Welcome to the Mountain View Law blog, where we provide valuable insights into real estate law matters. In this post, we will delve into the world of title insurance and its significance in real estate transactions. Buying a property is a significant investment, and title insurance plays a crucial role in safeguarding that investment. Join us as we explore what title insurance is and why it is essential to obtain it in real estate transactions.

Understanding Title Insurance

Title insurance is a type of insurance policy that protects property owners and lenders from potential financial losses due to undiscovered or undisclosed title defects. It provides coverage for legal expenses, financial losses, and damages resulting from title issues that existed prior to the purchase. Unlike other types of insurance that protect against future events, title insurance focuses on past events that may impact the property’s ownership rights.

Importance of Title Insurance

Obtaining title insurance is vital in real estate transactions for several reasons. Firstly, it provides peace of mind by ensuring that the property’s title is free from undisclosed liens, encumbrances, or other defects. The insurance company conducts a thorough title search to uncover any potential issues, minimizing the risk of unexpected surprises after the purchase. Secondly, title insurance protects your investment by providing coverage for legal fees and financial losses if a title claim arises. This protection extends to both homeowners and lenders, ensuring that their interests are safeguarded.

Identifying and Resolving Title Issues

Title insurance plays a critical role in identifying and resolving title issues before a property is transferred. The insurance company conducts a comprehensive title search, examining public records and other relevant documents to identify potential problems. If any title issues are discovered, the insurance company works to resolve them before issuing the policy. This process involves working with the parties involved, such as addressing outstanding liens or resolving boundary disputes. By addressing these issues upfront, title insurance helps ensure a smooth and secure transaction.

Consult with Mountain View Law, PLLC for Title Insurance Guidance

When engaging in a real estate transaction, it is crucial to work with experienced professionals who understand the importance of title insurance. At Mountain View Law, PLLC, our team of real estate attorneys can guide you through the process of obtaining title insurance, ensuring that your investment is protected. We work with reputable title insurance companies and conduct thorough due diligence to minimize risks and provide comprehensive coverage. Contact us at info@mountainviewlawvt.com or call 802-775-6811 for expert guidance and assistance in your real estate transactions.

When two parties who co-own real estate cannot agree on how to use it, or when one person blocks the other from use of the property, one of the co-owner, called a co-tenant, can file for a Court ordered process called a partition. Actions for Partition of Real Property are governed by 12 V.S.A. § 5161 et seq. For more about partitions, check out our post explaining it in more detail. If you need help in filing a partition action, or any other real estate transactions, contact Mountain View Law, PLLC today at 802-775-6811 or email us at info@mountainviewlawvt.com.

What happens when one co-tenant contributes more to the property?

Here is a scenario: A person plans to buy a condo in VT to stay at when coming to ski, snowboard, hike, or otherwise enjoy Vermont’s natural beauty and amazing outdoor recreational amenities. While the person pays 100% of the associated costs of the purchase, he asks his friend to sign on as a co-tenant, perhaps to secure more favorable insurance rates. After a while, then the friendship collapses and the two co-tenants begin arguing and threatening each other with use of the property. The person who buys it files an action for partition. Will each party get 50 percent of the proceeds from a sale of the property?

Short Answer: No.

The standard for apportionment of distributions from a sale, or consideration for assignment, are based on the process as set forth in Whippie v. O’Connor, 2010 VT 32, 187 Vt. 523, 996 A.2d 1154. There, the court found that, absent a compelling alternative approach, once co-tenancy is established, a partitioning court should split the property in half and then consider equitable factors in the following order. First, the court may determine the contributions of each party towards the actual expenses of the house, including mortgage, insurance, taxes, utilities, repairs, and improvements. . . . Second, the court should credit against contribution claims a rental value offset for any period of exclusion of a party ousted from the premises by the cotenants in possession. As stated in multiple cases, courts in partition matters “should consider all relevant circumstances to ensure that complete justice is done.'” Wilk v. Wilk, 173 Vt. 343, 346, 795 A.2d 1191 (2002) (quoting 7 R. Powell, Powell on Real Property § 50.07[3][a], at 50-40 (M. Wolf ed. 2001)).

