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.

Welcome to the Mountain View Law blog, where we provide valuable insights into real estate law matters. In this post, we will explore the concept of real estate partition actions in Vermont. A partition action is a legal process used to resolve co-ownership disputes over real property. Understanding the basics of partition actions can help individuals protect their property rights and find equitable solutions. Join us as we delve into the world of real estate partition actions in Vermont and the relevant statutes that govern them.

Understanding Real Estate Partition Actions

Real estate partition actions arise when multiple individuals co-own a property, but disagreements or disputes prevent them from effectively sharing or selling the property. In such cases, any co-owner can initiate a partition action to seek a legal remedy. A partition action aims to divide the property fairly among the co-owners or, if division is not feasible, to force a sale of the property and distribute the proceeds equitably.

Relevant Vermont Statutes

In Vermont, the statutes governing real estate partition actions can be found in 12 V.S.A. § 5161-5188 provide the legal framework for partition actions, including the procedure for initiating a partition action, the requirements for notice to co-owners, and the court’s authority to order a sale or division of the property.

Initiating a Partition Action

To initiate a partition action in Vermont, a co-owner must file a complaint in the appropriate court, which typically has jurisdiction in the county where the property is located. The complaint must state the grounds for the partition and provide a legal description of the property. It is advisable to seek the guidance of an experienced real estate attorney who can help navigate the legal requirements and ensure the proper filing of the partition action.

The Court’s Role and Resolution

Once a partition action is initiated, the court will consider various factors, including the co-owners’ interests and the feasibility of a fair division of the property. If division is not possible or practical, the court may order the sale of the property. The proceeds from the sale are then distributed among the co-owners in accordance with their respective ownership interests. The court’s objective is to achieve a fair and equitable resolution that upholds the rights of all parties involved.

Consult with Mountain View Law, PLLC for Partition Actions Guidance

Navigating real estate partition actions can be complex, requiring a solid understanding of the legal process and the relevant statutes. At Mountain View Law, PLLC, our team of experienced real estate attorneys can provide expert guidance and representation in partition actions. We can help you understand your rights, assist in initiating a partition action, and advocate for your interests throughout the process. Contact us at info@mountainviewlawvt.com or call 802-775-6811 to learn more about how we can assist you with real estate partition actions in Vermont.

Conclusion

Real estate partition actions are a legal mechanism that helps resolve co-ownership disputes and protect property rights in Vermont. By understanding the basics of partition actions and consulting with a knowledgeable real estate attorney, you can navigate the process with confidence. If you are facing co-ownership challenges or considering initiating a partition action, reach out to Mountain View Law, PLLC for professional guidance. We are committed to protecting your property rights and finding equitable solutions.

Personal injury cases can be complex, and determining fault is not always straightforward. In Vermont, the legal principle of comparative negligence comes into play when multiple parties share responsibility for an accident. Understanding how comparative negligence works is essential if you’ve been injured in an incident where your actions may have played a role. In this blog post, we’ll explore the concept of comparative negligence and its impact on personal injury claims in Vermont.

What is Comparative Negligence?

Comparative negligence, also known as comparative fault, is a legal doctrine that allows for the allocation of fault among all parties involved in an accident. Under Vermont law, if you’ve been injured due to someone else’s negligence, but your actions also contributed to the incident, your potential compensation may be affected. Comparative negligence is designed to ensure that each party bears responsibility proportionate to their degree of fault.

How Does Comparative Negligence Work in Vermont?

Vermont follows the principle of “modified comparative negligence with a 51% bar.” This means that you can seek compensation for your injuries as long as you are not found to be 51% or more at fault for the accident. If you are determined to be 50% or less at fault, your compensation will be reduced proportionately to your degree of fault. For example, if your damages amount to $10,000, but you are found 20% at fault, your compensation will be reduced by 20%, resulting in $8,000 in total compensation.

The Importance of Proving Fault

In personal injury cases involving comparative negligence, establishing fault becomes crucial. Insurance companies often try to shift blame onto the injured party to minimize their liability. Having a skilled personal injury attorney from Mountain View Law, PLLC who can gather evidence, interview witnesses, and reconstruct the accident scene is essential to prove the other party’s greater share of responsibility. This will help ensure you receive the maximum compensation you deserve under Vermont’s comparative negligence laws.

