reglab/housing_qa huggingface dataset:
27 V.S.A. § 501
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 501. Reformation of interests violating rule against perpetuities

§ 501. Reformation of interests violating rule against perpetuities|Any interest in real or personal property which would violate the rule against perpetuities shall be reformed, within the limits of that rule, to approximate most closely the intention of the creator of the interest. In determining whether an interest would violate said rule and in reforming an interest the period of perpetuities shall be measured by actual rather than possible events.
27 V.S.A. § 502
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 502. Application of subchapter

§ 502. Application of subchapter|This subchapter shall apply only to inter vivos instruments and wills taking effect after the subchapter becomes operative and to appointments made after the subchapter becomes operative including appointments by inter vivos instrument or will under powers created before the subchapter becomes operative. This subchapter shall apply to both legal and equitable interests.
27 V.S.A. § 503
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 503. Effect on prior interests

§ 503. Effect on prior interests|This subchapter shall not be construed to invalidate or modify the terms of any interest which would have been valid prior to its enactment.
27 V.S.A. § 541
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 541. Deeds of lands held adversely

§ 541. Deeds of lands held adversely|Deeds, leases and other conveyances of lands, duly executed, acknowledged and recorded, shall have the effect to convey such title therein as the grantor or lessor may have, notwithstanding any actual possession thereof by any other person claiming the same.
27 V.S.A. § 542
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 542. Fraudulent deeds

§ 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, shall be void as against the person, his or her heirs or assigns, whose right, debt, or duty is so intended to be avoided.
27 V.S.A. § 543
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 543. Highways as encumbrances

§ 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 parties to such deed expressly refer to and covenant against such highway.
27 V.S.A. § 544
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 544. Energy devices based on renewable resources

§ 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 being installed on buildings erected on the lots or parcels covered by the deed restrictions, covenants, or binding agreements. A property owner may not be denied permission to install solar collectors or other energy devices based on renewable resources by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings. For purposes of this subsection, that entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south, provided that this determination does not impair the effective operation of the solar collectors.(b) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney's fees.(c) The legislative intent in enacting this section is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing measures which will have the ultimate effect, whether or not intended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments. (Added 2009, No. 45, § 15d, eff. May 27, 2009.)
27 V.S.A. § 545
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 545. Covenants, conditions, and restrictions of substantial public interest

§ 545. Covenants, conditions, and restrictions of substantial public interest|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) shall not be valid. This section shall not affect the enforceability of any property interest held in whole or in part by a qualified organization or State agency as defined in 10 V.S.A. § 6301a, including any restrictive easements, such as conservation easements and historic preservation rights and interests defined in 10 V.S.A. § 822. This section shall not affect the enforceability of any property interest that is restricted by a housing subsidy covenant as defined by section 610 of this title and held in whole or in part by an eligible applicant as defined in 10 V.S.A. § 303(4) or the Vermont Housing Finance Agency. (Added 2019, No. 179 (Adj. Sess.), § 4, eff. Oct. 12, 2020; amended 2021, No. 4, § 1, eff. Jan. 1, 2021.)
27 V.S.A. § 601
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 601. Requirements

§ 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 of title as are not extinguished or barred under this chapter, and such interests, limitations or encumbrances as are inherent in the provisions and limitations contained in the muniments of which the chain of record title is formed which have been recorded during the 40-year period.(b) For purposes of this section and sections 602 and 603 of this title, "person" shall mean and include any natural person, firm, partnership, corporation, association, executor, administrator, guardian, trustee, fiduciary, or any other legal entity, excepting the state of Vermont, political subdivisions of the state, and the United States. (Added 1969, No. 235 (Adj. Sess.), § 2.)
27 V.S.A. § 602
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 602. Unbroken chain; conditions and suspension

§ 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 executed and recorded according to law, which purports to create such interest in such person with nothing appearing of record during the 40-year period purporting to divest the person of the purported interest; or (2) A conveyance not less than 40 years in the past, executed and recorded according to law, which purports to create such interest in some other person and other conveyances or events of record by which the purported interest has become vested in the person first referred to, with nothing appearing of record during the 40-year period purporting to divest the person first referred to of such interest.   (b) No absence, incapacity, disability, or lack of knowledge of any kind on the part of any person shall suspend the running of the 40-year period.(c) For purposes of this section, "conveyance" means any deed, lease, decree, or other written instrument proper on its face to transfer title to an interest in real estate under the laws of this state, and also includes the transfer of an interest in real estate by inheritance or descent occasioned by death. (Added 1969, No. 235 (Adj. Sess.), § 2; amended 1971, No. 14, § 16, eff. March 11, 1971.)
27 V.S.A. § 603
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 603. Successors in interest; notices of claims, filing for record

