Property Surveys in Vermont: What Buyers and Sellers Should Know
One of the common questions Vermont homebuyers and sellers ask during a real estate transaction is whether a property must be surveyed before it can be sold. The short answer is no. Vermont law does not require a property survey before a sale. That said, the lack of a survey can create legal and financial risks that buyers and sellers should understand before closing.
No General Survey Requirement Under Vermont Law
Unlike some states, Vermont does not have a statute that requires a property survey as a condition of sale. Many Vermont properties change hands without a new survey, particularly older homes, rural properties, and transactions where the parties are familiar with the land.However, the absence of a legal requirement does not mean a survey is unnecessary or unimportant. In many transactions, a survey plays a critical role in confirming what is actually being conveyed.
Even though Vermont law does not mandate a survey, one may still be required by other parties involved in the transaction.
Lenders sometimes require a survey, particularly when boundary issues, acreage, or improvements near property lines could affect the collateral. Title insurance companies may also require a survey, or may exclude coverage for boundary or encroachment issues if no survey is provided.
Municipal approvals, subdivisions, or recent boundary adjustments almost always require a survey, and the survey may need to be recorded in the land records before closing.
There are many situations in which a Vermont real estate attorney will strongly recommend a survey even if no one formally requires it.
If the property has never been surveyed, or if the most recent survey is very old, a new survey can help avoid disputes. This is especially true in Vermont, where property descriptions may rely on stone walls, trees, or historic landmarks that no longer exist.
Surveys are also important when fences, driveways, buildings, or septic systems appear close to boundary lines. Encroachments are common in Vermont and are often discovered only after closing if no survey is obtained.
Waterfront property, large acreage, undeveloped land, and properties with shared driveways or rights of way are also strong candidates for a survey. In these cases, understanding the exact boundaries and access rights can be essential to the buyer’s intended use of the property.
A survey helps confirm that the legal description in the deed matches the land on the ground. Without a survey, buyers often rely on assumptions that may not be accurate.
From a legal standpoint, surveys also interact with title insurance. If no survey is provided, the title insurance policy may exclude coverage for matters that would have been disclosed by a survey. That means the buyer may be assuming risk without realizing it.
Yes. Buyers frequently waive surveys, particularly in competitive markets. However, doing so should be a conscious decision made with an understanding of the potential consequences.
A Vermont real estate attorney can help a buyer evaluate whether waiving a survey is reasonable based on the property type, history, and intended use. What may be acceptable for a small residential lot in a subdivision may be risky for rural land or property with complex boundaries.
Determining whether a survey is needed is not a one size fits all decision. A Vermont real estate attorney reviews the deed, title history, municipal records, and transaction details to identify risks that a survey could address.
In some cases, an attorney may recommend obtaining an existing recorded survey rather than commissioning a new one. In others, a new survey may be the best way to protect the client’s interests before closing.
Vermont properties do not have to be surveyed before sale, but that does not mean a survey is unnecessary. Surveys play an important role in identifying boundary issues, protecting buyers, and reducing legal risk.
If you are buying or selling property in Vermont and have questions about surveys, title issues, or closing requirements, working with an experienced Vermont real estate attorney can help ensure the transaction proceeds smoothly and with fewer surprises.
