reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 106. Forfeiture and sale

§ 106. Forfeiture and sale
(a) When there are minor children living, an executor or administrator may make application to the Probate Division of the Superior Court to sell such homestead, such application stating the facts on which it is based, where:
(1) the widow or surviving husband was not living with the deceased husband or wife at the time of the death of the other and had not resided at the homestead for two years immediately prior to such death through the fault of such widow or surviving husband; or
(2) such widow or surviving husband has left the homestead and his or her residence cannot be ascertained after diligent inquiry by the executor or administrator of the deceased spouse.
(b) After personal notice where possible or after order of publication thereon complied with, the Probate Division of the Superior Court may grant a license to the executor or administrator to sell the homestead if upon hearing it finds that such widow or surviving husband resided away from the homestead through his or her own fault or with the intention to abandon the minor children of the deceased. If the Probate Division of the Superior Court shall embody in such license a clause to such effect, such widow or surviving husband shall lose all right in and to such homestead. The net proceeds of such sale shall be assigned by the Probate Division of the Superior Court to such minor children for their use and benefit. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 107. Liability of homestead for debts

§ 107. Liability of homestead for debts
Such homestead shall be subject to attachment and levy of execution upon causes of action existing at the time of acquiring the homestead, except as otherwise provided in this chapter. For that purpose, such time shall be the date of the filing of the deed of such homestead in the proper office for the record of deeds.
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 109. Acquisition of new homestead

§ 109. Acquisition of new homestead
When a person acquires a new homestead, the prior homestead shall be liable for his or her debts and may be conveyed by him or her like other real estate. Such new homestead shall not be liable for causes of action against him or her to which such prior homestead would not have been liable, if such new homestead is acquired with the consideration derived from the sale or other disposition of such prior homestead, or with other means not derived from the property of such person.
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 141. Execution and acknowledgment of conveyance

§ 141. Execution and acknowledgment of conveyance
(a) A homestead or an interest therein shall not be conveyed by the owner thereof, if married, except by way of mortgage for the purchase money thereof given at the time of such purchase, unless the wife or husband joins in the execution and acknowledgment of such conveyance. A conveyance thereof, or of an interest therein, not so made and acknowledged, shall be inoperative so far only as relates to the homestead provided for in this chapter.
(b) When a mortgagee takes an accruing mortgage, the only debt which shall be secured thereby or become a lien upon the property described therein shall be the debt described in the mortgage and existing at the time of its execution and any subsequent direct indebtedness of the mortgagor to such mortgagee; provided, that when the mortgage includes a homestead, the written consent of the wife or husband of the mortgagor to the creation of such subsequent direct indebtedness shall be required.
(c) If a mortgaged property includes a homestead, any amendment to the mortgage which increases the amount of the indebtedness secured thereby or extends the date of maturity thereof shall be executed and acknowledged by both spouses. The failure to obtain the written spousal consent shall not affect the validity or priority of such amendment, but the lien created thereby shall be inoperative so far only as relates to the rights of homestead of such spouse in the mortgaged premises under chapter 3 of this title, provided the amendment is challenged by such spouse before his or her homestead interest is otherwise extinguished.
(d) Notwithstanding anything to the contrary in this section, a spouse or civil union partner may convey his or her respective homestead interest to the other spouse or civil union partner prior to the time the homestead right vests, thereby divesting the grantor of any homestead interest in the property. A conveyance of homestead property between spouses or civil union partners shall be deemed to include a conveyance of any homestead interest. This section shall apply retroactively, except that it shall not affect a suit begun or pending as of July 1, 2008. (Amended 1999, No. 153 (Adj. Sess.), § 31, eff. May 24, 2000; 2007, No. 177 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 142. Homesteader under guardianship

§ 142. Homesteader under guardianship
When the guardian of a married person is licensed to sell the real estate of his or her ward, the wife or husband of the ward may join with the guardian in the conveyance and release his or her right of homestead in the granted premises, as she or he might have done by a conveyance thereof made jointly with the husband or wife if he or she had not been under disability.
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 143. Spouse with a mental condition or psychiatric disability

