The term “land records” generally designates the series of books in the custody of the
municipal clerk in which instruments affecting real estate are recorded. Land record
maps and plats are also considered land records and are filed in the municipal clerk’s
office. Under 24 V.S.A. § 1154, the clerk is mandated to record in the land record books
provided by the town:
– instruments or evidences respecting real estate;
– writs of execution, other writs or the substance thereof, and the returns thereon;
– municipal land-use permits …, notices of violations relating to municipal land use;
– denials of municipal land-use permits;
– survey plat maps; and
– other instruments delivered to the town clerk for recording.
Due to liability concerns, Town employees will not conduct title or deed searches or provide legal advice regarding land transfers.
A clerk may charge $4.00 per hour for the examination of the town’s municipal records or public records by others. “For examination of records by a municipal clerk, a fee of $5.00 per hour may be charged, but not more than $25.00 for each examination on any one calendar day.” 32 V.S.A. § 1671(3)(4).
Recording – $15/page
Property Transfer Tax Return – $15/return
Survey Plats – $25
Copy of vault records – $1/page
Refusing to record a deed:
State statute prohibits a clerk from recording or receiving for recording any deed which is submitted without (1) evidence of payment of any property transfer tax owed, and (2) a certificate of compliance with 10 V.S.A. Chapter 151 (State Land Use Law or Act 250). 32 V.S.A. § 9608.
When a deed or other conveyance of land includes a reference to a survey prepared or revised after July 1, 1988, the clerk may refuse to file it unless it is accompanied by a copy of the survey or cites the book and page in the land records showing where the survey has been previously recorded. 27 V.S.A. § 341(b).
In addition, the clerk may refuse to record documents unless the proper fees are paid.