Connecticut General Statutes/Title 47/Chapter 822/Section 47-38

CGS § 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.

Short History

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

Long History

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

Citations

Cited. 140 C. 370; 142 C. 296; 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. None of defendant's actions, including the posting of “no trespassing” signs, was sufficient to interrupt plaintiff's continuous use of property. 296 C. 43.

Cited. 40 CS 272.

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