Execution and Acknowledgment

V.S.A. tit. 27, ch. 5, subch. 2

in effect

27 V.S.A. § 341 Requirements generally; recording

341. Requirements generally; recording (a) Deeds and other conveyances of lands, or of an estate or interest in land, shall be signed by the party granting the same and acknowledged by the grantor before a notary public and recorded at length in the clerk’s office of the town in which the lands lie. The acknowledgment before a notary public shall be valid without an official stamp being affixed to the notary’s signature. (b)(1) A deed or other conveyance of land that includes a reference to a survey prepared or revised after July 1, 1988 may be recorded only if it is accompanied by the survey to which it refers, or cites the volume and page in the land records showing where the survey has previously been recorded. (2) If the conveyance of land results in the subdivision of a parcel or a change in the boundaries of a parcel after January 1, 2020, the deed shall: (A) be accompanied by a survey plat that depicts the new parcel boundaries; or (B) cite the volume and page in the land records that indicates where the new parcel boundaries have previously been recorded. (3) The failure to comply with this subsection shall not: (A) void or invalidate the deed or other instruments recorded; or (B) render the title to the property depicted in the survey plat unmarketable. (c) A lease of real property that has a term of more than one year from the making of the lease need not be recorded at length if a notice or memorandum of lease, which is executed and acknowledged as provided in subsection (a) of this section, is recorded in the land records of the town in which the leased property is situated. The notice of lease shall contain at least the following information: (1) the names of the parties to the lease as set forth in the lease; (2) a statement of the rights of a party to extend or renew the lease; (3) any addresses set forth in the lease as those of the parties; (4) the date of the execution of the lease; (5) the term of the lease, the date of commencement, and the date of termination; (6) a description of the real property as set forth in the lease; (7) a statement of the rights of a party to purchase the real property or exercise a right of first refusal with respect thereto; (8) a statement of any restrictions on assignment of the lease; and (9) the location of an original lease. (d)(1) A deed or other instrument may be recorded in the land records pursuant to this section for the purposes provided in this chapter and shall be deemed to impart notice of its contents if it is signed and acknowledged in accordance with the procedures specified in the Emergency Administrative Rules for Remote Notarial Acts adopted by the Vermont Secretary of State (the Emergency Rules) during the period that the Emergency Rules are in effect. (2) A deed or other instrument executed in compliance with the Emergency Rules shall be presumed to be valid if the notarial certificate attached to the deed or other instrument contains an affirmative statement of compliance with the Emergency Rules. Amended 1967, No. 231 (Adj. Sess.), § 1, eff. Jan. 24, 1968; 1973, No. 249 (Adj. Sess.), § 84, eff. April 9, 1974; 1987, No. 220 (Adj. Sess.); 1993, No. 174 (Adj. Sess.), § 1; 1997, No. 86 (Adj. Sess.), § 1; 2003, No. 150 (Adj. Sess.), § 5; 2017, No. 24, § 3, eff. May 4, 2017; 2017, No. 28, § 5, eff. May 10, 2017; 2017, No. 160 (Adj. Sess.), § 2, eff. July 1, 2019; 2019, No. 38, § 5, eff. Jan. 1, 2020; 2019, No. 95 (Adj. Sess.), § 3, eff. April 28, 2020; 2023, No. 6, § 323, eff. July 1, 2023.

27 V.S.A. § 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.

27 V.S.A. § 343 Conveyance of wife’s real estate

343. Conveyance of wife’s real estate A husband and wife, by their joint deed, may convey the real estate of the wife as she might do by her separate deed if unmarried.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 346 Conveyances by corporation

346. Conveyances by corporation A public or private corporation authorized to hold real estate may convey the same by an agent appointed by vote for that purpose.

