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Vermont real estate conveyances are governed primarily by Title 27 of the Vermont Statutes. Vermont permits flexible forms of conveyance and allows unique self-conveyance transactions.

Authority to Convey and Self-Conveyance

A conveyance of land may be made by deed executed by a person with authority to convey the property or by that person’s attorney (27 V.S.A. § 301). Vermont expressly allows a person to convey real estate to himself or herself in a different legal capacity, to a spouse, or to himself or herself and one or more additional persons (27 V.S.A. § 349).

If land is not conveyed by written instrument, the transfer will have the effect of an estate at will only (27 V.S.A. § 302).

Warranty deeds are customary in Vermont, and quitclaim deeds are also commonly used. A duly executed deed conveys whatever title the grantor possesses, even if the property is in the adverse possession of another (27 V.S.A. § 541).

Execution and Acknowledgment

A deed must be signed by the grantor and acknowledged before a town clerk, notary public, master, county clerk, judge, or register of probate. The instrument must then be recorded in the town clerk’s office in the town where the land is situated.

The deed should include a legal description of the property and a granting clause specifying any warranties or limitations.

Property Transfer Tax and Recording

Evidence of payment of the Vermont Property Transfer Tax must accompany the deed prior to recording. Vermont uses a town-based recording system rather than a county system; deeds are recorded in the town clerk’s office where the property lies.

Recording and Priority

Vermont follows a notice recording statute. A deed, mortgage, bargain and sale deed, or lease for more than one year is not effective against third parties unless acknowledged and recorded (27 V.S.A. § 342). An unrecorded instrument is valid between the parties but will not prevail against a subsequent purchaser or lender without notice.

Because Vermont allows self-conveyance transactions, relies on town-level recording, and requires acknowledgment and transfer tax compliance before recordation, careful drafting and prompt filing with the appropriate town clerk are essential to ensure that a conveyance is valid and protected.