Why You Need Experienced Legal Representation

Navigating comparative negligence laws can be challenging, especially when insurance companies are involved. They may attempt to exploit any perceived shared fault to reduce their payout. Having a knowledgeable personal injury lawyer at Mountain View Law, PLLC, on your side can level the playing field. Your attorney will protect your rights, negotiate with insurance companies, and fight for fair compensation based on the true allocation of fault in your case.

Contact Mountain View Law, PLLC Today

If you or a loved one has suffered a personal injury in Vermont, don’t let questions of comparative negligence deter you from seeking justice and compensation. Contact Mountain View Law, PLLC, at (802) 775-6811 or email us at info@mountainviewlawvt.com to schedule a free consultation. Our experienced attorneys will evaluate your case, explain your rights, and work tirelessly to ensure you receive the compensation you deserve. Let us be your advocates in your pursuit of justice and rightful compensation

Welcome to the Mountain View Law blog! In this post, we will delve into the world of zoning and land use regulations in Vermont. Understanding these regulations is essential for property owners, developers, and investors looking to navigate the intricacies of property development in the Green Mountain State. Join us as we explore the key aspects of zoning and land use regulations and provide valuable insights to help you navigate this complex landscape.

Understanding Zoning Laws

Zoning laws divide land into different zones or districts, each with specific permitted uses and restrictions. These laws aim to regulate the use, density, and development of land to maintain the natural beauty and preserve the character of Vermont’s diverse communities. Understanding the zoning laws applicable to your property is crucial, as they dictate what can be built, the size and height of structures, setbacks, parking requirements, and more. Consulting with a knowledgeable real estate attorney can help you navigate the zoning regulations specific to your area and guide you through the zoning process.

Navigating the Permitting Process

In Vermont, property development typically requires obtaining various permits and approvals. These may include zoning permits, building permits, subdivision approvals, environmental permits, and more, depending on the nature and scale of the project. Navigating the permitting process can be complex, with multiple agencies involved, such as local planning boards, zoning boards, and state regulatory bodies. Working with an experienced real estate attorney can ensure that you have a clear understanding of the required permits, help you prepare the necessary documentation, and guide you through the application process.

Considerations for Development Projects

When planning a development project in Vermont, it is crucial to consider the impact on the surrounding community and environment. Zoning and land use regulations often include provisions for environmental protection, historic preservation, affordable housing, and infrastructure requirements. Engaging with the local community and seeking their input early in the development process can help build positive relationships and ensure a smoother approval process. Additionally, conducting thorough due diligence on the property, including environmental assessments and feasibility studies, is essential to identify potential challenges and mitigate risks.

Seeking Variances and Special Permits

In some cases, you may need to request variances or special permits to deviate from the specific requirements of the zoning laws. Variances are granted when strict application of the zoning regulations would result in undue hardship for the property owner. Special permits, on the other hand, allow for specific uses or modifications in designated zones. Seeking variances or special permits requires presenting a compelling case that demonstrates adherence to the broader goals of the zoning laws. An experienced real estate attorney can assist in preparing and presenting your case to the appropriate zoning or planning boards.

Consult with Mountain View Law, PLLC for Guidance

Navigating the zoning and land use regulations in Vermont can be complex and overwhelming. The team at Mountain View Law, PLLC is here to provide you with the necessary guidance and expertise to navigate this process. With extensive knowledge of Vermont’s zoning laws and experience in the permitting process, our attorneys can help you understand and comply with the regulations, negotiate with local authorities, and advocate for your interests. Contact us today at info@mountainviewlawvt.com or call 802-775-6811 to schedule a consultation and ensure a successful property development journey in Vermont.

If you’ve been injured in an accident due to someone else’s negligence, it’s essential to act promptly to protect your rights. Vermont law imposes a time limit within which you must file a personal injury claim, known as the statute of limitations. Understanding the statute of limitations is crucial, as missing this deadline may prevent you from seeking compensation for your injuries and damages. In this blog post, we’ll delve into the statute of limitations for personal injury cases in Vermont and its significance in pursuing a claim.

What is the Statute of Limitations for Personal Injury Cases in Vermont?

