Quiet Title Action Complaint and Lis Pendens

COMPLAINT TO QUIET TITLE AND NOTICE OF LIS PENDENS — CONNECTICUT

TABLE OF CONTENTS

1. Caption and Writ-Summons-Complaint Header
2. Parties, Jurisdiction, and Venue
3. The Real Property
4. Plaintiff's Chain of Title and Marketable Record Title (§ 47-33h)
5. Plaintiff's Possession
6. Defendants' Adverse Claims
7. First Count — Action to Quiet Title (C.G.S. § 47-31)
8. Second Count — Marketable Record Title Act (C.G.S. § 47-33h)
9. Third Count — Adverse Possession (C.G.S. § 52-575)
10. Fourth Count — Declaratory Judgment
11. Prayer for Relief
12. Verification
13. Signature and Service Blocks
14. Notice of Lis Pendens (C.G.S. § 52-325)
15. Writ of Summons
16. Application / Order for Service by Publication
17. Title Search Certification
18. Connecticut Practice Notes
19. Sources and References

1. CAPTION AND WRIT-SUMMONS-COMPLAINT HEADER

SUPERIOR COURT

JUDICIAL DISTRICT OF [____________________]

AT [____________________]

Docket No. [____________________]

RETURN DATE: [__/__/____]

COMPLAINT TO QUIET TITLE

Amount in Demand: Exclusive of interest and costs, more than $15,000 (Major; equitable relief)

The Plaintiff, complaining of the Defendants, alleges:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult resident of [TOWN], [COUNTY] County, Connecticut, residing at [ADDRESS].

2.2. Defendant [DEFENDANT 1 NAME] is, upon information and belief, an adult [resident of [TOWN, STATE] / non-resident of Connecticut / person whose whereabouts are unknown after diligent inquiry], whose last known address is [ADDRESS].

2.3. Defendants "Unknown Heirs, Devisees, and Assigns of [PRIOR RECORD OWNER], deceased" are joined pursuant to C.G.S. § 47-31(b) and Practice Book § 9-21 because they may claim some right, title, or interest in the Real Property.

2.4. Defendants "All Persons Unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property" are joined to bind all persons asserting or who may assert any claim against the Real Property, as expressly authorized by C.G.S. § 47-31(b).

2.5. This Court has subject-matter jurisdiction pursuant to C.G.S. §§ 51-164s and 47-31.

2.6. Venue is proper in this Judicial District pursuant to C.G.S. § 51-345(a)(2) because the Real Property is situated in [TOWN], [COUNTY] County, within this Judicial District.

3. THE REAL PROPERTY

3.1. This action concerns the following real property situated in the Town of [TOWN NAME], [COUNTY] County, Connecticut (the "Real Property"):

Street Address: [_________________________________________]

Map / Block / Lot: Map [____], Block [____], Lot [____]

Legal Description:
[_____________________________________________________________
_____________________________________________________________
_____________________________________________________________]

3.2. The Real Property is the same premises described in that certain [Warranty / Quitclaim] Deed dated [__/__/____] and recorded [__/__/____] in Volume [____] at Page [____] of the Town of [TOWN] Land Records.

4. PLAINTIFF'S CHAIN OF TITLE AND MARKETABLE RECORD TITLE (§ 47-33h)

4.1. Plaintiff acquired the Real Property by [Warranty / Quitclaim] Deed from [GRANTOR], dated [__/__/____] and recorded at Volume [____], Page [____], of the Town of [TOWN] Land Records.

4.2. The chain of title to the Real Property is as follows:

4.3. Plaintiff holds an unbroken chain of title of record to the Real Property for a period of not less than forty (40) years, commencing with that certain [INSTRUMENT TYPE] dated [__/__/____] and recorded [__/__/____] at Volume [____], Page [____] of the Town of [TOWN] Land Records, which constitutes Plaintiff's "root of title" within the meaning of C.G.S. § 47-33b.