§ 143. Spouse with a mental condition or psychiatric disability
(a) When the spouse of an owner of a homestead lacks capacity to protect the spouse’s homestead interest due to a mental condition or psychiatric disability and the owner desires to convey the homestead or an interest therein, the owner may petition the Probate Division of the Superior Court in the district in which the homestead is situated for a license to convey the same. Upon not less than 14 days’ notice of the petition to the kindred of the spouse who lacks capacity to protect the spouse’s interest due to a mental condition or psychiatric disability residing in the State, and to the selectboard members of the town in which the homestead is situated, which notice may be personal or by publication, the court may hear and determine the petition and may license the owner or convey the homestead, or an interest therein, by the owner’s sole deed. The license shall be recorded in the office where a deed of the homestead is required to be recorded and the sole deed shall have the same effect as if the spouse has the capacity to protect the spouse’s interests and had joined in the deed.
(b) On granting such license, the court may make such special order as to the investment or disposition of the funds as the nature of the case requires.
(c) On the hearing of such petition for license, any of such kindred or the selectboard may appear and be heard in the premises and may appeal as provided for other appeals from decrees of the Probate Division of the Superior Court. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 184(a); 2017, No. 11, § 54; 2023, No. 6, § 318, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 145. Effect of spouse joining in mortgage

§ 145. Effect of spouse joining in mortgage
If the homestead or lands included therein are mortgaged by the joint deed of husband and wife, the joining of the wife or husband in the mortgage shall have no other effect than to bar her or his claim to the homestead as against the mortgage. If the mortgage includes lands other than the homestead, and the owner thereof dies, the other lands shall be first sold by the executor or administrator and applied on the mortgage and the residue only shall rest on the homestead. When the Probate Division of the Superior Court orders the whole to be sold, the balance of the proceeds after the payment of the mortgage not exceeding $125,000.00 shall be under the control of the court as in case of the sale of a homestead under this chapter. (Amended 1967, No. 287 (Adj. Sess.), § 3; 1995, No. 186 (Adj. Sess.), § 24c, eff. Jan. 1, 1997; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 194 (Adj. Sess.), § 9, eff. June 17, 2014.)
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 181. Appraisal and severance of homestead

§ 181. Appraisal and severance of homestead
When, in a case not otherwise provided for in this chapter, it is necessary in a proceeding to sever or set out a homestead from other real estate, the court in which such proceedings are pending may appoint three commissioners to appraise and set out such homestead who, after being sworn, shall appraise and set out such homestead as provided for setting out homesteads in case of the levy of execution, and make report of their doings to such court. Such report shall be confirmed by the court unless cause is shown to the contrary, and a record thereof shall be made in the office where a deed of such homestead is required to be recorded, which shall operate as a severance of the homestead from the other real estate.
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 182. Application to Superior Court for relief

§ 182. Application to Superior Court for relief
When a dwelling house, outbuildings, and lands in which a homestead right exists exceed in value $125,000.00 and a severance of the homestead would greatly depreciate the value of the residue of the premises or be of great inconvenience to the parties interested either in the residue or in the homestead, either party may apply for relief to the Superior Court by a complaint setting forth the facts. (Amended 1967, No. 287 (Adj. Sess.), § 4; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1995, No. 186 (Adj. Sess.), § 24d, eff. Jan. 1, 1997; 2013, No. 194 (Adj. Sess.), § 10, eff. June 17, 2014.)
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 183. Transfer or sale in lieu of severance

§ 183. Transfer or sale in lieu of severance
When it appears upon hearing that the homestead cannot be occupied in severalty without great inconvenience to the parties interested therein or in the residue, the court may order the homestead to be transferred to such other parties and the payment of $125,000.00 to the owner thereof, or, at the option of the owner, the court may order the parties to transfer the residue to the owner and order the owner to pay such other parties the value of the homestead to be fixed by the court. If the case requires, the court may order a sale of the whole premises and apportion the proceeds between the parties, and the court may make such orders in the premises as are equitable. If the homestead is sold, the court may control the investment of the proceeds of the sale in a new homestead or make such disposition of the proceeds as equity requires. (Amended 1967, No. 287 (Adj. Sess.), § 5; 1995, No. 186 (Adj. Sess.), § 24e, eff. Jan. 1, 1997; 2013, No. 194 (Adj. Sess.), § 11, eff. June 17, 2014; 2023, No. 6, § 319, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 184. Beneficial sale without severance

