The Superior Court in the exercise of its equitable jurisdiction may pass the title to real property by decree, without any act on the part of any party holding title to the real property, when in its judgment it is the proper mode to carry the decree into effect. When the decree is recorded in the land records in the town where the real property is situated, it shall be, while in force, as effectual to transfer the real property as the deed of the party or parties holding title.
(1949 Rev., S. 7759; P.A. 76-436, S. 111, 681; P.A. 82-160, S. 4.)
History: P.A. 76-436 applied provisions to superior court where previously applicable to any court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 replaced “estate” with “property” and rephrased the section.
This method is more simple and direct than requiring defendant to execute a deed. 22 C. 175. Title passes by the decree only as of its date, and is not available at law against a prior legal title. 28 C. 597. When a court of equity is acting in rem, it is not essential that the court have jurisdiction of the person of defendant. 139 C. 506. Used in conjunction with Sec. 46-22a of divorce statutes. 154 C. 107. Cited. 168 C. 579; 169 C. 85; 170 C. 455; 178 C. 308.
Cited. 1 CA 256; 2 CA 635; 6 CA 301; 17 CA 431; 23 CA 629; 30 CA 305. Section is not a separate source of statutory relief; a court may exercise its equitable powers under section when it has rendered a judgment affecting title to property, the enforcement of which has somehow been hindered or frustrated; in such a case, passing title under section is the proper mode to equitably enforce the court's decree; in present case, court's decree was improper because it was unnecessary to carry the court's judgment into effect. 140 CA 271.
Cited. 22 CS 149. Used in conjunction with Sec. 46-22a. 29 CS 1. Cited. Id., 462.
Notes of Decisions
Cited in
17
cases, 1960–2013 · leading case:
Lee v. Tufveson, 505 A.2d 18 (Conn. App. Ct. 1986).
Lee v. Tufveson, 505 A.2d 18 (Conn. App. Ct. 1986).
· cites it 30× “Lee, title to a parcel of real estate pursuant to General Statutes § 52-22. The plaintiff commenced this action against the defendants Pearl A.”
Hodge v. Hodge, 422 A.2d 280 (Conn. 1979).
· cites it 12× “In this appeal, the husband makes two claims: the first is that, without in personam jurisdiction *312 over the husband, the court did not have the power to transfer the husband’s property because the property had not been brought under the control of the court by an attachment;…”
Atlas Garage & Custom Builders, Inc. v. Hurley, 355 A.2d 286 (Conn. 1974).
· cites it 20× “The defendant has assigned error in the court's refusal to reach a conclusion contained in her draft *251 finding, in reaching the conclusions which it did reach and in rendering judgment for the plaintiff.”
Osborne v. Osborne, 482 A.2d 77 (Conn. App. Ct. 1984).
· cites it 6× “This is an appeal 1 from a judgment which ordered a conveyance of the parties’ marital property under General Statutes § 52-22. The parties were married on April 30, 1971.”
Giulietti v. Giulietti, 784 A.2d 905 (Conn. App. Ct. 2001).
· cites it 2× “General Statutes § 52-22 provides in relevant part that the Superior Court “in the exercise of its equitable jurisdiction may pass the title to real property by decree, without any act on the part of any party holding title to the real property, when in its judgment it is the…”
Dorsey v. Mancuso, 583 A.2d 646 (Conn. App. Ct. 1990).
· cites it 4× “We conclude that the nature of the plaintiff’s demands in the present case clearly notified the court and the defendant that equitable relief was being *635 sought, therefore, the court was entitled to grant equitable relief pursuant to General Statutes § 52-22. 1 II The…”
Gulack v. Gulack, 620 A.2d 181 (Conn. App. Ct. 1993).
· cites it 2× “See General Statutes § 52-22. The judgment imposing a constructive trust is affirmed.”
Pasquariello v. Pasquariello, 362 A.2d 835 (Conn. 1975).
· cites it 2× “See General Statutes § 52-22. In light of this and the inherent equitable powers of the court, we conclude that under the circumstances of this case the court did not exceed its equitable powers nor abuse its discretion in entering the decree as it did.”
Vance v. Tassmer, 16 A.3d 782 (Conn. App. Ct. 2011).
· cites it 2× “General Statutes § 52-22 provides: “The Superior Court in the exercise of its equitable jurisdiction may pass the title to real property by decree, without any act on the part of any party holding title to the real property, when in its judgment it is the proper mode to carry…”
Skinner v. Skinner, 221 A.2d 848 (Conn. 1966).
· cites it 2× “General Statutes § 52-22. The defendant’s appeal challenges the basis for the order and the formula the court employed in determining the extent of the interest, if any, which the defendant acquired in the realty in consideration of love and affection.”
Dombrowski v. Dombrowski, 362 A.2d 907 (Conn. 1975).
· cites it 2× “These conclusions are that (1) the plaintiff has sustained her claim of intolerable cruelty, (2) the defendant has not sustained his burden of proof of the allegations in the cross complaint, (3) the weekly sum of $30 is reasonable alimony, and (4) the defendant’s interest in…”
Aguinaldo v. Warner, 58 A.3d 373 (Conn. App. Ct. 2013).
· cites it 14× “The plaintiff, Amel Aguinaldo, appeals from the postjudgment decree of the trial court in this summary process action, passing title pursuant to General Statutes § 52-22 to the defendant, Mary Ellen Warner, 1 to a parcel of real property located at 12 Franklin Avenue, Westport…”
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