reglab/statecodes huggingface dataset:
2023 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 that 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.)
2023 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
(a) 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.
(b) Deed restrictions or covenants added after July 1, 2023 shall not be valid if they require a minimum dwelling unit size on the property or more than one parking space per dwelling unit if the property is located in an area served by municipal sewer and water infrastructure as defined in 24 V.S.A. § 4303 that allows residential uses or more than 1.5 parking spaces for duplexes and multiunit dwellings in areas not served by sewer and water and in areas that are located more than one-quarter mile away from public parking rounded up to the nearest whole number when calculating the total number of spaces.
(c) 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; 2023, No. 47, § 20, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 546. Racially and religiously restrictive covenants in deeds prohibited

§ 546. Racially and religiously restrictive covenants in deeds prohibited
(a) A deed, mortgage, plat, or other recorded device recorded on or after July 1, 2022 shall not contain a covenant, easement, or any other restrictive or reversionary interest purporting to restrict the ownership or use of real property on the basis of race or religion.
(b) A covenant, easement, or any other restrictive or reversionary interest in a deed, mortgage, plat, or other recorded device purporting to restrict the ownership or use of real property on the basis of race or religion is declared contrary to the public policy of the State of Vermont and shall be void and unenforceable. This subsection shall apply to a restrictive covenant executed at any time. (Added 2021, No. 143 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 603. Successors in interest; notices of claim; filing for record

§ 603. Successors in interest; notices of claim; 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.)
2023 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 the 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; 2023, No. 6, § 341, eff. July 1, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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).)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 617. Disclosure of class 4 road

§ 617. Disclosure of class 4 road
(a) Disclosure of maintenance on class 4 highway. Any property owner who sells property located on a class 4 highway or legal trail shall disclose to the buyer that the municipality is not required to maintain the highway or trail as described in 19 V.S.A. § 310.
(b) Marketability of title. Noncompliance with the requirements of this section shall not affect the marketability of title of a property. (Added 2023, No. 47, § 21, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 622. Definitions

§ 622. Definitions
For the purposes of this subchapter:
(1) “Document” means information that is:
(A) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(B) eligible to be recorded in the land records maintained by the recorder.
(2) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) “Electronic document” means a document that is received by the recorder in an electronic form.
(4) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(5) “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; public corporation; government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity.
(6) “Recorder” means a town clerk, pursuant to 24 V.S.A. § 1154, or a county clerk, pursuant to subchapter 3 of this chapter, responsible for recording deeds and other instruments or evidences respecting real estate.
(7) “State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (Added 2021, No. 171 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 623. Validity of electronic documents

§ 623. Validity of electronic documents
(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this subchapter.
(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. (Added 2021, No. 171 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 624. Recording of documents

§ 624. Recording of documents
(a) In this section, “paper document” means a document that is received by the recorder in a form that is not electronic.
(b) A recorder:
(1) who implements any of the functions listed in this section shall do so in compliance with the most recent standards and best practices;
(2) may receive, index, store, transmit, and preserve electronic documents;
(3) may provide for access to, and for search and retrieval of, documents and information by electronic means;
(4) who accepts electronic documents for recording shall continue to accept paper documents as authorized by State law and shall place entries for both types of documents in the same index;
(5) may convert paper documents accepted for recording into electronic form;
(6) may convert into electronic form information recorded before the recorder began to record electronic documents;
(7) may accept electronically any fee the recorder is authorized to collect; and
(8) may agree with other officials of this State or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees. (Added 2021, No. 171 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 625. Standards and best practices

§ 625. Standards and best practices
To ensure consistency in the standards and best practices of, and the technologies used by, recorders in this State, all recordings of deeds and other instruments or evidences respecting real estate, regardless of format, shall comply with standards and best practices issued by the Vermont State Archives and Records Administration pursuant to 3 V.S.A. § 117. Recorders shall seek services from the Vermont State Archives and Records Administration to comply with the standards and best practices issued in accordance with this subchapter. No provisions of this subchapter shall be implemented unless a recorder has complied with the standards and best practices issued by the Vermont State Archives and Records Administration in accordance with this subchapter. (Added 2021, No. 171 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 Vermont Statutes › Title 27 - Property › Chapter 5 - Conveyance of Real Estate › § 626. Relation to Electronic Signatures in Global and National Commerce Act

§ 626. Relation to Electronic Signatures in Global and National Commerce Act
This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. § 7003(b)). (Added 2021, No. 171 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 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.)
2023 Vermont Statutes › Title 27 - Property › Chapter 6 - Enhanced Life Estate Deeds › § 653. Definitions

