Connecticut General Statutes 47-36bb – Validation re transfer of interest in real property to trust rather than trustee. Treatment of subsequent transfers. Indexing by town clerk. Presumptions re certain instruments recorded in the land records
(a) Any transfer of an interest in real property to a trust, rather than to the trustee or trustees of the trust, shall constitute a valid and enforceable transfer of such interest.
Terms Used In Connecticut General Statutes 47-36bb
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grantor: The person who establishes a trust and places property into it.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
(b) Any subsequent transfer of such interest in real property, or any portion or part thereof (1) made by the trust and executed by a duly authorized trustee of the trust, shall be treated as if the transfer was made by such duly authorized trustee, or (2) made and executed by a duly authorized trustee of the trust, shall be treated as if the transfer was made by the trust.
(c) Any instrument whose grantor, grantee, releasor, releasee, assignor, assignee, transferor or transferee is a trust shall be indexed by the town clerk in the name of the trust identified in such instrument and also in the name or names of all trustees identified in such instrument.
(d) With respect to any instrument that has been recorded in the land records and whose grantor, releasor, assignor or transferor is a trust, it shall be presumed, in the absence of evidence in the land records indicating otherwise, that the (1) person who executed such instrument on the trust’s behalf was duly authorized to so act, and (2) trust on whose behalf such person acted contained a provision conferring upon the trustee or trustees, the power to convey an interest in real property.