Title 27, Title 27: Property

§ 652. Application of chapter This chapter applies to deeds in which a grantor reserves a common law life estate interest in real property while expressly reserving rights such that the deed creates a contingent remainder interest in the grantee. (Added 2019, No. 145 (Adj. Sess.)…

§ 653. Definitions In this chapter, unless a deed indicates an intention to the contrary: (1) “Convey” means to grant, sell, gift, lease, transfer, or encumber real property, with or without consideration, including the ability to revise or revoke a deed. (2) “Enhanced life estat…

§ 654. Execution and recording of an enhanced life estate deed (a) Subject to the rights expressly reserved in the deed, a validly executed and recorded ELE deed does not: (1) affect the ownership rights of the grantor or the grantor’s creditors; (2) transfer or convey any presen…

§ 655. Acceptance or consideration not required; conveyance not permitted (a) An enhanced life estate deed is effective without: (1) acceptance by the designated grantee during the grantor’s life; or (2) consideration. (b) A grantee named in an ELE deed shall not convey the grant…

§ 656. Revocation; revision; mortgages (a) A grantor may revoke or revise an ELE deed. (b) Joinder by, consent to, agreement of, or notice to the grantee of an ELE deed shall not be required for revocation or revision. (c) The granting of a mortgage shall not operate to revoke or…

§ 657. Execution by guardian; use of power of attorney (a) With the approval of the Probate Division, a guardian may convey the real property of a person under guardianship by an ELE deed. (b) An ELE deed may be executed by an agent under a power of attorney if the power of attor…

§ 658. Death of grantee prior to death of grantor Unless the ELE deed provides otherwise: (1) If an ELE deed conveys title to a single grantee and the grantee predeceases the grantor, upon the death of the grantor, title to the property vests in the heirs of an intestate grantee …

§ 659. Previously executed and recorded enhanced life estate deeds Nothing in this chapter shall be construed to affect the validity of an enhanced life estate deed, a “Life Estate Deed with Reserved Powers,” a “Lady Bird Deed,” a “Medicaid Deed,” an “Italian Deed,” or similar de…

§ 660. Optional form for enhanced life estate deed The following form may be used to create an enhanced life estate deed: ENHANCED LIFE ESTATE DEED (Vermont statutory form deed) KNOW ALL PERSONS BY THESE PRESENTS, that I/We, ________ and ________ of ________ , in the County of __…

§ 701. Corporate powers The worshipful master, senior warden, and junior warden of a lodge of ancient, free, and accepted masons, and the trustees of fraternal, religious, or charitable organizations, elected according to the constitution and bylaws of such lodge or organization,…

§ 702. Mortgage or conveyance of property Such master and wardens and such trustees, if authorized by a majority vote of the members of such lodge or organization present and voting at an annual, regular, or special communication or meeting thereof, subject to the constitution an…

§ 703. Estate or interest not vested in person in office or successor A grant, conveyance, devise, or lease of real or personal estate to, or a trust of such real or personal estate for the benefit of, a person or the person’s successors in an ecclesiastical office shall not vest…

§ 704. No interest vests unless grantee is a corporation A grant, conveyance, devise, or lease of real estate for the purpose of religious worship for the use of a congregation or society shall not vest a right, title or interest in a person to whom such grant, conveyance, devise…

§ 705. Disposition upon death of noncorporate grantee Real estate heretofore granted, devised, or demised, for the purpose mentioned in section 704 of this title, to a person in an ecclesiastical office or orders shall be deemed to be held in trust for the benefit of the congrega…

§ 706. Reconveyance by Governor When title to such real estate vests in the State, it shall be under the charge of the Governor. Upon the Governor being satisfied that the congregation or society has become a corporation according to law, the Governor shall grant and convey the r…

§ 741. Insurance required When funds of a charitable or eleemosynary institution are invested in a mortgage on real estate, the buildings included shall be insured by the mortgagor in such company duly authorized to transact business in this state as the trustees, directors, or b…

§ 742. Payment of insurance expenses The necessary expenses of such procurement or renewal shall be paid by the mortgagor to such charitable or eleemosynary institution, and shall be a lien upon the property so mortgaged, recoverable with interest annually at the same rate as the…

§ 781. Property to vest in Vermont Baptist State Convention All property of any kind belonging to or held in trust for any Baptist church, Baptist church and society, or Baptist society, hereafter referred to as the Baptist church in this subchapter, organized under the laws of t…

§ 782. When property vests; how held A Baptist church of this State, affiliated with the Vermont Baptist State Convention aforesaid, which has ceased or failed to maintain religious worship or services, or to use the property for religious worship or services, for two consecutive…

§ 783. Procedure for transferring property An application for such an order and disposition of property may be made by any member of the Vermont Baptist State Convention when duly authorized by the board of trustees or the executive committee of the board of trustees of the Vermo…

§ 784. Construction with other laws In case of conflict between the provisions of sections 781-783 of this title and special acts of the General Assembly relating to the Vermont Baptist State Convention, the provisions of such sections shall control.

