property owners. The committee shall give notice to all parties interested in the lands to appear before it and, having been sworn, shall inquire into the facts and erect and establish the lost and uncertain bounds and may employ a surveyor to assist therein and shall report the facts and their doings to the court. If the court finds that the parties were duly notified, it may confirm such doings; and certified copies of the report and decree shall be recorded in the records of the town in which the lands are situated, and the bounds, so erected and established, shall be the bounds between the proprietors.
(1949 Rev., S. 7126; P.A. 78-280, S. 2, 127; P.A. 79-602, S. 53; P.A. 80-483, S. 125, 186.)
History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 79-602 restated provisions; P.A. 80-483 made technical grammatical correction.
Consideration of what is a lost boundary, and various other points under section. 31 C. 433; 35 C. 118. Committee may report conclusion as to boundary without detailing the facts. 33 C. 154. Party to proceeding under section estopped from claiming contrary to finding of committee. 52 C. 23. Surveyor employed under section should be as disinterested as committee. 67 C. 345. Finding by committee that boundaries not lost is conclusive. 87 C. 70. Admissibility of declarations of deceased persons concerning boundaries. 105 C. 147. Cited. 178 C. 258; 179 C. 574.
Committee does not deal with title; mission is to establish from evidence lost boundary lines or those which have disappeared. 12 CA 549.
Cited. 10 CS 167. Where description of property in deeds is uncertain and witnesses are indefinite, redress should be sought under section. Id., 267. Cited. 40 CS 272.
Notes of Decisions
Cited in
6
cases, 1971–2006 · leading case:
Steinman v. Maier, 427 A.2d 828 (Conn. 1980).
Steinman v. Maier, 427 A.2d 828 (Conn. 1980).
· cites it 2× “The plaintiff, claiming that the common boundary between the properties was lost, brought an action pursuant to General Statutes §47-34 to establish this boundary and to quiet title to the boundary as so established.”
Robbins v. McGuinness, 423 A.2d 897 (Conn. 1979).
· cites it 2× “Prior to the trial of this case, the plaintiff instituted an action under General Statutes § 47-34 to establish boundary lines.”
F. & AK, INC. v. Sleeper, 289 A.2d 905 (Conn. 1971).
· cites it 3× “Wakely, resort may be had to the remedy provided under General Statutes § 47-34. There is error in the form of the judgment as to the first count, it is set aside and the case is remanded with direction that the two deeds be reformed by deleting the words “thence continuing N…”
Chuckta v. Asija, 903 A.2d 243 (Conn. App. Ct. 2006).
· cites it 2× “First, the defendants for the first time on appeal claim that the court improperly did not commission an independent survey of the disputed property line under General Statutes § 47-34. This court has stated many times that we will not review a claim that is not distinctly…”
Fogg v. Wakelee, 492 A.2d 843 (Conn. Super. Ct. 1983).
“The plaintiffs instituted this action pursuant to the provisions of § 47-34 of the General Statutes seeking the appointment of a committee to establish the location of a lost boundary between land owned by the plaintiffs and land owned by the defendant in the town of Shelton.”
Zuliani v. Chipperini, 532 A.2d 1307 (Conn. App. Ct. 1987).
· cites it 11× “This is an appeal from the judgment of the trial court rendered after the acceptance of a report of a committee established pursuant to General Statutes § 47-34. 1 We find error.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.