4.4. Plaintiff thereby has marketable record title to the Real Property pursuant to C.G.S. § 47-33c, and all interests, claims, and charges arising prior to the root of title are extinguished pursuant to C.G.S. § 47-33e, except those preserved under C.G.S. § 47-33d.

4.5. Plaintiff is the present record owner in fee simple of the Real Property.

5. PLAINTIFF'S POSSESSION

5.1. Plaintiff has been in actual, open, visible, exclusive, continuous, and peaceable possession of the Real Property at all times since [__/__/____].

5.2. Plaintiff's possession has been manifested by, among other things: [occupancy / fencing / cultivation / improvements / payment of municipal taxes / leasing / other — describe].

5.3. Plaintiff has paid all real-estate taxes assessed against the Real Property by the Town of [TOWN] since [YEAR], as evidenced by Town tax collector receipts attached as Exhibit B.

6. DEFENDANTS' ADVERSE CLAIMS

6.1. Defendants claim, or may be deemed to claim, some right, title, estate, lien, or interest in the Real Property adverse to Plaintiff.

6.2. Specifically, the following instrument(s) of record purport to create a cloud on Plaintiff's title:

6.3. Each such claim is invalid because [stale claim antedating root of title / unreleased mortgage long since paid / wild deed / boundary discrepancy / lapsed easement / forged instrument / other — describe].

6.4. The adverse claims are clouds on Plaintiff's title and impair Plaintiff's right to convey or encumber the Real Property.

7. FIRST COUNT — ACTION TO QUIET TITLE (C.G.S. § 47-31)

7.1. Plaintiff incorporates paragraphs 2.1 through 6.4 as if fully restated.

7.2. Pursuant to C.G.S. § 47-31, an action may be brought by any person claiming title to, or any interest in, real property against any person claiming a right, title, estate, interest in, or encumbrance upon the property adverse to the plaintiff, for the purpose of determining the parties' respective rights.

7.3. Plaintiff is the owner in fee simple of the Real Property; Defendants assert adverse claims; Plaintiff is entitled to a judgment determining the parties' respective rights and quieting title in Plaintiff.

8. SECOND COUNT — MARKETABLE RECORD TITLE ACT (C.G.S. § 47-33h)

8.1. Plaintiff incorporates paragraphs 2.1 through 6.4 as if fully restated.

8.2. Plaintiff has an unbroken chain of record title to the Real Property for at least forty (40) years from Plaintiff's root of title (Volume [____], Page [____]).

8.3. Pursuant to C.G.S. § 47-33c, Plaintiff has marketable record title to the Real Property subject only to the matters expressly preserved by C.G.S. § 47-33d.

8.4. Pursuant to C.G.S. §§ 47-33e and 47-33h, all interests and claims (including the Defendants' adverse claims) arising prior to Plaintiff's root of title are declared null and void, are extinguished, and shall be removed from the land records.

9. THIRD COUNT — ADVERSE POSSESSION (C.G.S. § 52-575)

9.1. Plaintiff incorporates paragraphs 2.1 through 6.4 as if fully restated.

9.2. Without waiving the foregoing counts, and in the alternative, Plaintiff has acquired title to the Real Property by adverse possession.

9.3. Plaintiff (together with Plaintiff's predecessors in interest, by tacking) has been in actual, open, visible, exclusive, hostile, and continuous possession of the Real Property under a claim of right for a period exceeding fifteen (15) years, in conformity with C.G.S. § 52-575.

9.4. Plaintiff is therefore the sole owner in fee simple of the Real Property by adverse possession.

10. FOURTH COUNT — DECLARATORY JUDGMENT

10.1. Plaintiff incorporates paragraphs 2.1 through 6.4 as if fully restated.

10.2. An actual, justiciable controversy exists between Plaintiff and Defendants concerning their respective rights and interests in the Real Property.

