A mortgage or lease executed by all of the joint tenants does not sever the joint tenancy but is valid according to its terms against the joint tenants and the survivor or survivors of them. A mortgage or lease executed by less than all of the joint tenants is a severance only to the extent that, upon the death of any joint tenant joining in the mortgage or lease, the mortgage or lease will continue to encumber the interest accruing to the surviving joint tenant or tenants by reason of that death.
Conn. Gen. Stat. § 47-14e
Mortgage or lease by joint tenants
Known as the Dormant Mineral Interests Act
The act spans §§ 47–47 (84 sections).
Applied in 1 court decision — leading case Cadle Co. v. Banner (In Re Banner) (2008)
Most recently applied in Cadle Co. v. Banner (In Re Banner) (August 2008)
(1959, P.A. 677, S. 5; P.A. 79-602, S. 28.) History: P.A. 79-602 made minor changes in wording but no substantive changes.
Official source: Connecticut General Assembly. Reproduced from public-domain Connecticut statutes; confirm against the official source for the current text. Not legal advice.