Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When verifying all individuals and entities with an interest in real property in Connecticut, you must gather and review documentation that establishes legal title, encumbrances, and capacity to hold or convey interest. The process generally includes:
1. Chain of Title Search
• Obtain certified land records and deeds from the town clerk’s office to trace ownership back to a root conveyance. Under Conn. Gen. Stat. §49-1, registers of deeds maintain chronological records of all instruments affecting property.
• Review conveyance instruments (deeds, quitclaims, easements), mortgages, liens and judgments recorded against the property.
• Confirm no outstanding tax liens by ordering a municipal title search or obtaining a tax certificate per Conn. Gen. Stat. §12-145.
2. Owner Identification and Capacity
• For individuals: verify full legal name, current address, marital status and, if applicable, name-change documents (e.g., marriage certificates, divorce decrees).
• For deceased owners: obtain probate or successor trustee records under Conn. Gen. Stat. §45a-21 to confirm appointment of personal representative.
• For guardianship: review letters of conservatorship or guardianship issued by the probate court.
3. Entity Documentation
• Corporations and LLCs must provide a certificate of good standing or certificate of legal existence from the Connecticut Secretary of the State.
• Corporate resolutions or operating agreements must authorize the acquisition or disposition of real property. See Conn. Gen. Stat. §§33-396 (corporations) and 34-179 (LLCs).
• Partnerships must submit a certified copy of the partnership agreement and any amendments.
4. Trust Interests
• Obtain a certified copy of the trust agreement or a trust certification under Conn. Prac. Book §23-47 demonstrating the trustee’s authority.
• Confirm the trustee’s identity and that the trust is in good standing with any required filings or notices.
5. Mortgages and Liens
• Retrieve all recorded mortgages, liens and judgments affecting the property from the land records.
• For construction liens, verify compliance with notice requirements under Conn. Gen. Stat. §§49-33a to 49-33d.
6. Surveys and Boundary Evidence
• Commission or review a current boundary survey prepared by a licensed surveyor.
• Compare survey notes with deed descriptions and any recorded easements or rights-of-way.
By collecting these documents and verifying each person’s or entity’s capacity and recorded interest, you assemble a complete title profile. This due diligence protects buyers, sellers, and lenders from undisclosed claims.
Helpful Hints
- Start with a certified title commitment from a reputable insurer to outline required documents.
- Use the Connecticut General Assembly website for statute references: https://www.cga.ct.gov/current/pub/chap_422.htm (Land Records).
- Confirm name spellings and aliases by checking identification records and name-change filings.
- Obtain up-to-date municipal tax certificates to avoid surprises at closing.
- Coordinate with a surveyor early to address boundary issues before closing.
- Consult probate court records if there’s any indication of death or incapacity in the chain of title.
- Review entity formation documents with the Secretary of the State to ensure good standing and proper authority.