Vermont Warranty Deed
Vermont warranty deed guarantees clear title and defends the buyer. Recorded with the town clerk; Property Transfer Tax applies. Attorney review available.
Introduction
Vermont does not codify a statutory deed form, so a Vermont warranty deed draws its guarantee of clear title, and the seller's promise to defend the buyer against later claims, from the covenants written into the deed and from common law. That title guarantee is what separates it from a quitclaim deed, which promises nothing and passes only whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. In Vermont the warranty deed is the standard instrument for a sale, so it is the deed most Vermont buyers expect. Vermont does not codify a statutory deed form or fixed warrant-and-defend words, so the covenants of seisin, right to convey, freedom from encumbrances, quiet enjoyment, and warranty come from the language written into the deed and from common law rather than from a statute. You record the signed, notarized deed with the clerk of the town where the land lies, because Vermont keeps land records at the town level rather than the county level (27 V.S.A. Section 341). Vermont charges a Property Transfer Tax, reported on Form PTT-172 delivered to the town clerk at recording. DocDraft builds your Vermont deed from your facts, with attorney review available before you record.
Key Things to Know
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A warranty deed gives a Vermont buyer the strongest title protection, with the seller guaranteeing clear title and agreeing to defend against any later claim. It is the deed most Vermont buyers expect, and the opposite of a quitclaim, which guarantees nothing.
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In Vermont the warranty deed is the standard instrument for a sale, but Vermont does not codify a statutory deed form or fixed warrant-and-defend words. The covenants of seisin, right to convey, freedom from encumbrances, quiet enjoyment, and warranty come from the deed's own language and common law (27 V.S.A. ch. 5).
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A general warranty deed warrants title against all claims, including defects that predate the seller. A special or limited warranty deed warrants only against claims arising during the seller's own ownership; in Vermont the difference is set by the covenant words you choose, not by a codified form.
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You record the signed deed with the clerk of the town where the land lies, because Vermont keeps land records at the town level, not the county level (27 V.S.A. Section 341(a); Section 342). Recording fees are 15 dollars per page (32 V.S.A. Section 1671). Record promptly to protect your interest against a later purchaser.
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The grantor's signature must be acknowledged before a notary public before the deed can be recorded (27 V.S.A. Section 341(a)). Vermont does not require subscribing witnesses for a deed.
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Vermont charges a Property Transfer Tax of 1.25 percent of value in general, 0.5 percent on the first 200,000 dollars of a principal residence and 1.25 percent above that, or 3.4 percent for a non-principal residence, plus a 0.22 percent Clean Water Surcharge (32 V.S.A. Sections 9602 and 9602a). A Property Transfer Tax Return, Form PTT-172, is delivered to the town clerk with the deed (Section 9606).
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If the property is the grantor's homestead and the grantor is married, the spouse must join in the execution and acknowledgment of the deed (27 V.S.A. Section 141(a)). Vermont is not a community property state; this is a homestead-protection rule.
Key decisions before you file
Before you file a Warranty Deed in Vermont, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Once your Warranty Deed is ready, you can check whether it needs to be notarized in Vermont in about a minute, and notarize it online through DocDraft if it does.
Vermont Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. In Vermont the warranty deed is the standard instrument for a sale, but Vermont codifies no statutory deed form and no fixed warrant-and-defend words. The covenants of seisin, right to convey, freedom from encumbrances, quiet enjoyment, and warranty come from the deed's own language and common law (27 V.S.A. ch. 5), not from a codified form.
Vermont uses a warranty deed for a sale and a quitclaim deed to release an interest without warranty. Unlike California, Vermont does not use a grant deed. Because Vermont codifies no short-form deed, the level of protection is fixed by the covenant language written into the instrument, so the drafting of that language matters.
Record the signed, notarized deed with the clerk of the town in which the land lies; Vermont keeps land records at the town level, not the county level (27 V.S.A. Section 341(a); Section 342). Recording fees are 15 dollars per page (32 V.S.A. Section 1671). An unrecorded deed is not effective against a later purchaser, so record promptly.
Before recording, the grantor's signature must be acknowledged before a notary public (27 V.S.A. Section 341(a)). Vermont does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is the recording path. The current statute requires the grantor's signature and acknowledgment only.
