Title 27, Title 27: Property

§ 1356. Leaseholder conversion period (a) Each leaseholder shall have a conversion period of six months from the date of notice of conversion to elect to become either a purchasing or a nonpurchasing leaseholder. (b) During the conversion period, the declarant shall offer to conv…

§ 1357. Protection of purchasing leaseholders (a) Express warranties of quality. (1) Express warranties made by a declarant to a purchasing leaseholder of a site, if relied upon by the purchasing leaseholder, are created as follows: (A) Any affirmation of fact or promise that rel…

§ 1358. Protection of nonpurchasing leaseholders (a) A nonpurchasing leaseholder shall have the right to continue the leasehold interest in the site on which the leaseholder’s mobile home is located. (b) A declarant or site purchaser shall not accept an offer for a site without p…

§ 1359. Protection of tenants (a) Within 30 days after the notice of conversion, a leaseholder must notify any tenants in possession of the leased site of the intended conversion. The notice shall be delivered by certified mail to the tenant. The notice of conversion shall contai…

§ 1360. Stabilization of lot rent (a) As soon as a declarant gives notice of intent to convert as provided by section 1353 of this subchapter, the lot rents of all leaseholders in the park shall be reduced to the level in effect three months prior to the notice of intent to conve…

§ 1361. Enforcement (a) A rent increase greater than that provided for by section 1360 of this subchapter is unenforceable to the extent the increase exceeds that provided for in that section. (b) A declarant or site purchaser shall not commence eviction proceedings against a lea…

§ 1362. Waiver prohibited No lease or rental agreement, oral or written, shall contain any provision by which the tenant or leaseholder prospectively waives any of his or her rights under this subchapter. Any such waiver shall be deemed contrary to public policy and shall be unen…

§ 1363. Circumvention of this subchapter A declarant shall not attempt to circumvent the provisions of this subchapter; nor shall any person willfully cause a tenant or leaseholder to vacate a dwelling unit or to be evicted from the site without good cause before issuance of the …

§ 1364. Protection against harassment (a) No park owner or site owner may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to a resident, except for temporary interruptions for emergency repairs. (b) No park owner or s…

§ 1365. Violations A violation of this subchapter is deemed to be a violation of 9 V.S.A. § 2453, and is subject to all rights, obligations, and penalties provided under 9 V.S.A. chapter 63. (Added 1993, No. 97, § 1.)

§ 1401. Acceptance of survey plats; definition (a) Each town clerk shall accept survey plats for filing and maintain files and indices to files of survey plats in accordance with this chapter. (b) As used in this chapter: (1) “Survey plat” means a map or plan drawn to scale of on…

§ 1403. Composition of survey plats (a) Plats filed in accordance with this chapter shall be on sheets 11 inches by 17 inches or 18 inches by 24 inches in size or 24 inches by 36 inches if the town or city has appropriate storage facilities as determined by the town or city clerk…

§ 1404. Exemptions (a) Survey plats prepared and filed by municipal and State government agencies shall be exempt from subdivision 1403(b)(5) of this chapter. Each plat sheet filed under this exemption shall contain a title area in the lower right-hand corner of the sheet stating…

§ 1405. Applicability This chapter does not apply to layout plats of highways or other transportation facilities prepared by or for the agency of transportation, other than plats of individual parcels, before that agency issues a right-of-way clearance certificate for a transport…

§ 1406. Prohibition A town clerk shall not accept any survey plat for filing unless it is in compliance with the requirements of this chapter. (Added 1969, No. 235 (Adj. Sess.), § 3; amended 1991, No. 163 (Adj. Sess.), § 2.)

§ 1451. Short title This chapter may be cited as the Revised Uniform Unclaimed Property Act. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)

§ 1452. Definitions As used in this chapter: (1) “Administrator” means the Vermont State Treasurer. (2) “Administrator’s agent” means a person with whom the Administrator contracts to conduct an examination pursuant to subchapter 10 of this chapter on behalf of the Administrator.…

§ 1453. Inapplicability to foreign transaction This chapter does not apply to property held, due, and owing in a foreign country if the transaction out of which the property arose was a foreign transaction. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)

§ 1454. Rulemaking The Administrator may adopt rules pursuant to 3 V.S.A. chapter 25, to implement and administer this chapter. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)

§ 1461. When property presumed abandoned Subject to section 1469 of this title, the following property is presumed abandoned if it is unclaimed by the apparent owner during the period specified below: (1) a traveler’s check, 15 years after issuance; (2) a money order, seven years…

§ 1462. When tax-deferred retirement account presumed abandoned (a) Subject to section 1469 of this title, property held in a pension account or retirement account that qualifies for tax deferral under the income-tax laws of the United States is presumed abandoned if it is unclai…

§ 1463. When other tax-deferred account presumed abandoned Subject to section 1469 of this title and except for property described in section 1462 of this title and property held in a plan described in 26 U.S.C. § 529A, as may be amended, property held in an account or plan, incl…

§ 1464. When custodial account for minor presumed abandoned (a) Subject to section 1469 of this title, property held in an account established under a state’s Uniform Gifts to Minors Act or Uniform Transfers to Minors Act is presumed abandoned if it is unclaimed by or on behalf o…

