Whose land is it? Adverse Possesson in the State of Connecticut

Standard of Review for Adverse Possession


"The essential elements of adverse possession are that the owner shall be ousted from possession and kept out uninterruptedly for fifteen years under a claim of right by an open, visible, notorious, and exclusive possession of the claimant without license or consent of the owner. . . . Adverse possession must be proven by the claimant . . . by clear and convincing evidence." (Citations omitted; internal quotation marks omitted.) Gemmell v. Lee, 59 Conn. App. 572, 578 (2000) citing Kramer v. Petisi, 53 Conn. App. 62, 67; cert. denied, 249 Conn. 919 (1999).


A use made under a claim of right is a use made "without recognition of the rights of the owner of the servient tenement. The use must occur without license or permission and must be unaccompanied by recognition of [the right of the owner of the servient tenement] to stop such use. . . . The claim of right requirement serves to ensure that permissive uses will not ripen into easements by prescription by requiring that the disputed use be adverse to the rights of the owner of the servient tenement." (Citation omitted; internal quotation marks omitted.) Faught v. Edgewood Corners, Inc., 63 Conn. App. 164, 170 (2001) citing Crandall v. Gould, 244 Conn. 583, 590-91 (1998).


"The Defendant must also prove that his use of the land was exclusive. This means that the possession by the Defendant was not shared with the Plaintiff's predecessors in title or anyone else for that matter. The requisite of exclusive possession for the statutory period is not met if the adverse user merely shares dominion over the property with other users.” Highland Associates v. Fohl, 62 Conn. App. 612, 619-620 (2001).


The requirement that an adverse possession be "notorious" in the sense of "being or constituting something that is commonly known: well known" (Webster, Third New International Dictionary) is obviously to give actual notice to an owner that a claim contrary to his ownership is being asserted or to lay a foundation for a finding of constructive notice. Pepe v. Aceto,119 Conn 282, 287 (1934); Schroeder v. Taylor, 104 Conn. 596, 605 (1926).


"Occupation must not only be hostile in its inception, but it must continue hostile, and at all times during the required period of fifteen years challenge the right of the true owner, in order to found title by adverse use upon it" (Citation omitted; internal quotation marks omitted.) Lazoff v. Padgett, supra, 2 Conn. App. 246, 250 (1984).

Connecticut’s Conveyance Tax May Be Extended for Two Years

House Bill 5885 - Is Connecticut’s Conveyance Tax Increase Temporary?

The temporary fix to Connecticut’s financial problems may continue to be supplemented by the increased conveyance tax for both the State and local municipalities. A conveyance tax is imposed and collected based upon the sales price of the real property being sold. In Connecticut the conveyance tax is customarily paid by the seller at the time of the sale.

The increase in the conveyance tax was supposed to expire (sunset) July 1, 2007. A sunset gives lawmakers a chance to review laws and then after its review decide to continue them or not. Apparently, this increase shall not expire but continue for at least two more years at this rate.

If you are selling your home at a loss you may have to bring money to the closing table to pay this conveyance tax in addition to the other fees associated with the closing, including real estate commissions, attorneys fees etc. Conversely, a bank that acquires a property through the foreclosure process does not pay a conveyance tax on that foreclosed property. A conveyance tax is bourn only by a home seller regardless of the length of time the seller has owned the home.

The tax is calculated on the total sale price, not the equity or the profit that the seller makes. Every day at the closing table you can feel the stress that the homeowner, often bringing money to the closing table to avoid foreclosure or a high interest rate usually unexpected with that variable rate mortgage. Seniors in this state are being affected who live on a fixed income and need all of the equity that they have built over years of home ownership when it's time to sell their property.

Your home is one of your greatest investments and you don't want to see your equity going to a state government that continues to increase our taxes. Sunset the conveyance tax and hold the politicians to their word of a temporary increase and not a permanent increase disguised by temporary renewals of the tax.