Vermont Quit Claim Deed Form
A Vermont Quit Claim Deed is one of only a handful of legal means of conveying property interest in the state. Compared to other property Deeds that may be drawn up, this type is significantly simpler to put into effect. However, it should not be used without careful consideration. The reason it is wise to give some thought before entering into a Quit Claim Deed is that it comes with zero guarantees or warranties of title. The Grantee (the individual receiving the interest) should thus enter it only if they have verified that the Grantor (the individual giving their interest to them) actually possesses the interest they assert they have.
Laws: The Vermont Statutes Online, Title 27: “Property,” Chapter 5: “Conveyance of Real Estate”
Reference to a survey (27 V.S.A. § 341(b)): If the Quit Claim Deed refers to a survey that was prepared or revised after July 1, 1988, the survey must be included in the Deed, or the volume and page in the land records in which the survey has been recorded must be cited.
Signing requirements (27 V.S.A. § 301): A Quit Claim Deed executed in Vermont must be acknowledged by the Grantor in accordance with 27 V.S.A. § 341(a). This chapter states that the acknowledgment must take place before a Notary Public, master, or county clerk.
N.B. Prior to July 1, 2019, acknowledgment could only take place before a Notary Public. Since July 1, 2019, the law has been expanded to include acknowledgment before a master or county clerk as well.
How to file a Quit Claim Deed in Vermont (27 V.S.A. § 402): Contrasting to most states that require Quit Claim Deeds to be filed in the relevant county office, Vermont requires the form to be filed in the town clerk’s office where the real property is situated. There, it will be recorded by the county clerk. Any fees that are incurred during this process must be paid.
Prior to doing so, however, two vital considerations must be kept in mind.
Firstly, Form PT-172: Vermont Property Transfer Tax Return must be filed with the town clerk at the same time as filing the Vermont Quit Claim Deed form.
The Vermont Department of Tax provides a set of general instructions for Form PT-172. That being said, new requirements exist for filling out this form, but the Department’s website has not provided adequate guidance about these requirements. As such, the Department recommends emailing them at [email protected] or phoning (802) 828-6851 to obtain further information.
Secondly, it is of note that Vermont abides by a “notice recording statute.” This is exemplified by 27 V.S.A. § 342, which outlines that the Deed will only be “effectual to hold such lands against any person but the grantor and his or her heirs,” once it is acknowledged and recorded. In other words, the Deed must be duly recorded as doing so provides notice to individuals other than the Grantor and the Grantee about the existence of the Quit Claim Deed.
As is the case in other states with notice recording states, an individual who enters into a conveyance without notice of an existing conveyance will be awarded the title of that property. This could occur if the Quit Claim Deed is not recorded, so it is essential to prioritize recording the Deed soon after executing it.