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A title search on a property in Bridgeport, Connecticut reveals a gap in the chain of title: a deed recorded in 1962 conveys the property from Owner A to Owner B, but there is no recorded deed from Owner B to Owner C, who is listed as the grantor in a 1978 deed conveying the property to Owner D. The property has since been conveyed multiple times and is now owned by the current seller. How does this gap in the chain of title affect a buyer's ability to obtain title insurance in Connecticut?

Correct Answer

D) The gap creates a cloud on title that may prevent the buyer from obtaining standard title insurance without a curative instrument or legal proceeding

A gap in the chain of title — where there is no recorded instrument connecting two owners in the sequence — creates a cloud on title. Title insurance underwriters in Connecticut will typically require that the gap be cured before issuing a standard owner's or lender's policy. Curative measures may include a quitclaim deed from Owner B (or their heirs), an affidavit of heirship, a quiet title action, or other legal proceedings. Until the gap is resolved, the title is not considered marketable.

Answer Options
A
The gap is automatically cured because the property has been continuously occupied and the statute of limitations has expired
B
The gap is irrelevant because Connecticut's 40-year marketable title act automatically cures all title defects older than 40 years
C
The gap only affects the buyer if Owner B is still alive and could assert a claim to the property
D
The gap creates a cloud on title that may prevent the buyer from obtaining standard title insurance without a curative instrument or legal proceeding

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Related Topics & Key Terms

Key Terms:

chain_of_titletitle_defectcloud_on_titletitle_insurancemarketable_title

Related Concepts

Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.

Community property is a system where property acquired during a marriage is owned equally by both spouses.

A freehold estate represents ownership of real property with an indefinite duration.

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