Title 27, Title 27: Property

§ 542. Fraudulent deeds Fraudulent and deceitful deeds, conveyances, and alienations of lands, or of an estate or interest therein, and charges upon lands or upon the rents and profits thereof, procured, made, or suffered with intent to avoid a right, debt, or duty of a person, s…

§ 543. Highways as encumbrances When real estate is conveyed by deed, the existence of a highway over or upon any part of such estate shall not be treated as a breach of the covenant of seisin or warranty or any covenant against encumbrances contained in such deed unless the part…

§ 544. Energy devices based on renewable resources (a) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from b…

§ 545. Covenants, conditions, and restrictions of substantial public interest (a) Deed restrictions, covenants, or similar binding agreements added after March 1, 2021 that prohibit or have the effect of prohibiting land development allowed under 24 V.S.A. § 4412(1)(E) and (2)(A)…

§ 546. Racially and religiously restrictive covenants in deeds prohibited (a) A deed, mortgage, plat, or other recorded device recorded on or after July 1, 2022 shall not contain a covenant, easement, or any other restrictive or reversionary interest purporting to restrict the ow…

§ 601. Requirements (a) Any person who holds an unbroken chain of title of record to any interest in real estate for 40 years shall at the end of that period be deemed to have a marketable record title to the interest, subject only to such claims to the interest and such defects …

§ 602. Unbroken chain; conditions and suspension (a) A person shall be deemed to hold an unbroken chain of title to an interest in real estate for purposes of this subchapter when the official public records disclose: (1) a conveyance not less than 40 years in the past, properly …

§ 603. Successors in interest; notices of claim; filing for record A person holding a marketable title under this subchapter shall hold the same, and it shall be taken by his or her successors in interest, free and clear of any and all interests, liens, claims, and charges the ex…

§ 604. Failure to file notice (a) This subchapter shall not bar or extinguish any of the following interests by reason of failure to file the notice provided for in section 605 of this title: (1) the interest of any lessor or his or her successor as reversioner of the right to po…

§ 605. Contents of notice of claim; recording (a) To be effective, the notice referred to in section 603 of this title shall contain a full and accurate description of the land affected by the notice, set forth in particular terms, shall be recorded at length in the land records …

§ 606. Limitation of actions Nothing in this subchapter shall extend the periods for the bringing of an action or suit or for the doing of any act required under existing statutes of limitation nor affect the operation of existing statutes governing the effect of the recording of…

§ 607. Time-shares; right to cancel (a) For the purposes of this section a “time-share” means an interest in a project involving real property acquired by means of a time-share estate or a time-share license. A “time-share estate” is a right to occupy a unit or any of several uni…

§ 609. Conveyance of standing timber If standing timber is conveyed by deed or other instrument, with a clause limiting the time for removal, title to any uncut timber remaining on the land at the expiration of the time for removal shall revert to the owner of the fee. (Added 198…

§ 610. Housing subsidy covenants; enforceability (a) Definition. As used in this section, “housing subsidy covenant” means a covenant the purpose of which is to encourage the development and continued availability of affordable rental and owner-occupied housing for low and modera…

§ 611. Remediation certificates A remediation certificate issued under the provisions of 18 V.S.A. § 1221a, and duly recorded under the provisions of 18 V.S.A. § 1221b, shall correct any title deficiencies under this subchapter that were caused by the absence of a subdivision per…

§ 612. Municipal permits (a) Notwithstanding the majority decision in Bianchi v. Lorenz (1997), for land development, as defined in 24 V.S.A. § 4303(10), no encumbrance on record title to real estate or effect on marketability shall be created by the failure to obtain or comply w…

§ 614. Transfer of stormwater discharge permits to a municipality (a) The failure of the residential subdivision to obtain, renew, or comply with the terms of a pretransition stormwater discharge permit shall not create an encumbrance on record title to real property within the r…

§ 615. Wetland permit No encumbrance on record title to real estate or effect on marketability shall be created by failure to obtain or comply with a permit of the Secretary of Natural Resources pursuant to 10 V.S.A. chapter 37. (Added 2009, No. 31, § 10.)

§ 616. Groundwater source testing; disclosure of informational material (a) Disclosure of potable water supply informational material. For a contract for the conveyance of real property with a potable water supply, as that term is defined in 10 V.S.A. § 1972(6), that is not serve…

§ 617. Disclosure of class 4 road (a) Disclosure of maintenance on class 4 highway. Any property owner who sells property located on a class 4 highway or legal trail shall disclose to the buyer that the municipality is not required to maintain the highway or trail as described in…

§ 621. Short title This subchapter may be cited as the Uniform Real Property Electronic Recording Act. (Added 2021, No. 171 (Adj. Sess.), § 2, eff. July 1, 2022.)

§ 622. Definitions For the purposes of this subchapter: (1) “Document” means information that is: (A) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (B) eligible to be recorded in the land records main…

§ 623. Validity of electronic documents (a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this subchapter. (b) If a law r…

§ 624. Recording of documents (a) In this section, “paper document” means a document that is received by the recorder in a form that is not electronic. (b) A recorder: (1) who implements any of the functions listed in this section shall do so in compliance with the most recent st…

§ 625. Standards and best practices To ensure consistency in the standards and best practices of, and the technologies used by, recorders in this State, all recordings of deeds and other instruments or evidences respecting real estate, regardless of format, shall comply with stan…

§ 626. Relation to Electronic Signatures in Global and National Commerce Act This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.) but does not modify, limit, or supersede Section 101(c) …