§ 785. Application to nonaffiliated church The provisions of sections 781-784 of this title shall apply to any Free Will Baptist church or society not affiliated with the Vermont Baptist State Convention. However, the Superior Court shall not make any order of transfer under sect…

§ 861. Powers of trustees to hold realty The trustees of the several circuits and stations of the United Methodist Church and their successors in office shall have corporate powers, with perpetuity, for the purpose of taking and holding real or personal estate to support religiou…

§ 862. Powers of trustees to convey Such trustees and their successors in office may convey such real estate, if authorized by a majority vote of the members of a quarterly conference in the circuit or station where such estate is situated, and, by vote duly recorded, may authori…

§ 863. Powers as to campgrounds Such trustees and their successors in office may erect within their respective circuits, upon grounds used for camp meetings under the usages of such church, boarding tents for such persons as attend and furnish board and lodging during such meetin…

§ 864. Property of extinct circuits or stations All property of any kind belonging to or held in trust by any circuit or station of the United Methodist Church within the bounds of the Troy Annual Conference of the United Methodist church in the State of Vermont which by order of…

§ 865. Complaint to dissolve circuit or station The trustees of the Troy Annual Conference of the United Methodist Church or any member of the board of trustees, when duly authorized by a vote of the board, may apply by complaint to the Superior Court within the county where the …

§ 866. Recording decrees affecting realty When any property affected by a decree of the Superior Court as provided for in section 865 of this title is real estate, a copy of such decree duly certified by the clerk of such court shall be recorded in the land records of the town wh…

§ 901. Taking title to land The rector, wardens, and members of the vestrymen of a parish of the Protestant Episcopal Church and their successors in office, elected according to the canons and usages of such church, shall have corporate powers with perpetuity for the purpose of t…

§ 902. Conveyance of property Such rector, wardens, and members of the vestry may by majority vote give, sell, and convey real or personal estate belonging to the parish when empowered to do so by a majority vote at an annual meeting of the parish or one called for that purpose, …

§ 903. Rights of parish conveying property A parish making such a conveyance to the Trustees of the Diocese of Vermont shall have no right or authority to charge the real or personal estate with any debts of the parish incurred subsequent to the making of the conveyance. Real and…

§ 904. Transfer of property of extinct parishes and missions All property of any kind belonging to or held in trust for a parish or mission of the Protestant Episcopal Church, which, under the canons and usages of the Protestant Episcopal Diocese of Vermont, ceases to exist as a …

§ 905. Procedure for transferring property Upon presentation to the Superior Court of the county in which said property is situated of a complaint signed by the Bishop of the Protestant Episcopal Diocese of Vermont requesting an order transferring the title to property of any kin…

§ 941. Transfer of property of extinct churches All property of any kind belonging to or held in trust for any Universalist church and society or Universalist society, hereafter referred to as the Universalist church in this subchapter, organized under the laws of this state, whi…

§ 942. Transferred property held in trust Any Universalist church of this State affiliated with the Vermont and Quebec Universalist Unitarian Convention, which has ceased or failed to maintain religious worship or services, or to use the property for religious worship or services…

§ 943. Manner of effecting transfer Any application for such an order and disposition of property may be made by any member of the Vermont and Quebec Universalist Unitarian Convention when duly authorized by the board of trustees or the executive committee of the board of trustee…

§ 944. Construction with other laws In case of conflict between the provisions of this subchapter and special acts of the General Assembly relating to the Vermont and Quebec Universalist Unitarian Convention, the provisions of this subchapter shall control.

§ 1002. Control of wharves Wharves, storehouses, or breakwaters erected agreeably to the provisions of grants previously made or of this chapter may be exclusively used and controlled by the persons erecting them, their heirs, or their assigns. (Amended 2023, No. 6, § 355, eff. J…

§ 1003. Title to railroad property confirmed When a railroad company in this State has constructed its railroad beyond low-water mark into Lake Champlain or has built into it a wharf, dock, pier, or other structure in connection with the railroad for its accommodation or use whic…

§ 1101. Finder to give notice A person who finds money or goods, to the value of $3.00 or more, or takes up a stray beast, the owner of which is not known, shall, within six days thereafter, make two notices, describing such money, goods, or beast, with the natural or artificial …

§ 1102. Penalty for destroying notices A person who willfully takes down or destroys such a notice within 60 days from the time of posting the same shall be fined $7.00, unless the owner has appeared and claimed such property.

§ 1103. Publication of notice in newspaper If the value of such property exceeds $10.00, the person finding it shall immediately cause a copy of the notice to be published three weeks successively in some newspaper circulating in such town.

§ 1104. Recording copy of notice If the owner of such property does not appear and claim it within 20 days from the date of such notice, the person so finding it shall cause a copy of the notice to be recorded in the office of the clerk of such town.

§ 1105. Sale of property; disposition of proceeds If the owner of the property does not appear and prove his title within 90 days from the time of posting the first notice, the person finding the property may sell it at public auction. The avails of the sale, after paying the exp…

§ 1106. Accounting for proceeds The account of the expenses shall be examined and allowed by a district judge of the county, and deposited with such treasurer, at the time of paying the avails of the sale. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. …

§ 1107. Owner may have property before sale If, previous to the sale, the owner appears and proves his or her title to the property, he or she shall be entitled to the same on paying the expenses of keeping, and of the proceedings required by this chapter.