Vermont Statutes Annotated
Vt. Stat. Ann. tit. 27, § 601 (2026)
Requirements
✓ current as of May 2026
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Subchapter 007 : MARKETABLE RECORD TITLE
(Cite as: 27 V.S.A. § 601)-
§ 601. Requirements
(a) Any person who holds an unbroken chain of title of record to any interest in real estate for 40 years shall at the end of that period be deemed to have a marketable record title to the interest, subject only to such claims to the interest and such defects of title as are not extinguished or barred under this chapter, and such interests, limitations, or encumbrances as are inherent in the provisions and limitations contained in the muniments of which the chain of record title is formed which have been recorded during the 40-year period.
(b) For purposes of this section and sections 602 and 603 of this title, “person” shall mean and include any natural person, firm, partnership, corporation, association, executor, administrator, guardian, trustee, fiduciary, or any other legal entity, excepting the State of Vermont, political subdivisions of the State, and the United States. (Added 1969, No. 235 (Adj. Sess.), § 2.)
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1983–2025 · leading case: Merritt v. Merritt, 500 A.2d 534 (Vt. 1985).
Merritt v. Merritt, 500 A.2d 534 (Vt. 1985). “Defendants raise the following issues on appeal: (1) the findings are not supported by properly admissible evidence; (2) the findings do not support the conclusions; and (3) Vermont’s Marketable Record Title Act, 27 V.S.A. § 601 et seq., bars the estate’s claim against the…”
Cupola Golf Course, Inc. v. Dooley, 2006 VT 25, 898 A.2d 134. “Developers raised further summary judgment issues, claiming that the covenant was voided by the Marketable Record Title Act, 27 V.S.A. § 601 et seq., as well as a change of circumstances, statute of limitations, waiver, laches and estoppel.”
Traders, Inc. v. Bartholomew, 459 A.2d 974 (Vt. 1983). “§§ 601 — 606; and in the alternative, they contend that any such way was extinguished in 1958, when the plaintiff’s predecessors in title acquired a prescriptive easement, over the way, thus eliminating the element of strict necessity. We dispose of these contentions in turn.”
Matthew Gray & Erik Gray v. Martha Treder, John Muscarelle, Robert Muscarelle, Joseph Muscarelle, III, Anne Herrera, Edward F. Godfrey, Judith C. Godfrey, 2018 VT 137, 204 A.3d 1117. “The Marketable Record Title Act provides that "[a]ny person who holds an unbroken chain of title of record to any interest in real estate for 40 years, shall at the end of that period be deemed to have a marketable record title to the interest" that is "subject only to such…”
Gray v. Treder, No. 88 (Vt. Super. Ct. May 14, 2015). “The Marketable Record Title Act Defendants argue that any such way of necessity is no longer valid under Vermont’s Marketable Record Title Act, 27 V.S.A. §§ 601–616. The Act provides that one who “holds an unbroken chain of title of record to any interest in real estate for 40…”
Odonnell v. Clough, No. 21-cv-261 (Vt. Super. Ct. Oct. 1, 2025). “Based on this concession, the Court need not explore the issues of notice, cloud on title, or the Vermont Marketable Record Title Act (27 V.S.A. §§ 601, et seq.) that might come into play if a party sought to dispute whether a deeded easement was within the chain of title or of…”
Thomas Chase, Harold Chase & Ralph Chase v. Taft Hill Tree Farm, Inc., Eric Scott & Patricia Scott, No. 2014-092 (Vt. Sept. 26, 2014). “We do not rest our affirmance of the trial court’s award of summary judgment on the theory that plaintiffs acquiesced to the boundary reflected in the Dauchy survey. 4 Plaintiffs fault the trial court for failing to analyze their claims using the statutory definition of…”
Nummelin v. Huneck, No. 38 (Vt. Super. Ct. Nov. 29, 2004). “27 V.S.A. §601 (a). Successors in interest may claim the benefit of periods of holding by their predecessors, and any right not preserved by an exception may only be preserved by a written notice filed within the forty year period.”
Vt. Stat. Ann. tit. 27, § 601(a): 4 cases
Merritt v. Merritt, 500 A.2d 534 (Vt. 1985). “Defendants raise the following issues on appeal: (1) the findings are not supported by properly admissible evidence; (2) the findings do not support the conclusions; and (3) Vermont’s Marketable Record Title Act, 27 V.S.A. § 601 et seq., bars the estate’s claim against the…”
Matthew Gray & Erik Gray v. Martha Treder, John Muscarelle, Robert Muscarelle, Joseph Muscarelle, III, Anne Herrera, Edward F. Godfrey, Judith C. Godfrey, 2018 VT 137, 204 A.3d 1117. “The Marketable Record Title Act provides that "[a]ny person who holds an unbroken chain of title of record to any interest in real estate for 40 years, shall at the end of that period be deemed to have a marketable record title to the interest" that is "subject only to such…”
Thomas Chase, Harold Chase & Ralph Chase v. Taft Hill Tree Farm, Inc., Eric Scott & Patricia Scott, No. 2014-092 (Vt. Sept. 26, 2014). “We do not rest our affirmance of the trial court’s award of summary judgment on the theory that plaintiffs acquiesced to the boundary reflected in the Dauchy survey. 4 Plaintiffs fault the trial court for failing to analyze their claims using the statutory definition of…”
Gray v. Treder, No. 88 (Vt. Super. Ct. May 14, 2015). “The Marketable Record Title Act Defendants argue that any such way of necessity is no longer valid under Vermont’s Marketable Record Title Act, 27 V.S.A. §§ 601–616. The Act provides that one who “holds an unbroken chain of title of record to any interest in real estate for 40…”
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