Vermont imposes a Property Transfer Tax of 1.25 percent of value in general, 0.5 percent on the first 200,000 dollars of a principal residence and 1.25 percent above that, or 3.4 percent for a non-principal residence, plus a 0.22 percent Clean Water Surcharge (32 V.S.A. Sections 9602 and 9602a). A Property Transfer Tax Return, Form PTT-172, is delivered to the town clerk with the deed (Section 9606).
Identify the grantor and grantee, recite that consideration was paid, and include the full legal description of the property (not just the street address). Vermont deeds commonly reference the prior deed by town land-record book and page. Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current deed.
If the property is the grantor's homestead and the grantor is married, the spouse must join in the execution and acknowledgment of the deed (27 V.S.A. Section 141(a)); a conveyance without that joinder is inoperative as to the homestead. Vermont is not a community property state, so this is a homestead-protection rule. Confirm whether the property is a homestead before signing.
Choose the deed to match the protection intended. A general warranty deed warrants title against all claims, including those predating the grantor, and is the usual Vermont sale deed. A special or limited warranty deed covers only claims arising during the grantor's ownership. A quitclaim gives no covenants. Because Vermont has no codified form, the covenant words you choose set the protection, so match them to the transaction.
Does your Warranty Deed need to be notarized in Vermont?
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. In Vermont the warranty deed is the usual deed for a sale, while a quitclaim is used to release an interest without any warranty, for example between family members or to clear a cloud on title. Vermont does not codify either form, so the covenants come from the words written into the deed.
A general warranty deed guarantees clear title against all claims, including title defects that arose before the seller owned the property, and promises to defend the buyer if a claim is made. In Vermont those covenants (seisin, right to convey, freedom from encumbrances, quiet enjoyment, and the covenant to warrant and defend) come from the language of the deed and common law, because Vermont does not codify a statutory warranty deed form or fixed warrant-and-defend words.
Vermont uses the warranty deed, not a grant deed. Unlike California, which relies on a codified grant deed, Vermont's standard instrument for a sale is a warranty deed carrying full covenants of title, and the quitclaim deed is used when the grantor conveys without warranty. Vermont does not codify a short-form deed, so the level of protection is set by the covenant language written into the instrument.
You record the signed, notarized deed with the clerk of the town where the land lies, because Vermont keeps land records at the town level rather than the county level (27 V.S.A. Section 341(a); Section 342). The grantor's signature must be acknowledged before a notary public first. A completed Property Transfer Tax Return, Form PTT-172, is delivered to the town clerk with the deed, and recording fees run 15 dollars per page (32 V.S.A. Section 1671). Record promptly, because an unrecorded deed is not effective against later purchasers.
Vermont does not require an attorney to prepare or record a deed; an individual may prepare and record their own warranty deed. Because a deed transfers title and a mistake in the legal description, the covenants, or the homestead joinder can be expensive to fix, many people in Vermont have the deed reviewed before recording. DocDraft prepares your Vermont deed from your facts, with attorney review available as an option before you record.
It must be notarized. Before a Vermont deed can be recorded, the grantor's signature has to be acknowledged before a notary public (27 V.S.A. Section 341(a)). Vermont does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is what allows the town clerk to record it. The current statute requires the grantor's signature and acknowledgment only.
Usually yes when the property is sold. Vermont imposes a Property Transfer Tax of 1.25 percent of value in general, with a lower 0.5 percent rate on the first 200,000 dollars of a principal residence and 1.25 percent above that, and 3.4 percent for a non-principal residence, plus a 0.22 percent Clean Water Surcharge (32 V.S.A. Sections 9602 and 9602a). The tax is reported on Form PTT-172 delivered to the town clerk with the deed (Section 9606). Transfers between spouses, parent and child, and certain court-ordered transfers can be exempt.
If the property is your homestead and you are married, yes. Under 27 V.S.A. Section 141(a) a married owner cannot convey a homestead unless the spouse joins in the execution and acknowledgment of the deed, and a conveyance without that joinder is inoperative as to the homestead. Vermont is not a community property state, so this is a homestead-protection rule rather than a community-property one. Confirm whether the property is a homestead before signing.