Detailed Answer
Under Vermont law, paying property taxes alone does not confer legal or equitable title to real property. Legal ownership transfers only through a valid written deed or a court order. Simply covering tax bills does not automatically grant you any ownership interest.
No Automatic Ownership Transfer
Property taxes finance local services and are tied to the record owner listed on the deed. Even if you pay taxes for years, you remain a creditor of the owner, not an owner of the land. Vermont statute 12 V.S.A. § 511 governs actions to recover possession of real property but does not grant title through tax payments alone.
Adverse Possession
Vermont’s adverse possession law allows a person in hostile, open, notorious, exclusive, and continuous possession of land for at least 15 years to claim title. Paying taxes can help prove your claim but is only one factor. You must satisfy all statutory elements outlined in 12 V.S.A. § 511.
Constructive Trusts and Equitable Claims
In rare cases, if you paid taxes under a clear agreement or understanding with the record owner, a Vermont court may impose a constructive trust. This equitable remedy requires proof of a promise, detrimental reliance, and unjust enrichment. Without a written agreement, courts are unlikely to award you interest in the property.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Keep written records of all tax payments and any agreements.
- Understand the 15-year adverse possession requirement in Vermont.
- Consider getting title insurance when purchasing property interest.
- Obtain a written agreement if you expect any ownership rights.
- Consult a Vermont real estate attorney for personalized guidance.