(a) The court appointing a conservator of the property or person of any person who has been adjudged incapable and who owns real property in this state or any interest in such property or mortgage or lien on such property shall forthwith order the conservator to immediately record, in the land records of each town where the real property is situated, a certificate setting forth the name and residence of the person, the name of the conservator, the date of his appointment and the court by which the appointment was made. Upon the resignation or removal of the conservator, unless another conservator is immediately appointed by the same court to succeed him, the court shall forthwith order the conservator to record in the land records of each town where the real property is situated a certificate setting forth the name and residence of the person and of the conservator, the date of resignation or removal and the court in which the proceedings took place.

(b) The conservator shall record the notice pursuant to the order and, upon failure to do so within two months after the appointment, resignation or removal, shall be fined not more than fifty dollars.

(c) The record in the court of the appointment, resignation or removal of the conservator shall not be constructive notice of the incapacity or capacity of the owner of the real property or of an interest in real property or of a mortgage or lien on such property to make valid contracts relative to such property, until the certificate is recorded as provided in subsection (a) of this section.

(1949 Rev., S. 6877; P.A. 80-476, S. 134; P.A. 91-49, S. 5.)

History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-74 transferred to Sec. 45a-658 in 1991; P.A. 91-49 changed “incompetency or competency” to “incapacity or capacity”.