(a) Any transfer of an interest in real property to a trust, rather than to the trustee or trustees of the trust, shall constitute a valid and enforceable transfer of such interest.

(b) Any subsequent transfer of such interest in real property, or any portion or part thereof (1) made by the trust and executed by a duly authorized trustee of the trust, shall be treated as if the transfer was made by such duly authorized trustee, or (2) made and executed by a duly authorized trustee of the trust, shall be treated as if the transfer was made by the trust.

(c) Any instrument whose grantor, grantee, releasor, releasee, assignor, assignee, transferor or transferee is a trust shall be indexed by the town clerk in the name of the trust identified in such instrument and also in the name or names of all trustees identified in such instrument.

(d) With respect to any instrument that has been recorded in the land records and whose grantor, releasor, assignor or transferor is a trust, it shall be presumed, in the absence of evidence in the land records indicating otherwise, that the (1) person who executed such instrument on the trust’s behalf was duly authorized to so act, and (2) trust on whose behalf such person acted contained a provision conferring upon the trustee or trustees, the power to convey an interest in real property.

(P.A. 16-194, S. 6; P.A. 17-99, S. 50.)

History: P.A. 17-99 replaced provisions re conveyance of interest in land to trust rather than trustees with Subsecs. (a) to (d) re transfer of an interest in real property to trust rather than trustee, subsequent transfers of interest in real property, indexing of instrument by town clerk and presumptions re certain instruments recorded in the land records, respectively.