Such marketable record title is subject to: (1) All interests and defects which are created by or arise out of the muniments of which the chain of record title is formed; provided a general reference in the muniments, or any of them, to easements, use restrictions or other interests created prior to the root of title are not sufficient to preserve them, unless specific identification is made therein of a recorded title transaction which creates the easement, use restriction or other interest; (2) all interests preserved by the recording of proper notice or by possession by the same owner continuously for a period of forty years or more, in accordance with section 47-33f; (3) the rights of any person arising from a period of adverse possession or use, which was in whole or in part subsequent to the effective date of the root of title; (4) any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record is started; provided such recording shall not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of section 47-33e; (5) the exceptions stated in section 47-33h as to rights of reversioners in leases, as to apparent easements and interests in the nature of easements, and as to interests of the United States, this state and political subdivisions thereof, public service companies and natural gas companies.

(1967, P.A. 553, S. 3; 1969, P.A. 509, S. 3; P.A. 78-105, S. 3, 4; P.A. 79-602, S. 44; P.A. 94-198, S. 10, 13; P.A. 95-169, S. 3.)

History: 1969 act substituted “forty” for “sixty” years in Subdiv. (b); P.A. 78-105 referred to defects created by or arising out of muniments forming chain or record rather than to those which are “inherent in” the muniments forming chain of record; P.A. 79-602 replaced alphabetic Subdiv. indicators with numeric indicators and made minor changes in wording; P.A. 94-198 added Subdiv. (6) re environmental use restrictions, effective June 7, 1994; P.A. 95-169 deleted a provision making marketable record title subject to an environmental use restriction registered with the Commissioner of Environmental Protection.

Marketability of title discussed. 183 C. 59. Cited. 219 C. 81; 239 C. 199. Grantee to whom a conveyance is made with reference to a map or plat acquires a private right, or easement, in a park or other open area delineated on such map or plat, in order to secure to persons purchasing lots under such circumstances, those benefits, the promise of which, it is reasonable to infer, has induced them to buy portion of a tract laid out on the plan indicated; recording of development plan in town clerk's office and specific reference to it in root of title and other deeds created an implied easement sufficient to satisfy requirement that an interest in real property must be specifically identified in deed in order for it to be preserved. 276 C. 782.

Cited. 3 CA 550; 44 CA 683; 46 CA 525. Section requires either a specific reference in the muniments of title to easements, use restrictions, or other interests or a general reference to such interests accompanied by a specific identification of a recorded title transaction creating the easement. 169 CA 653.

Cited. 34 CS 31.