§ 1465. When contents of safe-deposit box presumed abandoned Tangible property held in a safe-deposit box and proceeds from a sale of the property by the holder permitted by law of this State other than this chapter are presumed abandoned if the property remains unclaimed by the …

§ 1466. When stored-value card presumed abandoned (a) Subject to section 1469 of this title, the net card value of a stored-value card, other than a payroll card, is presumed abandoned on the latest of three years after: (1) December 31 of the year in which the card is issued or …

§ 1467. When security presumed abandoned (a) Subject to section 1469 of this title, a security is presumed abandoned three years after: (1) the date a second consecutive communication sent by the holder by first-class U.S. mail to the apparent owner is returned to the holder unde…

§ 1468. When related property presumed abandoned At and after the time property is presumed abandoned under this chapter, any other property right or interest accrued or accruing from the property and not previously presumed abandoned is also presumed abandoned. (Added 2019, No. …

§ 1469. Indication of apparent owner interest in property (a) The period after which property is presumed abandoned is measured from the later of: (1) the date the property is presumed abandoned under this subchapter; or (2) the latest indication of interest by the apparent owner…

§ 1470. Knowledge of death of insured or annuitant (a) As used in this section, “Death Master File” means the U.S. Social Security Administration Death Master File or other database or service that is at least as comprehensive as the U.S. Social Security Administration Death Mast…

§ 1471. Deposit account for proceeds of insurance policy or annuity contract If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check or draft-writing privileges for the beneficiary of the policy or contract and, …

§ 1472. Unclaimed life insurance benefits (a) As used in this section: (1) “Contract” means an annuity contract. The term “contract” shall not include an annuity used to fund an employment-based retirement plan or program where: (A) the insurer does not perform the record-keeping…

§ 1473. When abandonment period is accelerated Notwithstanding sections 1461 through 1469 of this title, and subject to section 1469 of this title: (1) If the holder has imposed a charge against property for reason of owner inactivity or the failure of the owner to claim the prop…

§ 1481. Address of apparent owner to establish priority In this subchapter, the following rules apply: (1) The last-known address of an apparent owner is any description, code, or other indication of the location of the apparent owner that identifies the state, even if the descri…

§ 1482. Address of apparent owner in this State The Administrator may take custody of property that is presumed abandoned, whether located in this State, another state, or a foreign country if: (1) the last-known address of the apparent owner in the records of the holder is in th…

§ 1483. If records show multiple addresses of apparent owner (a) Except as in subsection (b) of this section, if records of a holder reflect multiple addresses for an apparent owner and this State is the state of the most recently recorded address, this State may take custody of …

§ 1484. Holder domiciled in this State (a) Except as in subsection (b) of this section or section 1482 or 1483 of this title, the Administrator may take custody of property presumed abandoned, whether located in this State, another state, or a foreign country, if the holder is do…

§ 1485. Custody if transaction took place in this State Except as in section 1482, 1483, or 1484 of this title, the Administrator may take custody of property presumed abandoned whether located in this State or another state if: (1) the transaction out of which the property arose…

§ 1486. Traveler’s check, money order, or similar instrument The Administrator may take custody of sums payable on a traveler’s check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. §§ 2501 through 2503, as may be amended. (Added 2…

§ 1487. Burden of proof to establish Administrator’s right to custody If the Administrator asserts a right to custody of unclaimed property, the Administrator has the burden to prove: (1) the existence and amount of the property; (2) the property is presumed abandoned; and (3) th…

§ 1491. Report required by holder (a) A holder of property presumed abandoned and subject to the custody of the Administrator shall report in a record to the Administrator concerning the property. The Administrator may not require a holder to file a paper report. (b) A holder may…

§ 1492. Content of report (a) The report required under section 1491 of this title must: (1) be signed by or on behalf of the holder and verified as to its completeness and accuracy; (2) if filed electronically, be in a secure format approved by the Administrator that protects co…

§ 1493. When report to be filed (a) Except as otherwise provided in subsection (b) of this section and subject to subsection (c) of this section, the report under section 1491 of this title must be filed before May 1 of each year and cover the 12 months preceding January 1 of tha…

§ 1494. Retention of records by holder A holder required to file a report under section 1491 of this title shall retain records for 10 years after the later of the date the report was filed or the last date a timely report was due to be filed, unless a shorter period is provided …

§ 1495. Property reportable and payable or deliverable absent owner demand Property is reportable and payable or deliverable under this chapter even if the owner fails to make demand or present an instrument or document otherwise required to obtain payment. (Added 2019, No. 93 (A…

§ 1496. Electric utility cooperatives (a) Electric utility cooperatives organized under or otherwise subject to 30 V.S.A. chapter 81 shall report capital credits that have been retired and declared payable by the cooperative’s board of directors, but that have not been claimed by…

§ 1501. Notice to apparent owner by holder (a) Subject to subsection (b) of this section, the holder of property presumed abandoned shall send to the apparent owner notice by first-class U.S. mail that complies with section 1502 of this title in a format acceptable to the Adminis…