The notice under sections 47-38 and 47-39 shall be considered a disturbance of the right in question which enables the party claiming the right to bring an action as for a nuisance or disturbance for the purpose of trying the right. If the plaintiff in that action prevails, he shall be entitled to full costs, although he recovers only nominal damages.
(1949 Rev., S. 7134; P.A. 79-602, S. 60.)
History: P.A. 79-602 rephrased provisions and specified notice as that under Secs. 47-38 and 47-39.
Cited. 140 C. 370; 142 C. 296.
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.