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; 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.
Structure Connecticut General Statutes
Title 47 - Land and Land Titles
Chapter 822 - Easements and Restrictions
Section 47-37. - When acquired by adverse use.
Section 47-38. - Mode of preventing acquisition.
Section 47-39. - Service of notice upon the party claiming the easement.
Section 47-40. - Giving of notice when party unknown.
Section 47-41. - Notice considered a disturbance of the right.
Section 47-42. - Easements for public utility or railway purposes.
Section 47-42a. - Definitions.
Section 47-42c. - Acquisition of restrictions. Enforcement by Attorney General.