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Buying or selling real estate in Vermont involves more than agreeing on a price. One of the most important but often misunderstood protections is title insurance. Many buyers ask whether it is truly necessary. The short answer is that while Vermont law does not require title insurance, it is often a smart and valuable safeguard. What Is Title Insurance? Title insurance is a policy that protects property owners and lenders against financial loss due to defects in the title. A title defect is any issue that could affect ownership rights, such as unknown liens, unpaid taxes, errors in public records, undisclosed heirs, boundary disputes, or forged documents. Unlike other types of insurance, title insurance protects against past problems, not future events. Is Title Insurance Required in Vermont? No, Vermont law does not require buyers to purchase title insurance. However, most lenders will require a lender’s title insurance policy if you are financing the purchase. An owner’s policy is optional, but strongly recommended. If you are paying cash, no one will require title insurance, but that does not eliminate the underlying risks. What Does a Title Search Do? Before issuing a policy, a real estate attorney performs a title search by reviewing land records to confirm that the seller has clear ownership. While this process is thorough, it is not foolproof. Some issues cannot be discovered through a title search alone, including hidden defects in the chain of title, clerical recording mistakes, fraud, forgery, or missing heirs. Title insurance provides protection against these risks even after the closing. Owner’s Policy vs Lender’s Policy Understanding the difference is important. A lender’s title insurance policy is required by most mortgage lenders and protects only the lender’s financial interest in the property. It does not protect the buyer. An owner’s title insurance policy is optional but protects your equity and ownership rights for as long as you own the property. Without an owner’s policy, you could be responsible for legal fees or financial losses if a title issue arises. Why Title Insurance Matters in Vermont Vermont’s real estate landscape makes title insurance especially important. Many properties have long ownership histories that go back generations. Boundary lines may be based on old surveys or informal agreements. Rights of way and shared access roads are common, and some easements may be unrecorded or poorly documented. These factors increase the likelihood of title issues that may not be immediately obvious at the time of purchase. What Does Title Insurance Cost? Title insurance is typically a one-time premium paid at closing. The cost varies based on the purchase price but is relatively small compared to the protection it provides. There are no ongoing premiums. What Happens If You Do Not Have Title Insurance? If a title issue arises after closing and you do not have an owner’s policy, you may face legal costs to defend your ownership, loss of part of your property rights, or financial loss if another party has a valid claim. In some cases, ownership itself could be at risk. When Might You Consider Skipping It? Some buyers consider skipping title insurance when purchasing property from a close family member or when the property has a very recent and well-documented title history. Even in these situations, risks can still exist, and legal advice is important before deciding to go without coverage. The Bottom Line While title insurance is not required in Vermont, it is one of the most effective ways to protect your investment in real estate. For most buyers, especially those unfamiliar with the property’s history, an owner’s policy provides peace of mind and financial protection that far outweighs the cost. How Peet Law Group Can Help Peet Law Group guides buyers and sellers through every stage of the Vermont real estate process. This includes conducting thorough title searches, identifying and resolving title issues, advising on title insurance coverage, and handling closings efficiently and accurately. With offices in Williston and White River Junction, the firm focuses exclusively on Vermont real estate law and provides practical, experienced guidance tailored to each transaction. Frequently Asked Questions Do I need title insurance if I am paying cash? No, but it is still strongly recommended to protect your ownership rights. Does title insurance cover boundary disputes? It may cover certain disputes depending on the policy and circumstances. Is title insurance a one-time cost? Yes, it is paid once at closing and lasts as long as you own the property. Can title issues really happen after a closing? Yes. Some problems, such as fraud or undiscovered heirs, may only surface later. If you are buying or selling property in Vermont and have questions about title insurance, working with an experienced real estate attorney can help you avoid costly mistakes and protect your investment.
The Peet Law Group is proud to announce that it has once again been recognized as the Best Real Estate Law Firm in Vermont by Vermont Business Magazine’s prestigious Best of Business (BOB) Awards. This honor marks another consecutive win for the firm, continuing an unbroken streak that began in 2019. A Trusted Leader in Vermont Real Estate Law The BOB Awards are determined by the votes of Vermont business professionals, making this recognition especially meaningful. It reflects the confidence that clients, lenders, real estate professionals, and industry peers place in Peet Law Group year after year. Peet Law Group is dedicated exclusively to Vermont real estate law, providing comprehensive legal services across the entire state. The firm represents: • Buyers and sellers in residential and commercial transactions • Lenders and financial institutions • Real estate investors and developers • Property owners With offices in Williston and Hartford (White River Junction), the firm handles transactions and legal matters throughout Vermont, offering deep local knowledge combined with efficient, responsive service. Commitment to Excellence and Client Service Since its founding, Peet Law Group has built a reputation for: • Precision and attention to detail in real estate transactions • Clear communication and practical legal guidance • Reliable and timely closings • Strong relationships with Vermont’s real estate community Winning the BOB Award consecutively since 2019 highlights the firm’s continued commitment to delivering high-quality legal services in an ever-changing real estate landscape. Thank You to Our Clients and Partners This recognition would not be possible without the continued support of our clients and professional partners. We extend our sincere gratitude to: • Home buyers and sellers who trust us with important life decisions • Lenders and banks who rely on our experience and consistency • Realtors, brokers, and title professionals who collaborate with us every day Your confidence and partnership drive everything we do. Looking Ahead Peet Law Group is honored by this recognition and views it as both a milestone and a responsibility. We are proud of what we have accomplished and re-dedicated to supporting our clients with the same high level of service, responsiveness, and expertise that earned this award. As Vermont’s real estate market continues to evolve, Peet Law Group remains committed to being a trusted legal partner for clients across the state.