# Conn. Gen. Stat. § 47-21: Sec. 47-21. Deeds of land by persons ousted of possession, void

> Connecticut · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-21

## Section

- **Citation:** Conn. Gen. Stat. § 47-21
- **Heading:** Sec. 47-21. Deeds of land by persons ousted of possession, void
- **Jurisdiction:** Connecticut
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Connecticut Code / Title 47 / Chapter 821 / Section 47-21

## Text

Section does not extend to the state. K. 221. Conveyance prohibited by statute is void. 1 R. 100; Id., 199; Id., 402; 2 D. 151. Possession of mortgagee not adverse. 2 R. 499. What evidence is admissible. Id., 121. Reconveyance of mortgage to mortgagor, both out of possession, not within statute; whether conveyance of incorporeal hereditament falls within statute. 4 D. 234. Mortgage not an alienation so as to make the parties liable. 4 C. 421. When a deed releasing title by execution is void under statute. Id., 575. Landlord is not ousted by possession of tenant; grantee of corporation may be liable. 9 C. 421. Conveyance may be void in part and valid in part under statute. 13 C. 75; 14 C. 104; 109 C. 693. Owner of the soil of a highway may be disseized thereof, subject to the public easement. 19 C. 182. Quitclaim deed is such an alienation. Id., 471; 20 C. 262. Actual possession by any one as owner is sufficient ouster of another. Id. Receipt of rents and profits of land insufficient to prove an ouster of the holder of the legal title. 36 C. 345. Tenant of land under agreement to purchase may, after performing his contract, deny title of vendor, and thereafter his holding will be adverse. 38 C. 262. Quitclaim by ousted mortgagee to third party conveys an equitable, but no legal, title. 40 C. 90. A conveyance by an ousted grantor, made to a party to whom grantor, before ouster, had contracted to convey it, is not within statute. 50 C. 46. Ouster which will render grantor's deed void under section is the same which is required to establish adverse possession. 69 C. 28; 71 C. 574; 74 C. 523; 81 C. 133; 102 C. 56; 103 C. 335; 104 C. 288; 112 C. 6; Id., 125. Existence of way not an ouster; 69 C. 163; nor is building jutting over land; 75 C. 662; 87 C. 31; nor is possession of life tenant ouster of remainderman; 76 C. 594; 77 C. 407. Effect of ouster. 81 C. 551. Grantor, or grantee in grantor's name, may sue for possession of lands from which grantor was ousted. 93 C. 115. Cited. 120 C. 16; 134 C. 342. Ouster which will make deed void is same which is required to establish adverse possession. 135 C. 691. Cited. 137 C. 42. Possession necessary to constitute an ouster under section must be of the type which would ripen into a title by adverse possession if it were continued long enough. 147 C. 689. In action to quiet title under Sec. 47-31, if defendant had been deeded land which plaintiffs occupied, judgment should declare deed to defendant void. 155 C. 327. Possession necessary to constitute an ouster under section is possession that would, if continued for the requisite period, ripen into title by adverse possession. 165 C. 457.

Cited. 1 CA 481; 37 CA 153. Possession necessary to constitute ouster is possession that would ripen into a title by adverse possession if continued for the requisite period. 48 CA 436.

Cited. 3 CS 49; 4 CS 34; 5 CS 477. Defendant's deed from his immediate predecessor in title, delivered more than 15 years after plaintiff's adverse possession began, was unavailing to convey the land in dispute since such predecessor was then out of possession. 6 CS 20. Purpose is to codify the common-law rule against champerty and maintenance; executor's deed issued by order of Probate Court is not within its scope. 34 CS 31.

## Nearby sections

- [Conn. Gen. Stat. § 47-2 Sec. 47-2. Charitable uses.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-2.md)
- [Conn. Gen. Stat. § 47-3 Sec. 47-3. Estate given in fee tail.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-3.md)
- [Conn. Gen. Stat. § 47-4 Sec. 47-4. Rule in Shelley's case, and collateral warranties, abolished.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-4.md)
- [Conn. Gen. Stat. § 47-5 Sec. 47-5. Requirements re conveyances of land. Conveyance pursuant to power of attorney.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-5.md)
- [Conn. Gen. Stat. § 47-5a Sec. 47-5a. Persons before whom acknowledgment may be made.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-5a.md)
- [Conn. Gen. Stat. § 47-6 Sec. 47-6. Witnessing and acknowledgment of deeds of corporations and voluntary associations.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-6.md)
- [Conn. Gen. Stat. § 47-6a Sec. 47-6a. Foreign business trust authorized to purchase, hold, transmit, make mortgages on, acquire and convey interests in real estate; filing of trust declaration.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-6a.md)
- [Conn. Gen. Stat. § 47-6b Sec. 47-6b. Conveyances to nonprofit land-holding organizations.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-6b.md)
- [Conn. Gen. Stat. § 47-7 Sec. 47-7. Conveyances and releases executed outside this state. Exception.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-7.md)
- [Conn. Gen. Stat. § 47-7a Sec. 47-7a. (Formerly Sec. 47-58a). Rights of aliens re real estate. Validation of real estate transfers to aliens.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-7a.md)
- [Conn. Gen. Stat. § 47-10 Sec. 47-10. Conveyance to be recorded. Recorded conveyance not invalid or unenforceable if original documentation converted into digital or electronic form, lost or destroyed.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-10.md)
- [Conn. Gen. Stat. § 47-12a Sec. 47-12a. Affidavit of facts relating to title or interest in real estate.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-12a.md)
- [Conn. Gen. Stat. § 47-12b Sec. 47-12b. Unlawful restrictive covenants void. Affidavit or form re unlawful restrictive covenants.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-12b.md)
- [Conn. Gen. Stat. § 47-13 Sec. 47-13. Conveyance of property acquired prior to change of name.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-13.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CT_T47_C821_S47-21. Check the current official text before relying on it. Not legal advice.