Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
When recording real property documents in Vermont, the town or city clerk requires clear proof of identity and authority for each person claiming an interest. This ensures proper chain of title and prevents fraud.
1. Natural Persons
Grantors, grantees, trustees, and other individual parties must provide:
- Full legal name, including any aliases or former names.
- Current mailing address and contact information.
- Government-issued photo identification, such as a driver’s license or passport.
- Original signature with an acknowledgment before a notary public. See 27 V.S.A. § 1562: legislature.vermont.gov/statutes/section/27/005/01562.
2. Agents and Attorneys-in-Fact
If an agent signs on behalf of a principal under a power of attorney, submit:
- A certified copy of the power of attorney meeting the requirements of 14 V.S.A. § 3505: legislature.vermont.gov/statutes/section/14/031/03505.
- Verification that the power of attorney was effective on the date of signing.
- Agent’s government-issued photo ID.
3. Corporations and LLCs
For corporate or LLC interests, provide:
- Certified copy of a corporate resolution or LLC operating agreement authorizing the conveyance.
- Certificate of Good Standing from the Vermont Secretary of State (11A V.S.A. § 1302: legislature.vermont.gov/statutes/section/11A/013/01302).
- Name and title of the officer or manager signing the document.
- Officer’s or manager’s government-issued photo ID.
4. Trustees and Fiduciaries
Trustees, executors, and administrators must submit:
- Certified copy of the trust agreement or a certificate of trust (14 V.S.A. § 3503: legislature.vermont.gov/statutes/section/14/031/03503).
- Letters testamentary or administration from the probate court for estates.
- Proof of authority to act, such as court orders or letters.
5. Title Insurance and Tax Statements
While not required for recording, many title companies request:
- Recent title search or title insurance commitment.
- Property tax account number.
- Current tax payment receipt or statement.
Helpful Hints
- Verify that all names match exactly in spelling and punctuation.
- Obtain original or certified copies only—clerks do not accept photocopies.
- Include sufficient property description (book and page or instrument number).
- Check recording fees and any transfer tax requirements with your local clerk.
- Consult a real estate attorney or title company for complex transactions.