§ 184. Beneficial sale without severance
When it appears to the Probate Division of the Superior Court that it would be beneficial to the widow or surviving husband of a deceased person, interested in the homestead, or when it appears that the severance of such homestead would greatly depreciate the value of the residue of the premises or would be of great inconvenience to the parties interested in such residue or in such homestead, on application of such widow or surviving husband or parties interested, the court may order the same to be sold as in case of the sale of real estate for the payment of debts. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 27 - Property › Chapter 3 - Estates of Homestead › § 185. Control of proceeds of sale

§ 185. Control of proceeds of sale
When a homestead is sold by the guardian of the husband or wife and the wife or husband joins in the conveyance, releasing her or his right of homestead or when it is sold under provisions of section 184 of this title, the Probate Division of the Superior Court may control the investment of the proceeds of the sale in a new homestead or may direct the payment of the proceeds to a trustee appointed by the court or to the wife or husband, as the case may be, under such regulations and restrictions as in the judgment of the court will be for the best interests of all concerned. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2023, No. 6, § 320, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 301. Manner of conveying

§ 301. Manner of conveying
Conveyance of land or of an estate or interest in land may be made by deed executed by a person duly authorized to convey it, or by the person’s attorney, and acknowledged and recorded as provided in this chapter. (Amended 2023, No. 6, § 321, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 302. Effect of oral conveyance

§ 302. Effect of oral conveyance
Estates or interests in lands, created or conveyed without an instrument in writing shall have the effect of estates at will only. An estate or interest in lands shall not be assigned, granted, or surrendered unless by operation of law or by a writing signed by the grantor or his or her attorney.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 304. Assignment of lease to be by deed

§ 304. Assignment of lease to be by deed
The assignment of a lease of lands, if the lease is for a longer term than one year, shall be by deed, signed, sealed, witnessed, acknowledged, and recorded as provided for deeds in this chapter. An assignment otherwise executed shall be void as against all persons but the assignor, his or her heirs, or his or her devisees.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 305. Conveyances effected through power of attorney

§ 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, witnessed by one or more witnesses, acknowledged, and recorded in the office where the deed is required to be recorded.
(b) Nothing in subsection (a) of this section shall limit the enforceability of a power of attorney that is executed in another state or jurisdiction in compliance with the law of that state or jurisdiction. This subsection shall apply retroactively, except that it shall not affect a suit begun or pending as of July 1, 2010. (Amended 1973, No. 211 (Adj. Sess.); 1995, No. 6, § 1, eff. March 15, 1995; 2009, No. 132 (Adj. Sess.), § 6, eff. May 29, 2010; 2023, No. 6, § 322, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 308. Mines and quarries

§ 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 purpose in the office where by law a deed of the real estate is required to be recorded. A grantee failing to comply with the foregoing provision shall forfeit to the town, or in case such a mine, quarry, or right of mining or quarrying is situated in an unorganized town or gore, to the county, $50.00, to be recovered in an action on this statute.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 309. Proration of taxes

§ 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 municipalities where the municipal tax and the school tax fiscal periods are July 1 to June 30, the seller shall bear the burden of real estate taxes allocable to the period beginning July 1 of that fiscal year and ending on the day before closing. The buyer shall bear the burden of real estate taxes allocable to the period beginning with the day of closing and ending on June 30.
(2) In municipalities where the municipal tax fiscal period is other than July 1 to June 30, the seller shall bear the burden of real estate taxes allocable to municipal taxes for the period beginning on the first day of the municipality’s fiscal year and ending on the day before closing. The seller shall also bear the burden for real estate taxes allocable to school taxes for the period beginning July 1 of that fiscal year and ending on the day before closing. The buyer shall bear the burden of real estate taxes allocable to both school and municipal taxes for the period beginning with the day of closing and ending with the last day of the respective fiscal year.
(b) This section shall not abridge or affect any other provision of 32 V.S.A. part 2 relating to assessment of property taxes. (Added 1971, No. 80, § 1, eff. April 16, 1971; amended 2001, No. 90 (Adj. Sess.), § 1, eff. May 1, 2002; 2003, No. 150 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 342. Acknowledgment and recording required

§ 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 grantor and his or her heirs, unless the deed or other conveyance is acknowledged and recorded. (Amended 2017, No. 160 (Adj. Sess.), § 3, eff. July 1, 2019.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 344. Conveyances of joint interests when husband under disability

§ 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 that purpose, as she might have done with her husband if he had not been under legal disability.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 345. Conveyances of wife’s realty in which disabled husband has an interest