To quote Whippie: “[d]espite the presumption of equal contribution and equal interest… when one cotenant pays more than his or her share of property-related expenses, she or he is entitled to proportionate reimbursement, or credit, from the other tenants to reflect the proportionate burden of co-ownership. In calculating any reimbursement due, the court must account for all of the property expenses paid by each party. These include not only the mortgage payments, but also the necessary utilities, taxes and insurance, and maintenance expenses towards the home. See Massey, 186 Vt. 211, 2009 VT 70, ¶ 22, 980 A.2d 768.”

Another factor is if the contributions of a party exceed the fair market value. perhaps one party contributed $150,000 and another part $20,000 but the fair markte value for the house is $115,000. In Hubbard v. Hubbard, 2022 Vt. Super. LEXIS 150, *8, the court found that when the fair market value exceeds the contributions of a single party, that party is entitled to a partition by assignment. Because the difference in the parties’ investments in the property exceeded its fair market value, equity required no payment from Plaintiff to Defendants in consideration of their equitable share in the Property; that share, effectively, was a negative balance.

Call for help today

The professionals at Mountain View Law, PLLC are here to help. If you need help in filing a partition action, or any other real estate transactions, contact Mountain View Law, PLLC today at 802-775-6811 or email us at info@mountainviewlawvt.com.

Welcome to the Mountain View Law blog, where we provide valuable insights into real estate law matters. In this post, we will emphasize the critical importance of securing the wiring of proceeds in real estate transactions. Safeguarding your investment is paramount, and utilizing secure wiring methods is essential to protect yourself from potential fraud or unauthorized access to your funds. At Mountain View Law, PLLC, we prioritize the security of our clients’ transactions and utilize a secure service called CertifID. Read on to learn more about the significance of secure wiring and how we can assist you in your real estate endeavors. Contact us at info@mountainviewlawvt.com or call 802-775-6811 for more information.

The Risks of Insecure Wiring

Real estate transactions often involve the transfer of significant sums of money. Unfortunately, cybercriminals and fraudsters have become increasingly sophisticated in their attempts to intercept wire transfers and redirect funds. Insecure wiring methods, such as sending wire transfer instructions via email or unsecured platforms, can leave your funds vulnerable to unauthorized access or fraudulent activity. It is crucial to take proactive steps to mitigate these risks and ensure the secure transfer of your funds.

The Role of Secure Wiring Services

Secure wiring services, like CertifID, provide an additional layer of protection and verification in real estate transactions. These services use advanced encryption and authentication methods to safeguard wire transfer instructions and confirm the legitimacy of the transaction. By utilizing secure wiring services, you can significantly reduce the risk of wire fraud and have peace of mind knowing that your funds are being transferred securely.

Working with Mountain View Law and CertifID

At Mountain View Law, PLLC, we prioritize the security of our clients’ real estate transactions. To ensure the safe wiring of proceeds, we utilize CertifID, a trusted and secure service designed explicitly for real estate transactions. CertifID uses multi-factor authentication and secure communication channels to verify wire instructions and protect against fraud. By partnering with CertifID, we offer our clients an added layer of security and protection during the wiring process, giving you confidence in the integrity of your transaction.

The Benefits of Secure Wiring

Utilizing secure wiring methods provides several benefits for real estate transactions. It reduces the risk of wire fraud, protects your investment, and safeguards your sensitive financial information. By incorporating secure wiring practices into your real estate transactions, you can mitigate potential losses, maintain the confidentiality of your financial data, and ensure a smooth and secure transfer of funds.

Consult with Mountain View Law, PLLC for Secure Real Estate Transactions

At Mountain View Law, PLLC, we are committed to providing our clients with secure and efficient real estate transactions. By partnering with CertifID, we prioritize the protection of your funds and personal information. If you have any questions or require professional assistance with your real estate transaction, contact us at info@mountainviewlawvt.com or call 802-775-6811. Our experienced team is here to guide you through the process and ensure the security of your real estate investments.

A legal description is a detailed and precise way of identifying a specific parcel of real property. It provides a comprehensive description that goes beyond mere street addresses or general identifiers. In real estate transfers, an accurate legal description is crucial as it ensures clarity and certainty in identifying the property being conveyed. At Mountain View Law, PLLC, we understand the importance of accurate legal descriptions in real estate transactions. Contact us at info@mountainviewlawvt.com or call 802-775-6811 for expert guidance in ensuring accurate legal descriptions in your real estate dealings.

