Notice not to be recorded to slander title. Damages.

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No person may use the privilege of recording notices under sections 47-33f and 47-33g for the purpose of slandering the title to land. In any action brought for the purpose of quieting title to land, if the court finds that any person has recorded a claim for that purpose only, the court shall award the plaintiff all the costs of the action, including such attorneys' fees as the court may allow to the plaintiff, and in addition, shall decree that the defendant asserting the claim shall pay to the plaintiff all damages the plaintiff may have sustained as the result of such notice of claim having been so recorded.

(1967, P.A. 553, S. 9; P.A. 79-602, S. 48.)

History: P.A. 79-602 restated provisions and added specific references to Secs. 47-33f and 47-33g.

Cited. 183 C. 59; 219 C. 81; 239 C. 199.

Cited. 3 CA 550; 31 CA 87; 44 CA 683; 46 CA 525. Plaintiff was not required to prove that it demanded that defendants release the mortgages in order to prove slander of title. 144 CA 624. Sec. 52-577 provides appropriate limitations period for slander of title claim under section, and limitations period begins to run at occurrence of act complained of, in this case, at recording of deed and survey. 185 CA 627.

Cited. 34 CS 31.


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