According to Vermont Statutes Title 12, Section 512, the statute of limitations for personal injury cases is three years from the date of the accident or incident that caused the injury. This means you have three years from the accident date to file a lawsuit seeking compensation for your injuries. However, it’s important to remember that certain circumstances may modify this timeframe, making it crucial to consult with an experienced personal injury attorney at Mountain View Law, PLLC, as soon as possible after the incident.

The Significance of the Statute of Limitations

The statute of limitations plays a critical role in the legal process of personal injury claims. Filing a lawsuit after the statute of limitations has expired can result in your case being dismissed by the court, leaving you with no recourse to seek compensation. Insurance companies are well aware of these time restrictions and may use the statute of limitations as leverage during negotiations. Having a skilled personal injury attorney on your side can help you navigate these complexities and ensure your case is filed within the allotted time frame.

Why You Shouldn’t Delay Seeking Legal Representation

After an injury, it’s natural to focus on recovery and healing. However, delaying the process of seeking legal representation can be detrimental to your case. Gathering evidence, interviewing witnesses, and conducting a thorough investigation takes time. The sooner you engage a personal injury lawyer at Mountain View Law, PLLC, the better equipped they will be to build a strong case on your behalf. Waiting until the statute of limitations is about to expire can significantly limit the options available to you.

Mountain View Law, PLLC – Your Allies in Personal Injury Claims

At Mountain View Law, PLLC, we understand the challenges that follow a personal injury. Our team of dedicated attorneys is well-versed in Vermont’s statute of limitations and the intricacies of personal injury law. If you or a loved one has suffered an injury due to someone else’s negligence, don’t hesitate to take action. Contact us at (802) 775-6811 or email us at info@mountainviewlawvt.com to learn more about the statute of limitations in Vermont and how our experienced attorneys can help you pursue the compensation you deserve.

Remember, time is of the essence, and delaying legal action may jeopardize your chance to seek justice and rightful compensation. Let us be your advocates and guide you through the legal process, so you can focus on healing and rebuilding your life.

Welcome to the Mountain View Law blog, where we provide valuable insights into real estate law matters in Vermont. In this post, we will explore Vermont’s real estate disclosure laws, which are designed to ensure transparency and protect buyers in property transactions. Understanding these laws is crucial for both buyers and sellers, as they provide essential information about the property’s condition and potential risks. Join us as we delve into the key aspects of Vermont’s real estate disclosure laws.

The Vermont Residential Property Disclosure Act

The Vermont Residential Property Disclosure Act requires sellers to provide a written disclosure statement to potential buyers. This disclosure statement highlights any known material defects or environmental hazards that could affect the property’s value or safety. Sellers are required to provide this disclosure statement before the purchase and sale agreement is signed. The purpose of this act is to enable buyers to make informed decisions and protect them from unexpected issues after the sale.

Buyer’s Right to Inspections

While the seller is required to provide a written disclosure statement, it is essential for buyers to conduct their due diligence. Buyers have the right to conduct inspections and investigations to verify the property’s condition. Hiring professional inspectors, such as home inspectors, pest inspectors, and environmental consultants, can help identify potential issues that may not be readily apparent. By exercising their right to inspections, buyers can make informed decisions based on a thorough understanding of the property’s condition.

Seller’s Obligations and Potential Liabilities

Sellers have an obligation to disclose all known material defects or environmental hazards, as required by Vermont law. Failure to provide accurate and complete disclosure may lead to legal liabilities. If a seller fails to disclose a known defect or hazard, the buyer may have grounds for legal action, such as rescinding the contract or seeking compensation for damages. Sellers should carefully review the disclosure requirements, be honest in their disclosures, and seek legal advice if they have any doubts about what should be included in the disclosure statement.

Additional Disclosures

In addition to the Vermont Residential Property Disclosure Act, there may be additional disclosure requirements based on specific circumstances. For example, if the property is located in a flood zone, sellers are obligated to disclose this information. Similarly, if the property is subject to homeowner association rules and fees, sellers must provide this information to potential buyers. It is crucial for both buyers and sellers to consult with a real estate attorney to ensure compliance with all applicable disclosure requirements.