10.3. Pursuant to C.G.S. § 52-29 and Practice Book § 17-54 et seq., Plaintiff is entitled to a declaratory judgment determining the rights and legal relations of the parties.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment as follows:

A. A determination that Plaintiff is the owner in fee simple of the Real Property;

B. A judgment that the Defendants and each of them have no right, title, estate, lien, or interest in the Real Property;

C. An adjudication under C.G.S. § 47-33h that all interests claimed by Defendants arising prior to Plaintiff's root of title are extinguished;

D. A judgment quieting title to the Real Property in Plaintiff and forever barring Defendants from asserting any claim adverse to Plaintiff;

E. An order directing the Town Clerk of [TOWN] to record this Court's judgment and to note the discharge of the following instrument(s): [list specific Volume/Page];

F. A declaratory judgment pursuant to C.G.S. § 52-29 declaring the rights and interests of the parties;

G. Costs, including attorney's fees where authorized by law;

H. Such other and further relief, legal or equitable, as the Court deems just and proper.

DATED at [CITY], Connecticut, this [____] day of [___________], 20[____].

PLAINTIFF, [PLAINTIFF NAME]

By: ________________________________
[ATTORNEY NAME]
Juris No. [__________]
[LAW FIRM]
[FIRM ADDRESS]
[CITY, CT ZIP]
Telephone: [__________]
E-mail: [__________]
Her/His/Their Attorney

12. VERIFICATION

STATE OF CONNECTICUT
COUNTY OF [_______________], ss.: [TOWN]

I, [PLAINTIFF NAME], being first duly sworn, depose and say: I am the Plaintiff in the foregoing action; I have read the foregoing Complaint to Quiet Title; and the facts and matters set forth therein are true and correct to the best of my knowledge and belief, except as to those matters stated on information and belief, and as to those, I believe them to be true.

____________________________________
[PLAINTIFF NAME], Affiant

Subscribed and sworn to before me this [____] day of [___________], 20[____].

____________________________________
Commissioner of the Superior Court / Notary Public
My commission expires: [__/__/____]

13. SIGNATURE AND SERVICE BLOCKS

Certification of Service (Practice Book § 10-12 et seq.)

I hereby certify that on [__/__/____], the original Writ, Summons, Complaint, and Notice of Lis Pendens were served as indicated below in accordance with C.G.S. §§ 52-50, 52-54, 52-46, and Practice Book Chapter 8:

☐ In-hand (personal) service by Connecticut State Marshal (C.G.S. § 52-54)
☐ Abode service by Connecticut State Marshal at usual place of abode (C.G.S. § 52-54)
☐ Service on the Secretary of the State (non-resident; C.G.S. § 52-59b)
☐ Service by publication pursuant to court order (C.G.S. § 52-69; P.B. § 11-13)
☐ Service on registered agent (corporate defendant; C.G.S. § 33-929 / § 34-243r)

I further certify that a copy of the Notice of Lis Pendens was served on the record owner within 30 days of recording as required by C.G.S. § 52-325(c).

____________________________________
[ATTORNEY NAME], Juris No. [__________]

14. NOTICE OF LIS PENDENS (C.G.S. § 52-325)

RETURN AFTER RECORDING TO:

[ATTORNEY NAME / LAW FIRM]
[ADDRESS]
[CITY, CT ZIP]

NOTICE OF LIS PENDENS

NOTICE IS HEREBY GIVEN, pursuant to C.G.S. § 52-325, that the following civil action is pending in the Superior Court for the Judicial District of [____________________] at [____________________]:

[PLAINTIFF NAME], Plaintiff,

v.

[DEFENDANT NAMES], Defendants

Docket No.: [____________________]

Return Date: [__/__/____]

The action is intended to affect the title to the real property described below; the object of the action is to quiet title and remove clouds upon title; and the action is brought under C.G.S. §§ 47-31, 47-33h, and 52-575.