§ 603. Successors in interest; notices of claims, 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 existence of which depends in whole or in part upon any act, transaction, event or omission that occurred prior to such 40-year period, whether or not the instrument purporting to create such interest, lien, claim, or charge was properly executed so as to validly create the interest, lien, claim, or charge, and all such interests, liens, claims, and charges are declared void and of no effect either at law or in equity, except that any such interest, lien, claim or charge may be preserved from the effect of this chapter if the holder of the interest files for record within the 40-year period, a notice in writing, duly verified by oath, setting forth the nature of the claim as provided in section 605 of this title. (Added 1969, No. 235 (Adj. Sess.), § 2.)
27 V.S.A. § 604
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 604. Failure to file notice

§ 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 possession on the expiration of any lease or any lessee or the successor to his or her rights in and to any lease; (2) any interest of a mortgagee, or interest in the nature of a mortgagee's interest, until after the obligation secured by the mortgage has become due and payable; (3) any interest of a mortgagee, or interest in the nature of a mortgagee's interest, when the instrument creating the interest contains no due date for the obligation secured thereby; (4) any interest held by adverse possession not evidenced by a recorded instrument; (5) any remainder interest, reverter or reversionary interest or interest arising upon a condition, except an interest arising upon a condition as to the distance between a structure on real estate and a public highway or other property of a municipality; (6) any easement or interest in the nature of an easement, the easement, the existence of which is clearly observable by physical evidences of its use; (7) any easement or interest in the nature of an easement, or any rights appurtenant thereto granted, excepted, or reserved by a recorded instrument creating such easement or interest; or (8) any conservation rights or interests or preservation rights or interests created pursuant to 10 V.S.A. chapters 34 and 155.   (b) This subchapter shall not affect any right, title, or interest in real estate owned or held by the United States, the State of Vermont, or any political subdivision of the State. (Added 1969, No. 235 (Adj. Sess.), § 2; amended 1977, No. 221 (Adj. Sess.), § 2, eff. April 12, 1978; 1985, No. 259 (Adj. Sess.), § 1; 2011, No. 118 (Adj. Sess.), § 6; 2015, No. 84 (Adj. Sess.), § 3.)
27 V.S.A. § 605
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 605. Contents of notice of claim; recording

§ 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 in the office where a deed of the land is required to be recorded, and shall be indexed in the general index for deeds under the claimant's name as grantee and under the name of the current record owner of the land as grantor.(b) The notice provided for in this section and section 603 of this title may be filed by a claimant or any person acting on behalf of a claimant if such claimant is:  (1) Under a disability; (2) Unable to assert a claim on his or her own behalf; or (3) One of a class whose identity is uncertain.   (c) When a notice is filed for record under this section, it shall remain effective for a period of 40 years from the date of filing. (Added 1969, No. 235 (Adj. Sess.), § 2; amended 1971, No. 14, § 17, eff. March 11, 1971; 1993, No. 68, § 8.)
27 V.S.A. § 606
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 606. Limitation of actions

§ 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 or of the failure to record instruments affecting real estate. (Added 1969, No. 235 (Adj. Sess.), § 2; amended 1971, No. 14, § 18, eff. March 11, 1971.)
27 V.S.A. § 607
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 607. Time-shares; right to cancel

§ 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 units during separated time periods coupled with a freehold estate or an estate for years in a time-share property or a specified portion thereof. A "time-share license" means a right to occupy a unit or any of several units including renewal options, not coupled with a freehold estate or an estate for years.(b) A purchaser of a time-share shall have a right to cancel a contract of sale for five days after executing the contract. This right to cancel may not be waived.(c) If a purchaser elects to cancel a contract pursuant to subsection (b) of this section, he or she may do so by written notice hand-delivered to the seller or mailed to the developer or to his or her agent for service of process. If mailed, written notice shall be by certified mail and shall be dated on or before the fifth day. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded within 15 days after receipt of the notice of cancellation.(d) A contract for the sale of a time-share shall include in a size equal to at least 10-point bold type the language set forth in subsections (b) and (c) of this section. A contract violating this subsection shall be unenforceable. (Added 1983, No. 103 (Adj. Sess.), eff. April 1, 1984.)
27 V.S.A. § 609
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 609. Conveyance of standing timber

§ 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 1985, No. 259 (Adj. Sess.), § 2.)
27 V.S.A. § 610
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 610. Housing subsidy covenants; enforceability

