Miscellaneous

V.S.A. tit. 27, ch. 5, subch. 6

in effect

27 V.S.A. § 541 Deeds of lands held adversely

541. Deeds of lands held adversely Deeds, leases, and other conveyances of lands, duly executed, acknowledged, and recorded, shall have the effect to convey such title therein as the grantor or lessor may have, notwithstanding any actual possession of the lands by any other person claiming the same. Amended 2023, No. 6, § 339, eff. July 1, 2023.

27 V.S.A. § 542 Fraudulent deeds

542. Fraudulent deeds Fraudulent and deceitful deeds, conveyances, and alienations of lands, or of an estate or interest therein, and charges upon lands or upon the rents and profits thereof, procured, made, or suffered with intent to avoid a right, debt, or duty of a person, shall be void as against the person, and the person’s heirs or assigns, whose right, debt, or duty is so intended to be avoided. Amended 2023, No. 6, § 340, eff. July 1, 2023.

27 V.S.A. § 543 Highways as encumbrances

543. Highways as encumbrances When real estate is conveyed by deed, the existence of a highway over or upon any part of such estate shall not be treated as a breach of the covenant of seisin or warranty or any covenant against encumbrances contained in such deed unless the parties to such deed expressly refer to and covenant against such highway.

27 V.S.A. § 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 or, for a plug-in photovoltaic device as defined in 30 V.S.A. § 201, appurtenant to 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, except for a plug-in photovoltaic device. Added 2009, No. 45, § 15d, eff. May 27, 2009; amended 2025, No. 149 (Adj. Sess.), § 4, eff. July 1, 2026.

27 V.S.A. § 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.

27 V.S.A. § 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.

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