The real property affected is located in the Town of [TOWN NAME], [COUNTY] County, Connecticut, and is more particularly described as:

Street Address: [_________________________________________]

Map / Block / Lot: [________________________________]

Legal Description:
[_____________________________________________________________
_____________________________________________________________]

The names of the parties claiming an interest in said property at the time of recording of this Notice are as follows:

DATED at [CITY], Connecticut, this [____] day of [___________], 20[____].

____________________________________
[ATTORNEY NAME], Juris No. [__________]
Attorney for Plaintiff

STATE OF CONNECTICUT
COUNTY OF [_______________], ss.: [TOWN]

This instrument was acknowledged before me on [__/__/____] by [ATTORNEY NAME] as attorney for Plaintiff.

____________________________________
Commissioner of the Superior Court / Notary Public
My commission expires: [__/__/____]

15. WRIT OF SUMMONS

(Use Connecticut Judicial Branch Form JD-CV-1 — Civil Summons)

SUPERIOR COURT — J.D. of [____________________] — at [____________________]

RETURN DATE: [__/__/____] (must be a Tuesday, at least 6 days after service)

TO ANY PROPER OFFICER:

By authority of the State of Connecticut, you are hereby commanded to make due and legal service of this Writ, Summons, and Complaint, together with the Notice of Lis Pendens, upon each of the named Defendants, at least twelve (12) days before the Return Date as provided by C.G.S. § 52-46.

TO THE DEFENDANTS:

If you or your attorney does not file a written appearance with the Clerk of the above-named Court within TWO (2) DAYS after the Return Date, a judgment may be entered against you by default. The appearance form may be obtained at the court address above or at www.jud.ct.gov.

DATED this [____] day of [___________], 20[____].

____________________________________
Commissioner of the Superior Court
[ATTORNEY NAME], Juris No. [__________]

16. APPLICATION / ORDER FOR SERVICE BY PUBLICATION

(C.G.S. § 52-69; Practice Book § 11-13)

To the Honorable Superior Court:

The undersigned Plaintiff respectfully represents:

1. The above-styled action has been commenced and is pending in the Superior Court for the Judicial District of [____________________].

2. Defendant(s) [NAME(S)] is/are non-resident(s) of the State of Connecticut, or his/her/their whereabouts cannot be determined after diligent inquiry, as set forth in the accompanying Affidavit of Due Diligence.

3. Plaintiff therefore moves for an order of notice directing publication of notice of the pendency of this action once a week for two successive weeks in [NAME OF NEWSPAPER], a newspaper having a substantial circulation in the place of last known residence of the Defendant(s), or as the Court may otherwise direct.

____________________________________
[ATTORNEY NAME], Juris No. [__________]

Affidavit of Due Diligence

I, [AFFIANT NAME], being first duly sworn, depose and say:

1. I am [the Plaintiff / counsel for Plaintiff] in the above-captioned action.

2. The following diligent efforts have been made to ascertain the whereabouts of Defendant(s):

(a) Inquiry of last known relatives, neighbors, and acquaintances;
(b) Search of Connecticut DMV and Voter Registration records;
(c) Online skip-trace and public-record database search;
(d) USPS NCOA inquiry;
(e) Inquiry of the Connecticut Secretary of State (for entities);
(f) [Additional efforts — describe].

3. Said efforts have not produced a current address for the Defendant(s).

____________________________________
[AFFIANT NAME], Affiant

Subscribed and sworn to before me this [____] day of [___________], 20[____].

____________________________________
Commissioner of the Superior Court / Notary Public

ORDER OF NOTICE (For Court Use)

The foregoing Application having been heard, it is hereby ORDERED that notice of the pendency of this action be given to [DEFENDANT NAME(S)] by publishing this Order once a week for two successive weeks in [NEWSPAPER], commencing on or before [__/__/____], and that the Plaintiff make due return thereof to the Court.

