Vermont Statutes Annotated
Vt. Stat. Ann. tit. 27, § 342 (2026)
Acknowledgment and recording required
✓ current as of May 2026
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Subchapter 002 : EXECUTION AND ACKNOWLEDGMENT
(Cite as: 27 V.S.A. § 342)-
§ 342. Acknowledgment and recording required
A deed of bargain and sale, a mortgage or other conveyance of land in fee simple or for term of life, or a lease for more than one year from the making thereof shall not be effectual to hold such lands against any person but the grantor and his or her heirs, unless the deed or other conveyance is acknowledged and recorded. (Amended 2017, No. 160 (Adj. Sess.), § 3, eff. July 1, 2019.)
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1964–2026 · leading case: Spaulding v. HE Fletcher Co., 205 A.2d 556 (Vt. 1964).
Spaulding v. HE Fletcher Co., 205 A.2d 556 (Vt. 1964). “Our recording act is found in 27 V.S.A. §342: “A deed of bargain and sale, a mortgage or other conveyance of land in fee simple or for term of life, or a lease for more than one year from the making thereof shall not be effectual to hold such lands against any person but the…”
Green Mountain Bank v. Bruehl, 536 A.2d 554 (Vt. 1987). “§ 342 states that, “a lease for more than one year from the making thereof shall not be effectual to hold such lands against any person but the grantor and his heirs, unless the deed or other conveyance is acknowledged and recorded . . . .”
Merritt v. Merritt, 500 A.2d 534 (Vt. 1985). “Thus, they explain, a grantee who examines a real estate record and finds an unbroken chain of title extending for forty years is entitled to take the property he purchases against all unrecorded claims.”
Hemingway v. Shatney, 568 A.2d 394 (Vt. 1989). “1 Vermont’s recording statute, 27 V.S.A. § 342, does not require that a subsequent purchaser without notice also be one “[w]hose conveyance is first duly recorded.”
Obuchowski v. Assocs. Nat'l Mortg. Ass'n (In re Briggs), 186 B.R. 830 (Bankr. D. Vt. 1995). “From the foregoing the conclusion is inevitable that an assignment is not a conveyance of real estate requiring two witnesses and an acknowledgement under 27 V.S.A. § 342. Platte Valley Funding, L.”
Bosley v. BAC Home Loan Servicing L.P. (In Re Bosley), 446 B.R. 79 (Bankr. D. Vt. 2011). “27V.S.A. § 342. Under Vermont law, however, there is a “constructive notice” exception to the general rule that a mortgage deed must be recorded to be valid: the mortgage deed is valid as against a bona fide purchaser with constructive notice of the lien, even if it has not been…”
Mortg. Lenders Network, USA v. Sensenich, 313 F.3d 93 (2d Cir. 2002). “Vt. Stat. Ann. tit. 27, § 342 . Rather, the Us pendens provision merely stipulates that the filing of the foreclosure complaint establishes constructive notice of the foreclosure itself.”
Kinneston v. Raiche (Vt. Super. Ct. 2026). “Jean Raiche 27 V.S.A. § 342; see 2017, No. 160 (Adj. Sess.”
Ninevah v. Lorentz (Vt. Super. Ct. 2005). “It is clear that Vermont’s recording act, 27 V.S.A. § 342, applies to the covenants contained in the Wilderness-Jefferson Agreement if they are interests in land.”
Wolinsky v. Frye (Bankr. D. Vt. 2020). “at 401 , and since mortgage liens in Vermont are perfected by recordation with the land records, 27 V.S.A. § 342, the Joint Bank Lienholders maintain their lien on the Insurance Proceeds was choate as of the mortgage recordation date.”
Merchants Bank v. Bouchard, 568 A.2d 412 (Vt. 1989). “While this is not a classic grantor/grantee situation, we hold today that a grantor is estopped to assert title against a grantee because of improper attestation of the grant instru *12 ment, where the grantor’s acknowledgement is taken in proper form under 27 V.S.A. § 342. See…”
In Re Stanzione, 404 B.R. 762 (D. Vt. 2009). “1997); see also Vt. Stat. Ann. tit. 27, § 342 (stating that a mortgage shall not be "effectual to hold such lands against any person but the grantor and his heirs" unless it is properly acknowledged and recorded).”
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