§ 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 in the granted premises as she might have done with her husband if he had not been under legal disability, but this section shall not authorize the conveyance of the ward’s estate of homestead.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 347. Validity of deeds executed under prior law

§ 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.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 349. Conveyance to grantor and others

§ 349. Conveyance to grantor and others
(a) Without an intervening conveyance, a person may convey interests in real estate directly:
(1) to himself or herself in a different legal capacity; or
(2) to his or her spouse; or
(3) to himself or herself and one or more other persons, including his or her spouse. A person shall not convey an interest in a tenancy by the entirety or in homestead property to any person except his or her spouse, unless the spouse joins in the conveyance.
(b) A conveyance made pursuant to this section shall be effective to convey such title as would be conveyed by the deed if the grantor were not also a grantee. (Added 1977, No. 134 (Adj. Sess.); amended 1979, No. 160 (Adj. Sess.), § 1, eff. April 26, 1980.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 350. Change in name or status of owner of real estate

§ 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 town in which the real estate is located a certificate giving the names before and after the change, merger, or consolidation, and the town clerk shall record and index the certificate in the land records. (Added 1993, No. 174 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 351. Estates and trusts; conveyances, satisfactions, grants, and releases

§ 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 pension or profit-sharing plan, that names the estate, the guardian, or the trust as the grantee of the interest is a valid and effective conveyance or grant to the personal representative, to the ward, or to the trustee of the trust, in like manner and effect as if the ward, or the personal representative or trustee in his or her fiduciary capacity, had been named the grantee of the conveyance or grant.
(b) A discharge, mortgage discharge, release, conveyance, grant, or satisfaction of an interest in real or personal property that is made by an estate, a guardian, or a trust described in subsection (a) of this section that names the estate, the guardian, or the trust as the holder or grantor of the interest and that is executed by the personal representative or trustee authorized to execute the instrument is valid in like manner and effect as if the personal representative, guardian, or trustee had been named the holder or the grantor in the instrument. (Added 2003, No. 150 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 371. Proving execution when grantor dies or leaves State

§ 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 Court or a Superior Judge. If all the subscribing witnesses to the deed are dead or out of the State, the execution of the deed may be proved before the Supreme or Superior Court by proving the handwriting of the grantor or lessor and of a subscribing witness or adducing other evidence to the satisfaction of the court. Such evidence entered on the deed or annexed thereto shall be equivalent to the grantor’s or lessor’s acknowledgment of the deed. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2023, No. 6, § 326, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 372. Proceedings when grantor refuses to acknowledge—summons

§ 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 grantor or lessor to appear at a certain time and place before the judge to hear the testimony of the subscribing witnesses to the deed. The summons, with a copy of the deed annexed thereto, shall be served like a writ of summons at least seven business days before the time assigned in the summons for proving the deed. (Amended 1973, No. 249 (Adj. Sess.), § 85, eff. April 9, 1974; 2017, No. 11, § 55; 2023, No. 6, § 327, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 373. Notice

§ 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 given if the party resides in the State. When such notice cannot be given, the judge shall proceed in the examination as provided in section 374 of this title, and the judge’s certificate of the execution of the deed shall have the same effect as provided in that section. (Amended 1973, No. 249 (Adj. Sess.), § 86, eff. April 9, 1974; 2023, No. 6, § 328, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 374. Hearing and certificate

§ 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 or at an adjournment thereof. If such execution is proved to the satisfaction of the judge, he or she shall certify the same thereon and in his or her certificate shall note the presence or absence of the grantor or lessor and such certificate shall be equivalent to the acknowledgment of the grantor or lessor. (Amended 1973, No. 249 (Adj. Sess.), § 87, eff. April 9, 1974.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 375. Witnesses dead or out of State

§ 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 lessor and of a subscribing witness, such court first summoning the grantor or lessor as provided in this chapter. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 378. Effect of recording unacknowledged deed

§ 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 sections 371-376 of this title; and, when so recorded in the proper office, it shall be as effectual as though the same had been duly acknowledged and recorded for 60 days thereafter. If such proceedings for proving the execution of the deed are pending at the expiration of such 60 days, the effect of such record shall continue until the expiration of six business days after the termination of the proceedings. (Amended 2017, No. 11, § 56.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 401. Index of deeds by county clerk; penalty