Accurate Identification

Avoiding Ambiguity A legal description serves to precisely identify the boundaries and location of a property, leaving no room for ambiguity or confusion. It typically includes metes and bounds, reference to monuments, or subdivision and lot numbers. An accurate legal description ensures that the property being transferred is clearly identified, minimizing the risk of disputes or confusion regarding the intended parcel. By providing a precise legal description on the deed, both the buyer and seller can be confident about the exact property being conveyed.

Public Record Permanence

Legal descriptions are an integral part of public records, making them permanent and accessible for future reference. Accurate legal descriptions become part of the public record, ensuring the property’s identity remains consistent over time. This permanence is crucial in maintaining a clear chain of title and allowing subsequent buyers, lenders, or interested parties to rely on the recorded legal description when conducting their due diligence or research.

Compliance with Legal Requirements

An accurate legal description is not only essential for conveying property accurately but also for complying with legal requirements. In many jurisdictions, a valid deed must include a complete and accurate legal description of the property. Failing to provide an accurate legal description may render the deed defective and could potentially result in legal challenges or complications. Working with an experienced real estate attorney ensures that your legal description meets all necessary legal requirements, protecting your interests in the transaction.

Title Insurance Coverage

Accurate legal descriptions are vital for obtaining title insurance coverage. Title insurance protects buyers and lenders against unforeseen defects or claims on the property’s title. Insurance companies rely on accurate legal descriptions to assess the risks associated with the property and determine the scope of coverage. An inaccurate or incomplete legal description may result in limited or inadequate title insurance coverage, potentially exposing the parties to financial risks in the future.

Conclusion

Consult with Mountain View Law, PLLC for Expert Guidance Ensuring accurate legal descriptions in real estate transactions is essential for clarity, compliance, and protecting the interests of all parties involved. At Mountain View Law, PLLC, we have a team of experienced real estate attorneys who understand the significance of accurate legal descriptions in property transfers. Contact us at info@mountainviewlawvt.com or call 802-775-6811 for expert guidance and comprehensive legal services to ensure accurate legal descriptions in your real estate transactions.

Being injured in an accident can have devastating consequences, both physically and financially. When someone else’s negligence causes your injuries, you may be entitled to compensation for the losses you’ve suffered. In Vermont personal injury cases, various types of compensation, known as “damages,” are available to help victims recover and rebuild their lives. In this blog post, we’ll explore the different types of compensation and how they are computed in personal injury cases.

Medical Expenses

Medical expenses are one of the primary types of compensation in personal injury cases. This includes costs related to hospitalization, surgeries, doctor visits, prescription medications, physical therapy, and any other medical treatments required for your recovery. The compensation for medical expenses is typically based on the actual bills and receipts incurred as a direct result of the accident.

Lost Wages and Earning Capacity

If your injuries prevent you from working, you may be entitled to compensation for lost wages. This includes the income you would have earned if you hadn’t been injured. Additionally, if your injuries result in long-term disability or affect your ability to work in the future, you may seek compensation for the loss of earning capacity. Calculating lost wages and earning capacity can be complex, considering factors such as your salary, age, occupation, and projected career trajectory.

Pain and Suffering

Pain and suffering damages compensate you for the physical pain, emotional distress, and mental anguish caused by the accident and your injuries. Unlike medical expenses and lost wages, pain and suffering are not as easily quantifiable. They are calculated based on the severity of your injuries, the duration of your recovery, and the impact on your daily life.

Property Damage

If your property, such as your vehicle, was damaged in the accident, you may be entitled to compensation for repair or replacement costs. Property damage compensation is based on the actual cost of repair or the fair market value of the property if it is deemed a total loss.

Punitive Damages

In some cases, if the at-fault party’s actions were particularly reckless or intentional, the court may award punitive damages. Unlike other types of compensation that aim to make the injured party whole, punitive damages are meant to punish the wrongdoer and deter others from engaging in similar conduct. However, punitive damages are relatively rare and are typically awarded in cases of extreme negligence or misconduct.

