Vermont Warranty Deed

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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).

3. 3

   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.

4. 4

   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.

5. 5

   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.

6. 6

   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).

7. 7

   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.

Vermont Requirements for Warranty Deed

• Title Guarantee and Covenants

  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.

• Warranty Deed vs Quitclaim

  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 with the Town Clerk

  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.

• Notary Acknowledgment, No Witnesses

  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.

• Property Transfer Tax and Form PTT-172

  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).

• Legal Description and Parties

  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.

• Spouse Joins for Homestead Property

  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.

• General vs Special Warranty: Choosing the Instrument

  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.