Vermont Statutes Annotated
Vt. Stat. Ann. tit. 12, § 4765 (2026)
Damages; transfer of title pending action
✓ current as of May 2026
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Subchapter 001 : GENERAL PROVISIONS
(Cite as: 12 V.S.A. § 4765)-
§ 4765. Damages; transfer of title pending action
If judgment is rendered for the plaintiff in an action of ejectment, he or she shall recover his or her damages and the seisin and possession of the premises. If the title of the plaintiff expires or is conveyed by him or her after the commencement of such action, the suit shall not thereby fail, but the plaintiff may recover judgment for his or her damages for the detention of the premises during the continuance of his or her title, with costs.
Notes of Decisions
Cited in 7
cases (4 in the last 5 years), 2005–2025 · leading case: Kellogg v. Shushereba, 2013 VT 76 (Vt. 2013).
Kellogg v. Shushereba, 2013 VT 76 (Vt. 2013). “§ 4761, with such “damages” as would be due under 12 V.S.A. § 4765. [9] We have explained that the reference to “damages” in that context refers to “mesne profits.”
Karen Wynkoop v. Gerard Stratthaus, 2016 VT 5 (Vt. 2016). “§ 5161 and compensation for ouster under 12 V.S.A. § 4765. Defendant Gerard Stratthaus appeals the trial court’s property division and compensation to plaintiff.”
Northgate Hous. Ltd. v. Massie (Vt. Super. Ct. 2005). “12 V.S.A. § 4765. These will be offset by the security deposit landlord has reatined.”
leblanc v. Est. of snelgrove (Vt. Super. Ct. 2024). “Snelgrove, 2015 VT 112, ¶ 58 (noting that the fourth element of an unlawful mischief requires the establishment of damages); 12 V.S.A. § 4765; Kellogg v. Shushereba, 2013 VT 76, ¶ 23 (noting that damages under an action for ejectment are mesne profits); Bean v.”
Est. of Donald Crofut v. Sean Hammond (Vt. 2024). “§ 4761, with such ‘damages’ as would be due under 12 V.S.A. § 4765”); see also 12 V.S.A. § 4761 (“A person having claim to the seisin or possession of lands, tenements, or hereditaments shall have an action of ejectment, according to the nature of the case .”
Kelley v. Kelley (Vt. Super. Ct. 2025). “§ 4761, with such ‘damages’ as would be due under 12 V.S.A. § 4765,” as “measured by the rental value of the premises” and any other “gains prevented” or “losses sustained.”
Eastman v. Morrill (Vt. Super. Ct. 2025). “§ 4761, with such ‘damages' as would be due under 12 V.S.A. § 4765,” as “measured by the rental value of the premises” and any other “gains prevented” or “losses sustained.”
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