Consult an Experienced Personal Injury Attorney

Calculating the full extent of compensation in a personal injury case requires a thorough understanding of Vermont’s laws and the complexities of each individual case. Having an experienced personal injury attorney at Mountain View Law, PLLC, by your side can make all the difference. Our team will work diligently to gather evidence, assess your damages, and advocate for the maximum compensation you deserve.

If you or a loved one have been injured in an accident, don’t hesitate to take action. Contact Mountain View Law, PLLC, at (802) 775-6811 or email us at info@mountainviewlawvt.com for a free consultation. Let us be your advocates and fight for your right to fair and just compensation.

Welcome to the Mountain View Law blog, where we provide valuable insights into real estate law matters. In this post, we will explore the use of a power of attorney (POA) in real estate transactions in Vermont. A power of attorney is a legal document that grants someone the authority to act on your behalf. Understanding the benefits and considerations of using a POA can be essential for individuals who are unable to personally attend to real estate matters. Read on to learn more about the use of a power of attorney in Vermont real estate transactions.

Understanding a Power of Attorney

A power of attorney is a legal document that authorizes an individual, known as the “principal,” to grant someone else, known as the “agent” or “attorney-in-fact,” the power to act on their behalf. In the context of real estate transactions, a power of attorney can be used when the principal is unavailable, incapacitated, or unable to attend to the necessary tasks involved in the transaction. This can include signing documents, negotiating terms, and executing contracts related to the purchase, sale, or management of real estate.

Benefits of Using a Power of Attorney

Utilizing a power of attorney in real estate transactions offers several benefits. It allows individuals who are unable to be physically present, such as due to illness, disability, or travel, to delegate their authority to a trusted agent. This ensures continuity in the transaction process and provides a convenient solution for individuals who would otherwise face challenges in participating actively. By using a POA, the principal can have peace of mind, knowing that their interests are represented and that the transaction can proceed smoothly.

Considerations and Legal Requirements

When using a power of attorney for real estate transactions in Vermont, it is essential to consider certain factors. Firstly, the power of attorney must be valid, executed in accordance with Vermont law, and include specific authorization for real estate-related matters. Additionally, it is crucial to select an agent who is trustworthy, reliable, and has a clear understanding of the principal’s wishes and intentions. Working with an experienced real estate attorney can help ensure that the power of attorney document meets all legal requirements and provides clear guidance for the agent.

Reviewing and Updating the Power of Attorney

It is prudent to periodically review and update the power of attorney document to reflect any changes in circumstances or preferences. Real estate transactions may involve specific timelines and requirements, and having an up-to-date power of attorney ensures that the agent’s authority aligns with the current needs of the transaction. Regularly reviewing and updating the power of attorney provides an opportunity to assess whether the designated agent remains the most appropriate choice and to make any necessary adjustments.

Consult with Mountain View Law, PLLC for Guidance

If you are considering using a power of attorney for a real estate transaction in Vermont, it is advisable to consult with a knowledgeable real estate attorney. At Mountain View Law, PLLC, our team of experienced attorneys can provide guidance and assistance in creating and implementing a power of attorney document that aligns with your specific needs and complies with Vermont laws. Contact us at info@mountainviewlawvt.com or call 802-775-6811 to learn more about how we can help you navigate the complexities of using a power of attorney in Vermont real estate transactions.

Welcome back to Mountain View Law’s blog, your source for valuable insights into real estate law. In this blog post, we will explore the critical concept of clear title in property transfers and shed light on the significance of addressing encumbrances. Understanding these concepts is essential for anyone involved in buying or selling real estate in Vermont, as they directly impact the legality and smoothness of property transactions.

Clear Title and its Significance

Clear title refers to the ownership of a property without any legal claims, liens, or encumbrances that could affect the transfer of ownership. When purchasing a property, it is crucial to ensure that the seller possesses clear title. Without clear title, the buyer may face legal disputes, unexpected financial liabilities, or challenges in obtaining financing. Clear title provides assurance to the buyer that they are acquiring the property with the full rights and protections afforded by law.

