Sec. 47-38. Mode of preventing acquisition. - Connecticut Statutes

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Statutes > Connecticut > Title47 > Chap822 > Sec47-38

      Sec. 47-38. Mode of preventing acquisition. The owner of land over which a right-of-way or other easement is claimed or used may give notice in writing, to the person claiming or using the privilege, of his intention to dispute the right-of-way or other easement and to prevent the other party from acquiring the right; and the notice, being served and recorded as provided in sections 47-39 and 47-40, shall be deemed an interruption of the use and shall prevent the acquiring of a right thereto by the continuance of the use for any length of time thereafter.

      (1949 Rev., S. 7131; P.A. 79-602, S. 57.)

      History: P.A. 79-602 made minor changes in wording but made no substantive changes.

      Cited. 140 C. 370. Cited. 142 C. 296. Cited. 143 C. 40. Trial court properly determined that boundary line agreement did not constitute notice of intent to prevent airport defendant from acquiring an easement and, therefore, did not prevent airport defendants from acquiring a prescriptive easement in the land trust properties. 275 C. 105.

      Cited. 40 CS 272.

State Codes and Statutes

Statutes > Connecticut > Title47 > Chap822 > Sec47-38

      Sec. 47-38. Mode of preventing acquisition. The owner of land over which a right-of-way or other easement is claimed or used may give notice in writing, to the person claiming or using the privilege, of his intention to dispute the right-of-way or other easement and to prevent the other party from acquiring the right; and the notice, being served and recorded as provided in sections 47-39 and 47-40, shall be deemed an interruption of the use and shall prevent the acquiring of a right thereto by the continuance of the use for any length of time thereafter.

      (1949 Rev., S. 7131; P.A. 79-602, S. 57.)

      History: P.A. 79-602 made minor changes in wording but made no substantive changes.

      Cited. 140 C. 370. Cited. 142 C. 296. Cited. 143 C. 40. Trial court properly determined that boundary line agreement did not constitute notice of intent to prevent airport defendant from acquiring an easement and, therefore, did not prevent airport defendants from acquiring a prescriptive easement in the land trust properties. 275 C. 105.

      Cited. 40 CS 272.

State Codes and Statutes

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State Codes and Statutes

Statutes > Connecticut > Title47 > Chap822 > Sec47-38

      Sec. 47-38. Mode of preventing acquisition. The owner of land over which a right-of-way or other easement is claimed or used may give notice in writing, to the person claiming or using the privilege, of his intention to dispute the right-of-way or other easement and to prevent the other party from acquiring the right; and the notice, being served and recorded as provided in sections 47-39 and 47-40, shall be deemed an interruption of the use and shall prevent the acquiring of a right thereto by the continuance of the use for any length of time thereafter.

      (1949 Rev., S. 7131; P.A. 79-602, S. 57.)

      History: P.A. 79-602 made minor changes in wording but made no substantive changes.

      Cited. 140 C. 370. Cited. 142 C. 296. Cited. 143 C. 40. Trial court properly determined that boundary line agreement did not constitute notice of intent to prevent airport defendant from acquiring an easement and, therefore, did not prevent airport defendants from acquiring a prescriptive easement in the land trust properties. 275 C. 105.

      Cited. 40 CS 272.