§ 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 transfers of the title under a judgment or order of court.
(b) A county clerk who neglects to keep the index required in subsection (a) of this section shall be fined $50.00 for each six months’ neglect.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 402. Record in county clerk’s office

§ 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 such lands lie, in the book kept for the purpose of recording deeds. If the records of a town in which such deed or conveyance is recorded are destroyed, an attested copy of such deed or other conveyance from the office of such county clerk shall be of the same validity as a copy from the town clerk’s office.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 403. Records when lands lie in unorganized place

§ 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 thereof.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 404. Lost instruments affecting property titles; copy recorded in another town

§ 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 Superior Court may order a copy of such record to be recorded in any town where a part of such real estate is situated. The proceedings upon such complaint shall be the same as in case of judgment files lost or destroyed, and a record so made shall be treated as a record of the original instrument. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 405. Vendor to record title on request

§ 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 the same lands or an estate or interest in the lands. (Amended 2023, No. 6, § 329, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 406. Proceedings upon vendor’s refusal

§ 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, may issue a warrant to immediately bring the person before the judge to be examined in the premises. (Amended 1973, No. 249 (Adj. Sess.), § 88, eff. April 9, 1974; 2023, No. 6, § 330, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 407. Commitment of vendor for refusal

§ 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 complaint and commitment. Either party may appeal from the decision of such judge as provided in this chapter. Such person shall also be further liable for damages to the party whose right or title is affected in an action on this statute. (Amended 1973, No. 249 (Adj. Sess.), § 89, eff. April 9, 1974.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 408. Recording subordination of liens

§ 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 be noted on the margin of the record of the instrument affected by the agreement. If not so recorded, the agreement shall bind only the parties to the agreement. (Amended 2023, No. 6, § 331, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 409. Record of assignment by landlord

§ 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 recorded, the same shall bind only the parties to the assignment. (Amended 2023, No. 6, § 332, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 441. Manner of mortgaging machinery

§ 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 mortgages of real estate.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 461. By entry on record

§ 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 acting under a duly executed and recorded power of attorney, such signature to be witnessed by the town clerk or assistant town clerk having custody of such record. Such entry shall have the same effect as a deed of release acknowledged and recorded.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 462. By acknowledgment of payment

§ 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 mortgage deed, signing the same in the presence of one or more witnesses, which entry, upon being recorded on the margin of the record of such mortgage in the record of deeds, shall discharge such mortgage and bar all actions brought thereon.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 463. By separate instrument

§ 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:
(b) When such satisfaction is acknowledged before a notary public and recorded, it shall discharge such mortgage and bar actions brought thereon. (Amended 1973, No. 47, § 2, eff. April 12, 1973; 2003, No. 150 (Adj. Sess.), § 6; 2017, No. 28, § 6, eff. May 10, 2017; 2017, No. 160 (Adj. Sess.), § 4, eff. July 1, 2019.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 464a. Discharge by licensed attorney

§ 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 mortgagee, or the mortgagee’s agent, fails to execute and record a discharge of the mortgage in accordance with section 461, 462, or 463 of this title;
(2) the discharge is executed by, or is in the name of, a purported mortgagee that is not holder of record of the mortgage; or
(3) the discharge of record was not executed in accordance with section 461, 462, or 463 of this title.
(b) An attorney-at-law who discharges a mortgage under this section shall execute and record with the discharge an affidavit in the record of deeds affirming that:
(1) the affiant is an attorney-at-law in good standing and licensed to practice in Vermont;
(2) the affidavit is made at the request of the mortgagor or the mortgagor’s executor, administrator, successor, assignee, or transferee or the transferee’s mortgagee;
(3) the purported mortgagee has provided a payoff statement with respect to the loan secured by the mortgage;
(4) the purported mortgagee has received payment of the mortgage in accordance with the payoff statement that has been proved by a bank check, certified check, or attorney client funds account check negotiated by the purported mortgagee or by evidence of receipt of payment by the purported mortgagee; and
(5) more than 30 days have elapsed since the payment was received by the purported mortgagee.
(c) The affidavit must include the names and addresses of the mortgagor, the original mortgagee, and the purported mortgagee; the date of the mortgage; and the book and page number and similar information with respect to the most recent recorded assignment of the mortgage.
(d) The affiant shall attach to the affidavit the following, certifying that each copy is a true copy of the original document:
(1) photocopies of the documentary evidence that payment has been received by the mortgagee, provided that the payor’s account number may be redacted; and
(A) if paid by check, a photocopy of the mortgagee’s endorsement of the payoff check; or
(B) if paid by wire, written confirmation that the monies wired left the sender’s account; and
(2) a photocopy of the payoff statement received from the mortgagee or servicer.
(e) An affidavit recorded under this section has the same effect as discharge under section 461, 462, or 463 of this title.
(f) An attorney-at-law who executes and records a discharge of mortgage in accordance with this section shall not be liable to the holder of the mortgage on account of such discharge except in the event of negligence or fraud by the discharging attorney. (Added 1995, No. 162 (Adj. Sess.), § 38, eff. Jan. 1, 1997; amended 2007, No. 177 (Adj. Sess.), § 3; 2017, No. 24, § 1, eff. May 4, 2017.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 465. When mortgagee dead