27 V.S.A. § 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.

27 V.S.A. § 348 Instruments concerning real property validated

348. Instruments concerning real property validated (a) When an instrument of writing shall have been on record in the office of the clerk in the proper town for a period of 15 years, and there is a defect in the instrument because it omitted to state any consideration or was not sealed, witnessed, acknowledged, validly acknowledged, or because a license to sell was not issued or is defective, the instrument shall, from and after the expiration of 15 years from the filing thereof for record, be valid. Nothing in this section shall be construed to affect any rights acquired by grantees, assignees, or encumbrancers under the instruments described in the preceding sentence, nor shall this section apply to conveyances or other instruments of writing, the validity of which is brought in question in any suit now pending in any courts of the State. (b) Notwithstanding subsection (a) of this section, any deed, mortgage, lease, power of attorney, release, discharge, assignment, or other instrument made for the purpose of conveying, leasing, mortgaging, or affecting any interest in real property that contains any one or more of the following errors is valid unless, within three years after the instrument is recorded, an action challenging its validity is commenced and a copy of the complaint is recorded in the land records of the town where the instrument is recorded: (1) The instrument contains a defective acknowledgment. (2) In the case of a conveyance by a corporation, limited liability company, partnership, limited partnership, or limited liability partnership, or by any other entity authorized to hold and convey title to real property within this State, the instrument designated such entity as the grantor but was signed or acknowledged by an individual in the individual capacity of such person, or fails to disclose the authority of the individual who executes and acknowledges the instrument. (3) The instrument contains an incorrect statement of the date of execution, or contains an execution date, or other date that is later than the date of the recording. In case of such conflict, the date of recording prevails. (4) The instrument does not contain a statement of consideration. (5) The acknowledgement clause of an instrument executed by an attorney-in-fact inaccurately recites the personal appearance of the principal and not the attorney-in-fact who personally appeared on behalf of the principal. (c) Notwithstanding the provisions of subsection (a) of this section, any deed, mortgage, lease, power of attorney, release, discharge, assignment, or other instrument made for the purpose of conveying, leasing, mortgaging, or affecting any interest in real property that is executed pursuant to a recorded power of attorney and contains one or more of the following errors or omissions is valid as if it had been executed without the error or omission: (1) The instrument was executed by an attorney-in-fact but was signed or acknowledged by the attorney-in-fact without reference to his or her capacity. (2) The instrument was executed by an attorney-in-fact but does not reference the power of attorney. (3) The power of attorney was effective at the time the instrument was executed but is recorded after the instrument is recorded. (d) A release, discharge, or assignment of mortgage interest executed by a commercial lender with respect to 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 recites authority to act on behalf of the record holder of the mortgage under a power of attorney but where the power of attorney is not of record shall have the same effect as if executed by the record holder of the mortgage unless, within three years after the instrument is recorded, an action challenging the release, discharge, or assignment is commenced and a copy of the complaint is recorded in the land records of the town where the release, discharge, or assignment is recorded. This subsection shall not apply to releases, discharges, or assignments obtained by fraud or forgery. (e) A power of attorney made for the purpose of conveying, leasing, mortgaging, or affecting any interest in real property that has been acknowledged and signed in the presence of at least one witness shall be valid, notwithstanding its failure to comply with 14 V.S.A. § 3503 or the requirements of the Emergency Administrative Rules for Remote Notarial Acts adopted by the Vermont Secretary of State, unless within three years after recording, an action challenging its validity is commenced and a copy of the complaint is recorded in the land records of the town where the power of attorney is recorded. This subsection shall not apply to a power of attorney obtained by fraud or forgery. (f) Notwithstanding section 305 of this title, a deed, mortgage, lease, or other instrument executed for the purpose of conveying or encumbering real property executed by a person purporting to act as the agent or attorney-in-fact for the party named in the deed, mortgage, lease, or other instrument that has been recorded for at least 15 years in the land records where the real property is located shall be valid even if no power of attorney authorizing and empowering an agent or attorney-in-fact appears of record, unless, within 15 years after recording, an action challenging the validity of the deed, mortgage, lease, or other instrument is commenced and a copy of the complaint is recorded in the land records of the town where the property is located. This subsection shall not apply to an instrument obtained by fraud or forgery. Added 1977, No. 79, § 1, eff. April 27, 1977; amended 2007, No. 177 (Adj. Sess.), § 2; 2009, No. 132 (Adj. Sess.), § 7, eff. May 29, 2010; 2021, No. 19, § 1, eff. May 6, 2021; 2023, No. 6, § 325, eff. July 1, 2023; 2025, No. 64, § 18, eff. June 12, 2025.

27 V.S.A. § 349 Conveyance to grantor and others

349. Conveyance to grantor and others (a)(1) Without an intervening conveyance, a person may convey interests in real estate directly: (A) to themselves in a different legal capacity; (B) to the person’s spouse; or (C) to themselves and one or more other persons, including the person’s spouse. (2) A person shall not convey an interest in a tenancy by the entirety or in homestead property to any person except the person’s 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, No. 161 (Adj. Sess.), § 23, eff. June 6, 2024.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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 371–375 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, No. 161 (Adj. Sess.), § 24, eff. June 6, 2024.

27 V.S.A. § 380 Disclosure of information; conveyance of real estate

380. Disclosure of information; conveyance of real estate (a) Prior to or as part of a contract for the conveyance of real property, the seller shall provide the buyer with the following information: (1) [Repealed.] (2) [Repealed.] (3) a physical or electronic copy or a digital link of the official flood insurance rate map, as published by the Federal Emergency Management Agency, or notice that a flood insurance rate map is unavailable effective for the community in which the real property is located; (4) whether the real property was subject to flooding or flood damage while the seller possessed the property, including flood damage from inundation or from flood-related erosion or landslide damage; and (5) whether the seller maintains or is required by federal or State law to maintain flood insurance on the real property. (b) The failure of the seller to provide the buyer with the information required under subsection (a) of this section is grounds for the buyer to terminate the contract prior to transfer of title or occupancy, whichever occurs earlier. (c) If a seller of real estate fails to provide the information required to be disclosed by a seller under subsection (a) of this section, a buyer may bring an action to recover from the seller the amount of the buyer’s damages and reasonable attorney’s fees. The buyer may also seek punitive damages when the seller knowingly failed to provide the required information. (d) A seller shall not be liable for damages under this section for any error, inaccuracy, or omission of any information required to be disclosed to the buyer under subsection (a) of this section when the error, inaccuracy, or omission was based on information provided by a public body or by another person with a professional license or special knowledge who provided a written report that the seller reasonably believed to be correct and that was provided by the seller to the buyer. (e) Noncompliance with the requirements of this section shall not affect the marketability of title of a real property. Added 2023, No. 181 (Adj. Sess.), § 102, eff. June 17, 2024; amended 2025, No. 52, § 2, eff. Sept. 1, 2025.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/27/005Fetched: 10/21/2026