Interests in Real Estate

Question 1

Dower and Curtesy

Answer 1

CT does not recognize either; interest of a person in the property of his or her spouse is provided for via statutory survivorship right or to a joint tenancy with survivorship rights

Question 2

Survivorship Interest

Answer 2

spouse is entitled to a life estate equal in value to one third of the deceased partner’s property (real and personal); it is not necessary for nonowning spouse to sign any conveyances of an owning spouses real estate

Question 3

Homestead Exemption

Answer 3

CT does not recognize homestead exemption; however, it does provide for temporary application of homestead in probate court procedures and exemption in debt collection procedures

Question 4

Conservation Restriction

Answer 4

retain land or water areas in agricultural, farming, forest or open space use

Question 5

Preservation Restriction

Answer 5

preserve historically significant structures or sites

Question 6

Easements by Prescription

Answer 6

In CT, generally run with the land therefore they pass with the property ownership rights on conveyance

Question 7

Acquisition of Prescriptive Easements

Answer 7

15 years

Question 8

Burden of Proof

Answer 8

lies with the user, must establish his or her rights with adequate proof

Question 9

Light and Air Easements

Answer 9

cannot be acquired by prescription if the creation of such an easement would make it unlawful for an adjoining landowner to erect a structure

Question 10

Preventing Acquisition by Prescription

Answer 10

must issue a written notice to the person claiming the right or privilege in the same manner as one would serve an original summons in a civil action

Question 11

License

Answer 11

permission to be on another person’s land for a specific purpose