§ 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 moderate income persons. A housing subsidy covenant may be created during ownership or at the time of conveyance by the owner of real property as a condition of:  (1) an allocation of "low income housing tax credits" pursuant to regulations of the agency of commerce and community development; (2) a grant, loan or contract made by an agency, instrumentality or political subdivision of this state; (3) a grant, loan, or contract made by a nonprofit corporation; (4) a subsidized loan from any lending institution that makes loans for residential housing; or (5) a subsidized private transaction.   (b) Restrictions. A housing subsidy covenant may include without limitation restrictions on the use of real property, restrictions on resale price, restrictions on tenant income and rents and restrictions on the income of a purchaser of housing or a housing unit for his or her own residence.(c) Requirements. A housing subsidy covenant shall be set forth in a separate and distinct document and executed, acknowledged and recorded in the manner provided by law for the execution, acknowledgment and recording of deeds.(d) Duration. A housing subsidy covenant may be perpetual or may be limited to a period of time specified in the document and may be amended or terminated by written agreement of the owner of the land and all persons or entities holding the right to enforce the covenant. Any amendment or termination shall be executed, acknowledged and recorded as provided in this section.(e) Enforceability. A covenant that complies with this section shall run with the land and shall be enforceable according to its terms. The covenant may include provisions for monitoring and enforcing compliance. The covenant may be enforced by the person or entity that provided the subsidy of which creation of the covenant was a condition, or by any agency, instrumentality or political subdivision of the state or nonprofit corporation organized for the purpose of promoting affordable housing to whom the right of enforcement has been assigned. (Added 1989, No. 91, § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a).)
27 V.S.A. § 611
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 611. Remediation certificates

§ 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 permit required under the provisions of 18 V.S.A. chapter 23. (Added 1993, No. 187 (Adj. Sess.), § 4, eff. Sept. 1, 1994.)
27 V.S.A. § 612
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 612. Municipal permits

§ 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 with the terms or conditions of any required municipal land use permit as defined in 24 V.S.A. § 4303(11).(b) A purchaser shall have the right to terminate a binding contract for the sale of real estate if, prior to closing, the purchaser determines and gives written notice to the seller that land development has occurred on the real estate without a required municipal land use permit or in violation of an existing municipal land use permit. Following the receipt of written notice, the seller shall have 30 days, unless the parties agree to a shorter or longer period, either to obtain the required municipal land use permits or to comply with existing municipal land use permits. If the seller does not obtain the required municipal land use permits or comply with existing municipal land use permits, the purchaser may terminate the contract if, as an owner or occupant of the real estate, the purchaser may be subject to an enforcement action under 24 V.S.A. § 4454. (Added 1997, No. 125 (Adj. Sess.), § 5, eff. April 27, 1998; amended 1999, No. 46, § 8, eff. May 26, 1999; 2009, No. 93 (Adj. Sess.), § 4; 2011, No. 102 (Adj. Sess.), § 5, eff. May 5, 2012.)
27 V.S.A. § 614
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 614. Transfer of stormwater discharge permits to a municipality

§ 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 residential subdivision or affect marketability of title of real property within the residential subdivision, provided that:  (1) The residential subdivision transfers a pretransition stormwater permit to a municipality according to the requirements of 10 V.S.A. § 1264(i); (2) Property owners within the residential subdivision record in the land records:  (A) The deed or other legal document of conveyance of the stormwater system to the utility; and (B) A notice indicating that the stormwater utility has assumed responsibility for the permitting of the stormwater system located in the residential subdivision.    (b) The definitions found in 10 V.S.A. § 1264 and subsection 613(a) of this title apply to this section unless otherwise indicated. For the purposes of this section, "residential subdivision" means land identified and demarcated by recorded plat or other device that a municipality has authorized to be used primarily for residential construction. (Added 2007, No. 130 (Adj. Sess.), § 6, eff. May 12, 2008.)
27 V.S.A. § 615
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 615. Wetland permit

§ 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.)
27 V.S.A. § 616
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 616. Groundwater source testing; disclosure of informational material

§ 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 served by a public water system, as that term is defined in 10 V.S.A. § 1671(5), executed on or after January 1, 2013, the seller shall, within 72 hours of the execution, provide the buyer with informational materials developed by the  department  of health regarding:  (1) the potential health effects of the consumption of contaminated groundwater; and (2) the availability of test kits provided by the department of health.   (b) Marketability of title. Noncompliance with the requirements of this section shall not affect the marketability of title of a property.(c) Penalty; liability. Liability for failure to provide the informational materials required by this section shall be limited to a civil penalty, imposed by the department of health under 18 V.S.A. chapter 3, of no less than $25.00 and no more than $250.00 for each violation. (Added 2011, No. 163 (Adj. Sess.), § 4, eff. Jan. 1, 2013.)
27 V.S.A. § 651
2021 Vermont Statutes|Title 27 - Property|Chapter 6 - Enhanced Life Estate Deeds|§ 651. Short title

§ 651. Short title|This chapter shall be known as the "Enhanced Life Estate Deed Act" or the "ELED Act". (Added 2019, No. 145 (Adj. Sess.), § 1, eff. July 13, 2020.)
27 V.S.A. § 652
2021 Vermont Statutes|Title 27 - Property|Chapter 6 - Enhanced Life Estate Deeds|§ 652. Application of chapter

§ 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.), § 1, eff. July 13, 2020.)