VT Bar Property Flashcards

In Vermont, the recording act is which type?

Answer: Race-notice statute

Vermont follows a race-notice recording statute, requiring a subsequent purchaser to record first AND take without notice of prior conveyances to prevail.

A fee simple absolute is best described as which of the following?

Answer: The most complete form of property ownership with no conditions or limitations

A fee simple absolute is the most complete form of real property ownership, lasting forever with no conditions, limitations, or possibility of reversion.

Under Vermont law, adverse possession requires possession that is open, notorious, hostile, exclusive, and continuous for how many years?

Answer: 15 years

Vermont requires 15 years of open, notorious, hostile, exclusive, and continuous possession to establish a claim of adverse possession.

Which type of co-tenancy includes a right of survivorship so that a deceased co-owner's interest automatically passes to the surviving co-owner?

Answer: Joint tenancy

Joint tenancy includes the right of survivorship, meaning that upon a joint tenant's death, their interest automatically vests in the surviving joint tenant(s).

An easement appurtenant benefits which party?

Answer: The owner of the dominant estate

An easement appurtenant benefits the owner of the dominant estate and runs with that land upon transfer.

In Vermont, which doctrine allows a court to reform a deed that fails to reflect the parties' true agreement due to mutual mistake?

Answer: Reformation

Reformation is the equitable remedy that corrects a written instrument, including a deed, to reflect the parties' actual agreement when mutual mistake caused a discrepancy.