When you’re buying real estate in Vermont, one of the most important steps in the process is the title search. A title search confirms that the seller truly owns the property and has the legal right to transfer it. It also uncovers any issues—like old mortgages, liens, or rights-of-way—that could affect your ownership.
A common question we hear is: “Do I really need an attorney to do a title search in Vermont?” The answer is yes. Here’s why.
Vermont Is an Attorney Closing State
In Vermont, real estate closings must be overseen by a licensed attorney. This means that unlike in some other states where title companies handle closings, Vermont attorneys are involved from start to finish. Because the title search is the foundation of every closing, it is performed by attorneys or their staff under the attorney’s supervision.
Vermont Land Records Are Unique—and Complicated
Unlike many states that have a centralized recording system, Vermont’s land records are kept town by town at each town clerk’s office. These records go back centuries and often include old handwritten deeds, boundary disputes, and easements. Understanding these documents requires legal training, especially when the language is outdated or when property lines overlap.
Hidden Problems Can Create Big Risks
A proper title search does more than collect deeds. It requires legal interpretation of what those documents mean. Common issues that an attorney looks for include:
• Undischarged mortgages that were never properly released
• Old rights-of-way or easements that could limit your use of the property
• Probate or heirship problems when property passed through an estate
• Vermont-specific liens and taxes, such as Property Transfer Tax, Land Gains Tax, or Current Use Program obligations
Without a lawyer’s knowledge, these problems might not be discovered until after the closing—when it’s too late.
Lenders and Title Insurance Companies Require It
If you are financing your purchase, your lender will require a title search and a legal opinion from a Vermont attorney. Likewise, title insurance companies will not issue a policy unless a Vermont lawyer has reviewed the title and provided a professional opinion. This protects everyone involved—buyer, seller, and lender—by making sure the title is marketable.
Attorneys Provide an Extra Layer of Protection
When you hire an attorney to conduct your title search, you’re not just paying for documents to be pulled from the land records. You’re getting a legal opinion backed by the attorney’s professional liability. If a mistake is made that results in financial loss, the attorney can be held responsible—providing you with an added layer of protection beyond your title insurance.
The Bottom Line
In Vermont, a title search is not a DIY project or something that a title company can handle on its own. Only a Vermont attorney can perform the thorough and reliable title search that lenders, title insurance companies, and buyers depend on.
At Peet Law Group, our experienced Vermont real estate attorneys handle every step of the title search and closing process. With offices in Williston and Hartford (White River Junction) serving all of Vermont, we guide buyers and sellers through one of life’s biggest transactions with confidence and peace of mind.
To learn more about title searches, visit our website at: https://www.peetlaw.com/title-search-services
Thinking about buying or selling property in Vermont?
Contact Peet Law Group today to schedule a consultation and learn how our attorneys can help protect your investment. www.peetlaw.com