BY THE COURT,

____________________________________
Judge / Clerk of the Superior Court
Dated: [__/__/____]

17. TITLE SEARCH CERTIFICATION

CERTIFICATION OF TITLE EXAMINATION

I, [NAME OF EXAMINING ATTORNEY], an attorney admitted to practice in Connecticut, having examined the Land Records of the Town of [TOWN NAME] for the period from [__/__/____] through [__/__/____] — covering a minimum of forty (40) years prior to the present date as required to establish marketable record title under C.G.S. § 47-33c — hereby certify that:

A. Record fee title to the Real Property described herein is vested in [PLAINTIFF NAME];

B. The chain of title is as set forth in Section 4 above, with Plaintiff's "root of title" being the instrument recorded at Volume [____], Page [____], dated [__/__/____];

C. The following instruments of record constitute, or potentially constitute, a cloud on Plaintiff's title: [list specific Volume/Page];

D. No interests preserved under C.G.S. § 47-33d affect Plaintiff's marketable record title other than those specifically identified herein.

____________________________________
[NAME], Juris No. [__________]
Dated: [__/__/____]

18. CONNECTICUT PRACTICE NOTES

A. Commencement procedure. Service precedes filing in Connecticut. The Writ, Summons, and Complaint are placed with a state marshal who serves the defendants at least 12 days before the Return Date (C.G.S. § 52-46). The original is then returned to court at least 6 days before the Return Date (C.G.S. § 52-46a).

B. Return Date. Must be a Tuesday. Plan service deadlines backward from that date.

C. Marketable Record Title Act. C.G.S. §§ 47-33b through 47-33l establish a 40-year root of title that extinguishes prior interests subject to enumerated preservations under § 47-33d (e.g., interests of the United States, restrictions noticed within 40 years, etc.). Pleading the MRTA can sweep away stale claims efficiently.

D. Lis Pendens — 30-day service requirement. C.G.S. § 52-325(c) requires service of the Notice on the record owner within 30 days of recording for the notice to be valid and to constitute constructive notice. Calendar this strictly.

E. Discharge of Lis Pendens (§ 52-325a). A defendant may file an application to discharge the lis pendens. The court holds a probable-cause hearing; the burden is on plaintiff to establish probable cause to sustain the claim.

F. Adverse possession. C.G.S. § 52-575 sets the 15-year limitations period. Connecticut requires possession to be "open, visible, exclusive, hostile, and continuous" under a claim of right. See Mulle v. McCauley, 102 Conn. App. 803 (2007).

G. Bind-all defendants. C.G.S. § 47-31(b) expressly permits joinder of "any persons unknown" claiming any interest. Proper publication binds all such unknown persons.

H. Practice Book pleadings. Counts must be separately numbered; each paragraph should contain a single allegation; signature must comply with Practice Book §§ 4-2, 4-7. A Statement of Amount in Demand is required (P.B. § 10-20).

19. SOURCES AND REFERENCES

• C.G.S. § 47-31 — Action to settle title or claim interest in real or personal property
• C.G.S. §§ 47-33b - 47-33l — Marketable Record Title Act (40-year root)
• C.G.S. § 47-33h — Effect of marketable record title
• C.G.S. § 52-575 — Entry upon land to be made within fifteen years
• C.G.S. § 52-325 — Notice of lis pendens
• C.G.S. § 52-325a — Discharge or modification of lis pendens (probable-cause hearing)
• C.G.S. § 52-46, § 52-46a — Service deadlines; return of process
• C.G.S. § 52-45a — Commencement of civil actions
• C.G.S. § 52-69 — Service by publication on non-residents
• C.G.S. § 52-29 — Declaratory judgments
• Connecticut Practice Book §§ 8-1, 10-1, 10-12, 11-13, 17-54 et seq.
• Mulle v. McCauley, 102 Conn. App. 803 (2007) (adverse possession)
• Peterson v. Connecticut Attorneys Title Ins. Co., 142 Conn. App. 34 (2013) (lis pendens compliance)
• Sanstrom v. Strickland, 11 Conn. App. 211 (1987) (lis pendens defects)