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Vermont Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for Vermont on
Q: How to stop someone from using my property after 30 years of presumed class four road usage?

I recently discovered that a path on my property, thought to be a class four road, is actually private land. I want to stop an individual who has been driving over it with verbal permission for the past 30 years. I've confirmed property ownership with a legal survey. No formal easement or... View More

Anthony M. Avery
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answered on May 1, 2025

The driver may have an easement by prescription or other methods creating easements. If you lock the gate he may destroy it or sue you. Then you have to defend yourself. If he is an adjoining landowner, his easement must be in your chain of title, not his. Search both titles, Litigation... View More

1 Answer | Asked in Foreclosure, Consumer Law, Civil Litigation and Real Estate Law for Vermont on
Q: Can I sue my mortgage lender for unlawful foreclosure practices?

I want to know if I can sue my mortgage lender due to unlawful practices undertaken to foreclose on my home. After a COVID forbearance, I was instructed to file paperwork to reinstate my loan. Despite submitting the required documents, bank representatives provided conflicting and deceitful... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, you may have legal grounds to sue your mortgage lender if they engaged in deceptive, unfair, or unlawful foreclosure practices. Misrepresenting the status of your loan reinstatement, losing submitted documents, and sending notices to wrong addresses can be strong indicators of bad faith and... View More

1 Answer | Asked in Real Estate Law for Vermont on
Q: When the owner of the property be able to sell their property without signoff from joint tenants per Quir Claim deed.

Quit Claim Deed

Anthony M. Avery
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answered on Sep 3, 2024

Not sure of your question... But any tenant in common can convey their individual titled interest. However a buyer will want the entire title, so he wants all owners to convey. Otherwise he becomes a TIC with the other owners.

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Vermont on
Q: is my landlord allowed to come into my apartment every month for check-ins, showings, and "fixes"?

My landlord has been in my apartment at least once every month since i signed a lease last year. Each time has been to look at work he wanted us to do, show the apartment to buyers and realtors, look at things that he claimed needed updating, and hiring people off the street to come in to do... View More

Kevin Lumpkin
Kevin Lumpkin
answered on Sep 26, 2023

Your landlord is permitted to enter your unit for one of four reasons:

(1) when necessary to inspect the premises;

(2) to make necessary or agreed repairs, alterations, or improvements;

(3) to supply agreed services; or

(4) to exhibit the dwelling unit to prospective...
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1 Answer | Asked in Estate Planning and Real Estate Law for Vermont on
Q: Can an estate executor force an heir to sell their share of real estate?
Nina Whitehurst
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answered on Mar 27, 2022

The answer to your question is yes and no. Yes, either of your sisters could GO TO COURT and force A SALE of the property. So, no, neither of them can force you to sell without obtaining a court order. But, yes, they could obtain a court order and force a sale of the property. So, knowing that,... View More

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