§ 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 estate deed” or “ELE Deed” means a deed in which:
(A) the grantor expressly reserves a common law life estate;
(B) the grantor expressly reserves the right to convey the property during the grantor’s lifetime;
(C) the grantee acquires a contingent remainder interest such that, prior to the death of the grantor, the grantee has no vested rights in the property; and
(D) upon the death of the grantor, title vests in the surviving grantee or, for a deceased grantee, title passes pursuant to section 658 of this title, subject to encumbrances of record.
(3) “Grantee” means one or more grantees and the grantee’s heirs and assigns.
(4) “Grantor” means one or more grantors, each of whom shall be a natural person, and the grantor’s heirs and assigns.
(5) “Revoke” means to negate an ELE deed and is accomplished when the grantor records a deed from the grantor to himself or herself.
(6) “Revise” means to change the grantee on an ELE deed and is accomplished when the grantor records a new ELE deed to a grantee other than, or in addition to, the grantee named in the prior ELE deed. A revised deed supersedes and replaces a prior ELE deed. To add an additional grantee to an existing ELE deed, the new ELE deed must name all grantees. (Added 2019, No. 145 (Adj. Sess.), § 1, eff. July 13, 2020.)
2023 Vermont Statutes › Title 27 - Property › Chapter 6 - Enhanced Life Estate Deeds › § 654. Execution and recording of an enhanced life estate deed

§ 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 present right, title, or interest in the property or create any present legal or equitable interest in the grantee; or
(3) subject the grantor’s property to process from the grantee’s creditors.
(b) The grantor may convey the property described in an ELE deed, or any portion thereof, without the need for joinder by, consent from, agreement of, or notice to the grantee.
(c) If not previously conveyed during the lifetime of the grantor, upon the death of the grantor, subject to encumbrances of record, the interest stated in an ELE deed vests in the grantee or, for a deceased grantee, the interest passes pursuant to section 658 of this title.
(d) An executed and recorded ELE deed shall be subject to the property transfer tax under 32 V.S.A. chapter 231. (Added 2019, No. 145 (Adj. Sess.), § 1, eff. July 13, 2020; amended 2021, No. 179 (Adj. Sess.), § 1, eff. January 1, 2022.)
2023 Vermont Statutes › Title 27 - Property › Chapter 6 - Enhanced Life Estate Deeds › § 655. Acceptance or consideration not required; conveyance not permitted

§ 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 grantee’s contingent remainder interest during the grantor’s lifetime, and any conveyance that attempts to do so is void. (Added 2019, No. 145 (Adj. Sess.), § 1, eff. July 13, 2020.)
2023 Vermont Statutes › Title 27 - Property › Chapter 6 - Enhanced Life Estate Deeds › § 656. Revocation; revision; mortgages

§ 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 revise an ELE deed, but the property interests conveyed and reserved in an ELE deed shall be encumbered by the mortgage and by any future advances made pursuant to it. (Added 2019, No. 145 (Adj. Sess.), § 1, eff. July 13, 2020.)
2023 Vermont Statutes › Title 27 - Property › Chapter 6 - Enhanced Life Estate Deeds › § 657. Execution by guardian; use of power of attorney

§ 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 attorney complies with the requirements of 14 V.S.A. chapter 123, including any applicable gifting and self-dealing provisions. (Added 2019, No. 145 (Adj. Sess.), § 1, eff. July 13, 2020.)
2023 Vermont Statutes › Title 27 - Property › Chapter 6 - Enhanced Life Estate Deeds › § 658. Death of grantee prior to death of grantor

§ 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 or the interest shall be distributed or conveyed to a grantee’s heirs or beneficiaries, as directed by the Probate Division.
(2) If an ELE deed conveys title to multiple grantees as tenants in common and one or more grantees predecease the grantor, upon the death of the grantor, title to the property vests in the heirs of any intestate grantee or the interest shall be distributed or conveyed to a grantee’s heirs or beneficiaries, as directed by the Probate Division.
(3) If an ELE deed conveys title to multiple grantees as joint tenants and one or more grantees predecease the grantor, upon the death of the grantor, title to the property vests in any grantee who survives the grantor. (Added 2019, No. 145 (Adj. Sess.), § 1, eff. July 13, 2020.)
2023 Vermont Statutes › Title 27 - Property › Chapter 6 - Enhanced Life Estate Deeds › § 659. Previously executed and recorded enhanced life estate deeds

§ 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 deed executed and recorded prior to July 13, 2020. (Added 2019, No. 145 (Adj. Sess.), § 1, eff. July 13, 2020.)
2023 Vermont Statutes › Title 27 - Property › Chapter 6 - Enhanced Life Estate Deeds › § 660. Optional form for enhanced life estate deed

§ 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)
PROPERTY DESCRIPTION:
[Insert property description or attach schedule]
GRANTORS RESERVED RIGHTS:
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 701. Corporate powers

§ 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, shall have corporate powers, with perpetuity, for the purpose of taking and holding real and personal estate for the use and benefit of such lodge or organization and for other charitable purposes.
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 702. Mortgage or conveyance of property

§ 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 and bylaws of such lodge or organization, may sell, mortgage, and convey any or all of such real and personal estate.
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 703. Estate or interest not vested in person in office or successor

