Title 27, Title 27: Property

§ 305. Conveyances effected through power of attorney (a) A deed or other conveyance of lands or of an estate or interest therein, made by virtue of a power of attorney, shall not be of any effect or admissible in evidence unless the power of attorney is signed, acknowledged, and…

§ 306. Evidence When a deed is made by virtue of a power of attorney thus executed and recorded, a certified copy of the record of such power of attorney may be read in evidence when the original cannot be produced.

§ 307. Vendor’s liens The vendor of real estate shall not have a lien thereon for unpaid purchase money, except such lien as is created and evidenced by deed executed, acknowledged, and recorded as deeds of conveyance of real estate.

§ 308. Mines and quarries The grantee of a mine, quarry, or of the right of mining and quarrying, in severance from the ownership of the soil, within 30 days after its execution, shall cause his or her deed, lease, or other instrument to be recorded in a book kept for that purpos…

§ 309. Proration of taxes (a) Unless otherwise expressly stated or agreed, in any offer or contract for the purchase and sale of real property, real property taxes assessed and payable shall be prorated as follows so that as between the parties, but not otherwise: (1) In municipa…

§ 341. Requirements generally; recording (a) Deeds and other conveyances of lands, or of an estate or interest in land, shall be signed by the party granting the same and acknowledged by the grantor before a notary public and recorded at length in the clerk’s office of the town i…

§ 342. Acknowledgment and recording required A deed of bargain and sale, a mortgage or other conveyance of land in fee simple or for term of life, or a lease for more than one year from the making thereof shall not be effectual to hold such lands against any person but the granto…

§ 343. Conveyance of wife’s real estate A husband and wife, by their joint deed, may convey the real estate of the wife as she might do by her separate deed if unmarried.

§ 344. Conveyances of joint interests when husband under disability The wife of a man under guardianship may join with the guardian in making partition of her real estate held in joint tenancy or in common and, with the guardian, may jointly make a release or other conveyance for…

§ 345. Conveyances of wife’s realty in which disabled husband has an interest When the guardian of a married man is licensed to sell the interests of the ward in any real estate of his wife, the wife may join with the guardian in the conveyance and convey her estate and interest …

§ 346. Conveyances by corporation A public or private corporation authorized to hold real estate may convey the same by an agent appointed by vote for that purpose.

§ 347. Validity of deeds executed under prior law Deeds of bargain and sale, mortgages or other conveyances of real estate, previously made and executed according to former laws and usages in this State, shall be valid and effectual. (Amended 2023, No. 6, § 324, eff. July 1, 2023…

§ 348. Instruments concerning real property validated (a) When an instrument of writing shall have been on record in the office of the clerk in the proper town for a period of 15 years, and there is a defect in the instrument because it omitted to state any consideration or was n…

§ 349. Conveyance to grantor and others (a)(1) Without an intervening conveyance, a person may convey interests in real estate directly: (A) to themselves in a different legal capacity; (B) to the person’s spouse; or (C) to themselves and one or more other persons, including the …

§ 350. Change in name or status of owner of real estate Any person or corporation owning real estate or having an interest in real estate whose name has been changed, and any corporation that has been merged into or consolidated with another, may file with the town clerk of the t…

§ 351. Estates and trusts; conveyances, satisfactions, grants, and releases (a) A conveyance or grant of an interest in real or personal property made to the estate of a decedent, to the estate of a ward, to the ward’s guardian, or to a trust, including a trust in the form of a p…

§ 371. Proving execution when grantor dies or leaves State When a grantor or lessor dies or leaves the State without acknowledging the grantor’s or lessor’s deed, the execution of the deed may be proved by the testimony of a subscribing witness before a Justice of the Supreme Cou…

§ 372. Proceedings when grantor refuses to acknowledge—summons When a grantor or lessor refuses to acknowledge the grantor’s or lessor’s deed, the grantee or lessee, or a person claiming under the grantee or lessee, may apply to a Superior Judge who shall issue a summons to the g…

§ 373. Notice When the summons is served by leaving a copy at the usual place of abode of the grantor or lessor, and it does not appear that actual notice was given, the judge shall continue the hearing from time to time, not exceeding 90 days, and direct that actual notice be gi…

§ 374. Hearing and certificate When it appears from the officer’s return that a copy of such summons was delivered to the grantor or lessor, the judge may take evidence of one or more of the subscribing witnesses to the execution of such deed, at the time designated for hearing o…

§ 375. Witnesses dead or out of State When a grantor or lessor refuses to acknowledge his or her deed and the subscribing witnesses to the same are dead or out of the State, it may be proved before the Supreme or any Superior Court by proving the handwriting of the grantor or les…

§ 378. Effect of recording unacknowledged deed A person interested in a deed or lease not acknowledged may cause the deed or lease to be recorded without acknowledgment before or during the application to the court or the proceedings before any of the authorities named in section…

§ 380. Disclosure of information; conveyance of real estate (a) Prior to or as part of a contract for the conveyance of real property, the seller shall provide the buyer with the following information: (1) [Repealed.] (2) [Repealed.] (3) a physical or electronic copy or a digital…