Understanding Encumbrances

Encumbrances are legal claims or interests that affect the title of a property. They can include mortgages, liens, easements, restrictions, or any other claims that limit the owner’s full rights to the property. For example, a mortgage is a common encumbrance where the property is used as collateral for a loan. Liens can arise from unpaid taxes, contractor work, or court judgments. Easements grant certain rights to others, such as allowing utility companies access to the property. It is crucial to identify and address encumbrances during the due diligence process to ensure a smooth and secure transfer of ownership.

Importance of Resolving Encumbrances

Resolving encumbrances is vital to achieving a clear title and ensuring the buyer’s rights are protected. During a real estate transaction, a thorough title search is conducted to identify any encumbrances associated with the property. Upon discovery, the buyer and their attorney work to address and resolve these encumbrances. This may involve paying off outstanding debts, negotiating lien releases, obtaining appropriate insurance coverage, or seeking legal remedies when necessary. By resolving encumbrances, the buyer can proceed with confidence, knowing that they are acquiring the property free from any adverse claims or limitations.

Conclusion

Clear title is a fundamental aspect of property transfers, safeguarding the rights of both buyers and sellers. Understanding the concept of encumbrances and their potential impact on the transfer of ownership is crucial when engaging in real estate transactions. Buyers should conduct thorough due diligence, including a comprehensive title search, to identify and address any encumbrances associated with the property. Working with an experienced real estate attorney is essential to navigate these complexities effectively, ensuring a smooth and legally sound transfer of property ownership.

Navigating encumbrances and ensuring a clear and marketable title is crucial in real estate transactions. At Mountain View Law, PLLC, our team of experienced real estate attorneys is dedicated to conducting thorough title searches and assisting buyers and sellers in resolving any title issues that may arise. We provide expert guidance throughout the transaction process, ensuring a smooth and secure transfer of property ownership. Contact us at info@mountainviewlawvt.com or call 802-775-6811 to learn more about our comprehensive title search services and how we can assist you in your real estate endeavors.

When pursuing a personal injury claim in Vermont, it’s essential to understand the various options available for resolving your case. Two common methods used to reach a resolution without going to trial are settlements and mediation. In this blog post, we’ll explore the settlement and mediation processes in personal injury cases in Vermont and their significance in seeking fair compensation for your injuries and damages.

Settlements in Personal Injury Cases

A settlement is an agreement reached between the injured party (plaintiff) and the at-fault party or their insurance company (defendant) to resolve the personal injury claim. In a settlement, both parties negotiate and agree on a specific amount of compensation that the defendant will pay to the plaintiff. This agreement usually includes a release of liability, which means the plaintiff cannot pursue further legal action against the defendant for the same incident.

Settlements are a common resolution in personal injury cases for several reasons. They offer a faster and more cost-effective resolution compared to going to trial. Additionally, settlements provide both parties with more control over the outcome, as opposed to leaving the decision to a judge or jury.

Mediation in Personal Injury Cases

Mediation is a voluntary process in which a neutral third party, known as the mediator, facilitates negotiations between the plaintiff and the defendant. The mediator’s role is to assist both parties in communicating effectively, identifying key issues, and exploring potential solutions. While the mediator does not have the authority to impose a decision, their goal is to help the parties reach a mutually acceptable settlement.

Mediation can be a beneficial alternative to trial, as it allows both parties to express their concerns and interests in a less adversarial setting. The process is confidential, which can encourage open dialogue and creative solutions. Mediation also provides an opportunity to avoid the uncertainties and potential emotional toll of a trial.

Advantages of Settling and Mediating

One of the main advantages of settling or mediating a personal injury case is the potential to avoid a lengthy and costly trial. Both methods also offer the opportunity for a more amicable resolution, which can help maintain relationships between the parties involved. Settling or mediating can lead to faster compensation for the injured party, providing much-needed financial relief for medical bills, lost wages, and other expenses.

Seek Legal Guidance from Mountain View Law, PLLC

Navigating the settlement or mediation process in a personal injury case requires skill and experience. Having an experienced personal injury attorney from Mountain View Law, PLLC, by your side can significantly enhance your chances of obtaining a favorable outcome. Our attorneys will assess the merits of your case, negotiate on your behalf, and protect your rights throughout the process.