§ 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 an estate or interest in the person or the person’s successor. Such a grant, conveyance, devise, or lease to or for the person, by the designation of the office, shall not vest an estate or interest in a successor of the person. This section shall not be deemed to admit the validity of such grant, conveyance, devise, or lease heretofore made. (Amended 2023, No. 6, § 342, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 704. No interest vests unless grantee is a corporation

§ 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, or lease is made, unless the same is made to a corporation organized for the support of the gospel and the maintenance of public worship, or to procure, hold and keep in repair a house of public worship according to law.
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 705. Disposition upon death of noncorporate grantee

§ 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 congregation or society using the same. Unless previously conveyed to a corporation, as provided in section 704 of this title, the real estate, upon the death of the person in whom the legal title was vested on November 17, 1856, shall vest in the religious corporation formed by the congregation or religious society occupying and enjoying the real estate, if such a corporation, organized according to law, is in existence at the time of the death. If the congregation or society is not incorporated, the title of the real estate shall vest in the State. (Amended 2023, No. 6, § 343, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 706. Reconveyance by Governor

§ 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 real estate and the rights, title, and interest of the State to the corporation, which shall be vested with the rights, title, and interest. (Amended 2023, No. 6, § 344, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 741. Insurance required

§ 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 board of investment of such institution may designate; and the policies of insurance shall be duly assigned, or the loss made payable to such institutions. The trustees, directors, or board of investment may procure or renew such policy of insurance in such company authorized to do business in this state, as they may elect, from year to year, or for a longer or shorter period, if the mortgagor neglects so to do, and, when necessary, the treasurer of such institution may sign premium notes, and may charge the amount paid for such insurance to the mortgagor.
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 742. Payment of insurance expenses

§ 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 debt secured by the mortgage from the time of payment, as part of the moneys secured by such mortgage.
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 781. Property to vest in Vermont Baptist State Convention

§ 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 this state, which has become or shall become extinct by death of all its members or otherwise, and which has been or shall be at any time affiliated with the Vermont Baptist State Convention, a religious corporation existing by virtue of No. 111 of the Acts of 1851, and engaged in religious missionary work and in fostering weak Baptist churches in this state or connected with any Baptist church affiliated with such Vermont Baptist State Convention, shall vest in and become the property of such Vermont Baptist State Convention.
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 782. When property vests; how held

§ 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 years immediately prior thereto, or whose membership has so diminished in numbers or in financial strength as to render it impossible or impracticable for the church to maintain religious worship or services, or to protect its property from exposure to waste and dilapidation, or to fulfill the purpose for which it was incorporated, may be declared extinct or dissolved, by an order of the Superior Court. The property of the church, or property which may be held in trust for the church, may be transferred to and the title and possession vested in the Vermont Baptist State Convention. The avails of the property so transferred shall be held in trust and added to the permanent fund of the convention and the income employed for its usual work until a local Baptist church is again organized in the same neighborhood, when the income shall be used to aid the local church as needed. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2023, No. 6, § 345, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 783. Procedure for transferring property

§ 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 Vermont Baptist State Convention, or by any member of such church, upon a verified complaint setting forth the facts authorizing the order and disposition of property. Upon the presentation of the complaint to the Superior Court, the court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of the application. If upon examination by the court it appears that the making of the order and disposition of the property applied for is necessary or proper for any of the causes mentioned in section 782 of this title, the court shall make a final order declaring the church extinct, or dissolving the same, and transferring any property, and the title and possession which may belong to the church, or held in trust for the church, and vest the same in the Vermont Baptist State Convention, it being the intention and purpose of this section and sections 781 and 782 of this title to preserve to the Baptist denomination in this State, as represented by the Vermont Baptist State Convention, for religious uses all property owned by or held in trust for any such church. The order of transfer shall not be made if objected to by five or more members of the church. This section and sections 781 and 782 of this title shall not affect reversionary interests of any person or persons in the property or any valid legal liens of creditors. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2023, No. 6, § 346, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 785. Application to nonaffiliated church

§ 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 section 783 of this title if objection is made by a member of such church or society. Such court in making an order under that section may direct that the property of such church or society be sold and the proceeds shall be paid to such convention, after deducting necessary expenses. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 27 - Property › Chapter 7 - Property Held for Religious, Fraternal, or Charitable Purposes › § 821. Vesting of property of extinct churches

§ 821. Vesting of property of extinct churches
All property of any kind belonging to or held in trust for a Congregational church, Congregational church and society, or Congregational society, hereafter referred to as Congregational church in this subchapter, organized under the laws of this state, which has become or shall become extinct by death of all its members or otherwise, and which has been or shall be at any time affiliated with the Vermont Congregational Conference, a religious corporation existing by virtue of No. 267 of the Acts of 1872 as since amended, or with the Vermont Domestic Missionary Society, a religious corporation existing by virtue of No. 268 of the Acts of 1872, and engaged in religious missionary work and in fostering weak Congregational churches in this state connected with a Congregational church affiliated with such Vermont Congregational Conference or such Vermont Domestic Missionary Society, shall vest in and become the property of such Vermont Domestic Missionary Society.