How to Access Property Records in Vermont

What Information Can You Find in Vermont Property Records?

A property history search can unearth many surprising details about a piece of real property. Some records contain less information and some more. Many of them will overlap. One thing is sure: they are very handy in many situations.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

One of the most common types of property records in Vermont is deeds. They transfer ownership of the property and verify the title. Title companies and attorneys create deeds during real estate transactions, which are then filed/recorded with the town clerk and become public records.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Property taxes are very important for local government. They cover the expenses for road maintenance, schools, emergency services (fire, police, EMTs), and government salaries. Each homeowner must pay their share of the financial burden through property taxes.

Vermont's average effective property tax rate is 1.56% of the assessed value. Each town or city sets its own tax rates, but the Vermont Department of Taxes oversees all taxes.

Property tax records usually include the following information:

• Tax Rate - Each property in Vermont falls under a taxing jurisdiction with a different tax rate. The total rate should appear in the document as it is the base of calculations.
• Tax Exemptions - Some properties qualify for tax reliefs, known as exemptions. If any exemptions apply, the document will outline them, plus the amount.
• Assessed Value - The assessed value is the property's current economic value. Officials use this value to calculate property taxes, so it should appear in the document.
• Payment History - The document may include a history of payments made towards the property taxes.
• Contribution Methods - The record may show the approved methods of paying the taxes, plus unique numbers they may use for the payments.
• Taxing Districts - Each jurisdiction has taxing districts with various tax rates. The document may include a breakdown of the taxing districts.

Building Permits and Regulations in Vermont

You must obtain a building permit before building a new house, demolishing a building, or renovating a home. Each town has its own office and application process. The Vermont Agency of Natural Resources and Department of Environmental Conservation provides more details about building codes and how to apply for a building permit.

Property Liens and Encumbrances in Vermont

Liens are encumbrances that negatively affect real property and its owners. They appear in property records for anyone to see. Too many liens lower a property's value and can make it harder to sell. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those over which you have control. You can use your house as collateral to secure a loan. The lender places the lien on the house for the duration of the loan. If the homeowner fails to repay the loan, they can foreclose and sell the property to get back their money.

• Mortgage Liens - Mortgages are very common. Anyone who borrows money to buy a property will have a mortgage. Even voluntary liens like mortgages can lead to foreclosure and the loss of your home.

  Information on mortgages includes the following:

  • Loan Terms - This document outlines the repayment schedules, the length of the loan, and penalties for late or missed payments.
  • Lender's Information - The document should provide information about the lender or lien holder, such as their name and contact details.
  • Property Details - The document will describe the property under mortgage by number, address, and other markers.
  • Total Amounts - This record identifies the initial borrowed amount, interest rate, and total repayable amount.

Involuntary Liens

Unfortunately, you don't have control over involuntary liens. They are imposed against your property when you fail to pay a debt. These are serious liens that almost always lead to foreclosure and loss of the home.

• Mechanic's Liens - If someone works on your property and you fail to pay them what you owe, they can put a mechanic's lien on the property and eventually foreclose and sell the house. Contractors, subs, material suppliers, and architects can use mechanic's liens. They do have to sue you in court to enforce the lien.
• Tax Liens - The local tax authority can impose a lien on your property if you do not pay your annual property taxes. In Vermont, that entity is the tax assessor. Tax liens are drastic, and the assessor can foreclose and sell your house at auction if you fail to pay the taxes.
• Judgment Liens - Creditors use judgment liens the same way contractors use mechanic's liens. They must take you to court, and if the judge rules in their favor, they can foreclose and sell your house.

The Process of Property Liens in Vermont

Placing a lien on a property in Vermont differs according to the type of lien. Here is a breakdown of how to place the most common lien on a property, the mechanic's lien in Vermont:

• Vermont does not require lien notice before filing a lien. However, individuals may send a notice to the property owner to inform them of the debt and their intention to file the lien.
• Filling out the lien form is the next step. Vermont statutes only require two key pieces of information: the due date of the payment and the claimant's signature. However, individuals are encouraged to provide more details to strengthen the lien against challenges. Therefore, individuals can include information such as the property's details, the owner's information, the amount due, and a description of the labor or materials.
• The third step is filing the lien with the Town Clerks in the corresponding jurisdiction. The deadline to file the lien is 180 days after the due payment date. Individuals may record the lien by mail or in person with the correct fees. They may attach their contracts to strengthen the lien claim. After this, the claimant has 180 days to enforce the lien.

Easements and Covenants

Easements and covenants are special circumstances that affect real property. They accompany deeds and spell out any rules that must be followed.

Easements are rights of way that allow someone other than the owner to access the land for a specific purpose. A utility company with poles installed on private land is a good example. The company can access the poles to maintain them without first asking.

Covenants, on the other hand, are rules about how the land can be used. They are most often seen in condo developments and gated communities. An example might be a property located near a wildlife preserve. There would be prohibitions about building or disturbing the wildlife.

Plats and Surveys

Both plats and surveys are types of maps. Surveys show a particular property's boundaries and map coordinates, while plats also show the boundaries of other nearby properties.

Property Descriptions and Boundaries in Vermont

Every piece of real property in Vermont has a legal property description. These descriptions include map coordinates, boundaries, and other information, such as natural landmarks, making them easy to find. They appear in property records such as deeds, appraisals, mortgages, building permits, and others.

Surveys and Land Measurements

Surveys measure the land to map out each parcel's exact boundaries and coordinates. They are necessary before new construction, installing underground utilities, and resolving boundary disputes.

Types of land surveys in Vermont include:

• Boundary Survey - Boundary surveys establish a property's true boundaries through previously recorded markers and newly established landmarks.
• Mortgage Survey - Mortgage or boundary marking surveys determine land boundaries and building locations. They are requested by title companies and lenders who provide financial assistance.
• Topographic Survey - Topographic surveys locate man-made and natural features such as improvements, fences, buildings, trees, elevations, and land contours.
• Subdivision Survey - Surveyors perform this survey to subdivide large pieces of land into smaller tracts.
• Septic System Engineering Design Plan - These surveys determine the placement of water supply sources and septic systems according to Vermont ANR rules.

Boundary disputes are all too common. They occur when one neighbor believes another is encroaching on their land and crossing boundaries. Often, the neighbors take things to court to let a judge decide. The courts use professional surveyors to provide information to settle the matter.

Foreclosures

Foreclosures appear in property records, damaging the owner's financial reputation. Selling a house in foreclosure is more complex, and many regular buyers won't want to deal with the hassles, but investors don't mind.

Pre-foreclosure homes are a target for investors who want to buy them cheaply and then sell them for a profit. The homeowner will sometimes jump at the chance to avoid foreclosure and get out of debt.