If you or a loved one have been injured in an accident, don’t hesitate to explore your options for resolution. Contact Mountain View Law, PLLC, at (802) 775-6811 or email us at info@mountainviewlawvt.com to schedule a free consultation. Let us guide you through the settlement or mediation process, so you can focus on healing and moving forward with your life

We would like to cordially invite you to an open house from 4:00pm to 7:00pm on Thursday May 25, 2023 at the offices of Mountain View Law, PLLC located at 335 Killington Road, Killington, VT 05751. Light refreshments and food (including vegetarian options) will be available. Come meet the new owners and see the new office!

Click here to RSVP.

About Mountain View Law, PLLC 

In March of 2023 Marylou Scofield, a staple of the Killington area business community, began her well-earned retirement journey, passing the baton of her firm Marylou Scofield, PC to Justin Schoville and Kevin Gustafson. Re-branded as Mountain View Law, PLLC, the new firm aims to build on Marylou’s success and to provide the same level of quality and professionalism clients of the firm have come to know and trust.

Retaining all of Marylou’s incredible staff, Mountain View Law has continued to serve the local real estate market by providing real estate transaction services including title reviews, closings, real estate disputes, landlord/tenant document drafting and resolving disputes, and more. 

At the same time, building on Kevin and Justin’s combined decade of experience in litigation matters, Mountain View Law is also expanding its services to cover other areas of law, including wills and trusts drafting, probate representation, civil litigation, personal injury, and family law cases. Mountain View Law is the local one-stop shop for legal services on the Mountain and beyond! While our home base is in the Killington area, we aim to serve the four corners of the State of Vermont.

Please come to our open house, meet the new owners, and see why Mountain View Law is your next go-to law firm for all your legal needs.

Welcome to the Mountain View Law blog, where we provide valuable insights into real estate law matters. In this post, we will explore the importance of title searches as an integral part of real estate transactions in Vermont. Understanding the significance of title searches can help buyers and sellers navigate the complexities of property ownership and ensure a smooth and secure transaction process. Join us as we delve into the key aspects of title searches in Vermont.

The Purpose of a Title Search

A title search is a crucial step in the due diligence process when buying or selling real estate. It involves an examination of public records to trace the history of the property’s ownership and identify any potential issues or encumbrances that may impact the title. The goal of a title search is to ensure that the seller has clear and marketable title and that the buyer can acquire the property with confidence, free from any undisclosed claims or defects.

Identifying Title Issues

During a title search, a qualified professional, such as a real estate attorney or title company, reviews various documents, including deeds, mortgages, liens, and court records. This comprehensive review aims to identify any title issues that could affect the transfer of ownership. Common title issues may include outstanding liens, undisclosed easements, boundary disputes, or errors in the public records. Identifying these issues early in the process allows for their resolution and protects both parties’ interests.

Resolving Title Issues

Once title issues are identified, they need to be addressed and resolved before the property can be transferred. This may involve working with the seller to clear outstanding liens, obtaining releases for encumbrances, or pursuing legal remedies for boundary disputes. Resolving title issues is essential to ensure a clear title and provide buyers with the confidence that they are acquiring a property with no undisclosed burdens or risks. An experienced real estate attorney can guide buyers and sellers through this process, providing valuable advice and facilitating the necessary actions for resolving title issues.

Title Insurance

To further protect buyers and lenders from potential title defects or claims that may arise in the future, title insurance is often recommended. Title insurance policies provide coverage for losses or damages resulting from title defects, liens, or other issues that may not have been discovered during the title search. It offers financial protection and peace of mind to buyers and lenders, as they can rely on the insurance company to defend their interests in case of any future claims against the title.

Consult with Mountain View Law, PLLC for Expert Title Searches

Navigating title searches and ensuring a clear and marketable title is crucial in real estate transactions. as they unveil the story behind property titles and protect the interests of both buyers and sellers. At Mountain View Law, PLLC, our team of experienced real estate attorneys is dedicated to conducting thorough title searches and assisting buyers and sellers in resolving any title issues that may arise. We provide expert guidance throughout the transaction process, ensuring a smooth and secure transfer of property ownership. Contact us at info@mountainviewlawvt.com or call 802-775-6811 to learn more about our comprehensive title search services and how we can assist you in your real estate endeavors.