Vermont Complaint for Partition of Real Property

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Multi-State
Control #:
US-02663BG
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Description

A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.


A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.

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FAQ

Vermont adverse possession laws require a 15-year period of occupation before he or she may claim title to the property. A continuous trespasser must meet the following criteria in order to have a legitimate claim on a piece of property: Thank you for subscribing!

In Vermont, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.

The adverse possessor must either: Have a defective document which tries (but fails) to transfer title of the property to the possessor (?color of title?), or. The possessor must actually occupy the property with the intent to claim the title to the property (?claim of right?).

Vermont adverse possession laws require a 15-year period of occupation before he or she may claim title to the property. A continuous trespasser must meet the following criteria in order to have a legitimate claim on a piece of property: Thank you for subscribing!

Identify and mark your property boundaries. Inspect your land regularly for signs of trespassers. You may want to use ?no trespassing? signs and block entrances with gates. Although many states will not find a ?no trespassing? sign sufficient to prevent an adverse possession claim, it's a good way to deter trespassers.

Defamation is when one person makes a materially harmful false statement of fact about another person, business, or entity. Vermont's defamation laws mirror federal slander and libel standards.

Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.

A person who designedly by false pretenses or by privy or false and with intent to defraud, obtains from another person money or other property, or a release or discharge of a debt or obligation, or the signature of a person to a written instrument, the false making whereof would be punishable as forgery, shall ...

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Vermont Complaint for Partition of Real Property