§ 401. Index of deeds by county clerk; penalty (a) The county clerk shall keep for public use a general index of the record of deeds and other transfers of land recorded in his or her office, similar to those required to be kept by town clerks, but this section shall not apply to…

§ 402. Record in county clerk’s office A purchaser of lands, in addition to the record in the town clerk’s office, may cause his or her deed or other conveyance with the certificate of its record in the town clerk’s office to be recorded by the county clerk of the county in which…

§ 403. Records when lands lie in unorganized place Deeds and conveyances of lands in an unorganized town, gore, or grant shall be recorded by the clerk of the county in which such lands lie in a book to be kept by him or her for that purpose, which shall be a sufficient record th…

§ 404. Lost instruments affecting property titles; copy recorded in another town When an instrument in writing affecting the title to real estate in more than one town is lost, destroyed, or defaced, if such instrument has been recorded in any town, upon complaint and proof, the …

§ 405. Vendor to record title on request When a person sells and conveys lands, or an estate or interest in land, the person shall cause the person’s title deed to be recorded in the land records office within six months after request made in writing by a subsequent purchaser of …

§ 406. Proceedings upon vendor’s refusal When such person, after being so requested and after the expiration of said six months, has not procured the person’s deed to be recorded, a judge, on the complaint of the party whose right or title is liable to be affected by such neglect…

§ 407. Commitment of vendor for refusal When such person does not show sufficient cause for omitting to procure his or her deed to be recorded, the judge shall sentence him or her to jail, there to remain until he or she procures it to be recorded and pays the costs of the compla…

§ 408. Recording subordination of liens An agreement for the subordination of a prior lien or other encumbrance on real property shall be recorded in the land records of the town in which the property is situated, and a reference to the record of the subordination agreement shall…

§ 409. Record of assignment by landlord An assignment of or any agreement affecting the rights or interest of a landlord or owner of real property occupied by a tenant or sharecropper shall be recorded in the land records of the town in which the property is situated. If not so r…

§ 410. Lien priorities (a) Definitions. For purposes of this section, the following definitions shall apply: (1) “Debtor” means a person who owes payment or other performance of an obligation secured, but if the debtor and the owner of real estate are not the same person, the ter…

§ 441. Manner of mortgaging machinery Machinery attached to or used in a shop, mill, quarry, mine, printing office, or factory may be mortgaged by deed executed, acknowledged and recorded as deeds of real estate. Such mortgages may be assigned, discharged, or foreclosed as mortga…

§ 442. Attachment and sale of machinery mortgaged with real estate If machinery is mortgaged with real estate, the equity of redemption in such machinery and real estate may be attached and sold on execution as real estate is sold.

§ 461. By entry on record Mortgages may be discharged by an entry on the margin of the record thereof in the record of deeds, acknowledging satisfaction of the mortgage, signed by the mortgagee or by his or her executor, administrator, assignee, attorney at law, or attorney actin…

§ 462. By acknowledgment of payment Mortgages may also be discharged by the mortgagee or by his or her executor, administrator, assignee, attorney at law, or attorney acting under a duly executed and recorded power of attorney, acknowledging payment thereof by an entry on the mor…

§ 463. By separate instrument (a) Mortgages may be discharged by an acknowledgment of satisfaction, executed by the mortgagee or his or her attorney, executor, administrator, or assigns, which shall be substantially in the following form: I hereby certify that the following descr…

§ 464. Liability of mortgagee for failure to provide payoff statements and refusal to discharge (a) Within five business days after the mortgagee’s receipt of a written request for a statement of the amount of funds or other obligations required to satisfy a note or other obligat…

§ 464a. Discharge by licensed attorney (a) A recorded mortgage may be discharged by an attorney-at-law licensed to practice in this State if: (1) the mortgagee, after receipt of payment of the mortgage in accordance with the payoff statement furnished to the mortgagor by the mort…

§ 465. When mortgagee dead When it appears from the record of a mortgage on real estate that the mortgage is undischarged, and the mortgagee, or the person to whom the mortgage is assigned, is deceased, the owner of the real estate may make written application to the Probate Divi…

§ 466. Notice to parties The application provided in section 465 of this title shall state the names and addresses of all parties in interest, so far as they are known to the applicant, and the Probate Division of the Superior Court shall order such notice by registered mail, pub…

§ 467. When death of mortgagee not established In case the death of a mortgagee or assignee is not established, and the court would have jurisdiction to proceed under 14 V.S.A. §§ 2305 and 2306, the court, upon like petition, hearing, and proof, may appoint a trustee to discharge…

§ 468. Manner of Discharge by Trustee or Administrator The mortgage may be discharged by the administrator or trustee in the manner provided by law for the discharge of a mortgage by a mortgagee. The discharge shall have the same effect as though made by the mortgagee or assignee…

§ 469. Mortgagee corporation whose charter has expired When it appears from the record of a mortgage on real estate that the mortgage is undischarged, and the mortgagee, or the assignee of the mortgage, is a private corporation whose charter has expired by its own limitation, or …

§ 470. Validation of mortgage discharge on one- to four-family residential property (a) Subject to the provisions of subsection (b) of this section, a mortgage discharge executed on behalf of a banking or lending institution with respect to a mortgage encumbering a one- to four-f…