A conveyance of land in Vermont is authorized by 301 of the Vermont Statutes, which states that "conveyances of land or of an estate or interest therein may be made by deed executed by a person having authority to convey the same, or by his or her attorney, and acknowledged and recorded as provided in this chapter." If real estate in this state is not conveyed by a written instrument, it will have the effect of an estate at will only. An estate or interest in lands will not be assigned, granted, or surrendered unless by operation of law or by a writing signed by the grantor or the grantor's attorney ( 302). The customary form for a conveyance in Vermont is a warranty deed. Quitclaim deeds are also commonly used in this state.
Real estate in Vermont can be conveyed by persons or corporations having the legal authority to do so. A person can convey real estate in Vermont to himself or herself in a different legal capacity; or to his or her spouse; or to himself or herself and one or more other persons, including his or her spouse ( 349). A public or private corporation that is authorized to hold real estate may convey the same ( 346). Land that is held in adverse possession in Vermont may be conveyed. Adverse possession of land is a process by which land can change ownership when someone who possesses another's land for an extended period of time may be able to claim legal title to that land. A duly executed deed in Vermont will have the effect of conveying whatever title the grantor may have, apart from any actual possession thereof by any other person claiming the same ( 541).
A deed or other conveyance of land in Vermont is required to be signed by the granting party and acknowledged by the grantor before a town clerk, notary public, master, county clerk, or judge or register of probate and recorded in the clerk's office in the town where the land is situated. Other essential elements of a real estate deed in Vermont include a description of the property, evidence of payment of the Vermont Property Transfer Tax, and a granting clause, which details any covenants that are or are not included.
The Recording Act in Vermont follows a notice statute, which protects a subsequent purchaser or lender who acquires an interest without notice of a prior unrecorded conveyance or lien. In Vermont, a bargain and sale deed, a mortgage, or other conveyance of land in fee simple or for term of life, or a lease for more than one year will 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 ( 342). Real estate deeds must be recorded with the town clerk in the town where the property is located.
What others are saying:
Cindi S. said: I asked for a letter of testamentary form and this is what I got. Not at all what I was hoping for. Just spent $20 for nothing. Very disappointed.
Reply from Staff: Thank your or your feedback. We are sorry to hear of the disappointment caused when you ordered our Colorado Personal Representative Deed of Distribution hoping you would receive something entirely different. We have corrected your mistake by canceling your order and payment. Have a wonderful day.
Lauren D. said: Prompt and helpful
Reply from Staff: Thank you!
A. S. said: First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
Reply from Staff: Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!
Lucille F. said: Instructions very detailed and clear.
Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Jason B. said: Providing .doc versions would be much easier than trying to jam information into a non-editable PDF.
Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!
Available Vermont Documents