Terms Used In Vermont Statutes Title 27 Sec. 602

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See

§ 602. Unbroken chain; conditions and suspension

(a) A person shall be deemed to hold an unbroken chain of title to an interest in real estate for purposes of this subchapter when the official public records disclose:

(1) A conveyance not less than 40 years in the past, properly executed and recorded according to law, which purports to create such interest in such person with nothing appearing of record during the 40-year period purporting to divest the person of the purported interest; or

(2) A conveyance not less than 40 years in the past, executed and recorded according to law, which purports to create such interest in some other person and other conveyances or events of record by which the purported interest has become vested in the person first referred to, with nothing appearing of record during the 40-year period purporting to divest the person first referred to of such interest.

(b) No absence, incapacity, disability, or lack of knowledge of any kind on the part of any person shall suspend the running of the 40-year period.

(c) For purposes of this section, “conveyance” means any deed, lease, decree, or other written instrument proper on its face to transfer title to an interest in real estate under the laws of this state, and also includes the transfer of an interest in real estate by inheritance or descent occasioned by death. (Added 1969, No. 235 (Adj. Sess.), § 2; amended 1971, No. 14, § 16, eff. March 11, 1971.)