§ 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 Division of the Superior Court of the district within which the real estate is situated for the appointment of an administrator of the estate of the deceased mortgagee or assignee to discharge the mortgage. The Probate Division of the Superior Court may appoint an administrator of the deceased mortgagee or assignee to discharge the mortgage, if upon hearing and upon payment of the costs of the hearing, the administrator is satisfied that the conditions of the mortgage have been complied with and is further satisfied that there is no person within the State having authority to discharge the mortgage. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2023, No. 6, § 335, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 466. Notice to parties

§ 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, publication, or service of process, as to it shall seem proper to protect the rights of all parties in interest. Failure on the part of a party in interest to receive such notice shall be ground for relief under 12 V.S.A. § 2357 if the party is possessed of enforceable rights that are prejudiced by the discharge of a mortgage as aforesaid. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2023, No. 6, § 336, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 467. When death of mortgagee not established

§ 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 such mortgage.
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 468. Manner of Discharge by Trustee or Administrator

§ 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 when living. An administrator or trustee appointed for such purpose shall have no authority relative to the estate of which the administrator or trustee is appointed, other than as provided in this section. The judge, in the judge’s discretion, may require the administrator or trustee to give bonds as in the judge’s opinion the circumstances of the case require. (Amended 2023, No. 6, § 337, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 469. Mortgagee corporation whose charter has expired

§ 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 has been dissolved by operation of law, forfeiture, or for any other reason, a complaint may be brought to the presiding judge of the Superior Court of the county where the mortgage is recorded and, after such hearing as the presiding judge may direct, if the judge is satisfied that the conditions of the mortgage have been complied with, and have no force in law, and is further satisfied that there is no person within the State having authority to discharge the mortgage, the judge may direct an order discharging the mortgage. The proceedings shall be without taxation of costs except that the moving party shall bear the costs of the notice as the presiding judge may order. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2023, No. 6, § 338, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 470. Validation of mortgage discharge on one- to four-family residential property

§ 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-family residential real property, including a residential unit in a condominium or in a common interest community as defined in Title 27A, that is not valid because it is not executed by or is not issued by or in the name of the record holder of the mortgage shall be valid as if it had been issued or executed by the record holder of the mortgage if:
(1) no person has within three years after the discharge is recorded brought an action challenging the validity of the discharge and recorded a copy of the complaint in the land records of the town where the discharge is recorded; and
(2) an affidavit is recorded that is dated more than three years after the recording date of the mortgage discharge and contains the following:
(A) a statement that the affiant has been the record owner of the real property described in the mortgage for at least two years prior to the date of the affidavit;
(B) the recording information for the mortgage, any assignments, and the release;
(C) a statement that, since the date of the recording of the release, the affiant has received no demand for payment of all or any portion of the debt secured by the mortgage and has received no notice or communication that would indicate that all or any portion of the mortgage debt remains due or owing; and
(D) a statement that, to the best of the affiant’s knowledge and belief, the mortgage has been paid in full.
(b) The provisions of this section shall not apply to any release obtained by fraud or forgery. (Added 2007, No. 177 (Adj. Sess.), § 4.)
2023 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.
2023 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.
2023 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 of the lands by any other person claiming the same. (Amended 2023, No. 6, § 339, eff. July 1, 2023.)
2023 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, and the person’s heirs or assigns, whose right, debt, or duty is so intended to be avoided. (Amended 2023, No. 6, § 340, eff. July 1, 2023.)
2023 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.