Manner of Conveying Interests in or Affecting Realty

V.S.A. tit. 27, ch. 5, subch. 1

in effect

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 303 Trusts concerning realty

303. Trusts concerning realty A trust concerning lands, excepting such as may arise or result by implication of law, shall not be created or declared unless by an instrument in writing signed by the party creating or declaring the same or by his or her attorney.

27 V.S.A. § 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, acknowledged, and recorded as provided for deeds in this chapter. An assignment otherwise executed shall be void as against all persons but the assignor, the assignor’s heirs, or the assignor’s devisees. Amended 2025, No. 165 (Adj. Sess.), § 28, eff. June 18, 2026.

27 V.S.A. § 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, 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 which 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, No. 161 (Adj. Sess.), § 18, eff. June 6, 2024.

27 V.S.A. § 306 Evidence

306. Evidence When a deed is made by virtue of a power of attorney thus executed and recorded, a certified copy of the record of such power of attorney may be read in evidence when the original cannot be produced.

27 V.S.A. § 307 Vendor’s liens

307. Vendor’s liens The vendor of real estate shall not have a lien thereon for unpaid purchase money, except such lien as is created and evidenced by deed executed, acknowledged, and recorded as deeds of conveyance of real estate.

27 V.S.A. § 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.

27 V.S.A. § 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.

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