Consult with Mountain View Law, PLLC for Expert Guidance

Understanding and complying with Vermont’s real estate disclosure laws is crucial for a successful and legally sound property transaction. At Mountain View Law, PLLC, our team of experienced real estate attorneys can guide you through the disclosure process, review disclosure statements, and provide expert advice to protect your interests. 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. We are here to help you navigate Vermont’s real estate disclosure laws with confidence.

Welcome back to Mountain View Law’s blog, where we provide expert insights into real estate law matters in Vermont. In this blog post, we will explore the crucial steps of closing and escrow in property transactions. Understanding these processes is vital for buyers, sellers, and investors seeking a smooth and secure transfer of property ownership. If you have any further questions or require professional assistance, please don’t hesitate to contact Mountain View Law, PLLC at info@mountainviewlawvt.com or call 802-775-6811.

The Closing Process

The closing process is a significant milestone in a property transaction. It is the final step where the buyer and seller come together to complete the transfer of ownership. During the closing, various legal documents are reviewed, signed, and notarized, including the deed, mortgage, and other necessary paperwork. Additionally, funds are exchanged between the parties. It is common for a real estate attorney or a representative from a title company to be present at the closing to ensure all legal requirements are met and to address any concerns or questions that may arise.

Understanding Escrow

Escrow plays a crucial role in property transactions, providing security and impartiality to both parties involved. An escrow account acts as a neutral third party, holding funds and important documents until all conditions of the sale are met. The buyer typically deposits the earnest money into the escrow account as a show of good faith. The funds in escrow are then released to the appropriate parties, such as the seller and any third parties involved, upon the completion of agreed-upon conditions, such as inspections, repairs, or satisfaction of outstanding obligations. Escrow ensures that all parties involved are protected and that the transaction proceeds smoothly and fairly.

Benefits of Escrow in Property Transactions

Escrow offers several benefits to both buyers and sellers. For buyers, it provides a level of protection by ensuring that funds are not released until all agreed-upon conditions are met. This allows for due diligence, such as property inspections, to be conducted before the buyer fully commits financially. Sellers also benefit from escrow as it provides assurance that the buyer has demonstrated a genuine intention to purchase the property by depositing earnest money into the escrow account. Furthermore, escrow helps streamline the transaction process by ensuring that all necessary documents and funds are securely held until the closing is completed.

The Role of a Real Estate Attorney

Working with a knowledgeable real estate attorney is crucial during the closing and escrow process. An attorney can provide valuable guidance, review legal documents, address any potential issues or concerns, and ensure that the transaction complies with all applicable laws and regulations. Their expertise helps protect the interests of their clients and helps navigate any complexities that may arise during the closing process.

Contact Mountain View Law, PLLC for Professional Assistance

Navigating the closing and escrow process in a property transaction requires careful attention to detail and adherence to legal requirements. At Mountain View Law, PLLC, our team of experienced real estate attorneys is dedicated to providing guidance and expertise throughout the closing process. If you have any questions or require professional assistance with your property transaction, please contact us at info@mountainviewlawvt.com or call 802-775-6811. We are here to help you navigate the complexities of real estate law and ensure a successful and secure transfer of property ownership

Accidents can happen when we least expect them, and dealing with the aftermath of a personal injury can be overwhelming. Whether it’s a car crash, slip and fall, or any other incident caused by someone else’s negligence, understanding the basics of personal injury law in Vermont is essential for protecting your rights and seeking fair compensation.

Statute of Limitations

In Vermont, there is a statute of limitations that restricts the amount of time you have to file a personal injury claim. Generally, you have three years from the date of the accident to file a lawsuit. However, certain circumstances may alter this timeframe. It is crucial to consult with an experienced personal injury lawyer at Mountain View Law, PLLC, as soon as possible after the incident to ensure your case is filed within the statute of limitations.

Comparative Negligence

Vermont follows the legal principle of “comparative negligence.” This means that even if you were partially at fault for the accident, you may still be entitled to compensation. However, your total compensation may be reduced based on your percentage of fault. Having a knowledgeable personal injury attorney on your side can help navigate the complexities of comparative negligence and maximize your recovery.

Compensation Types

In personal injury cases, victims may be entitled to various types of compensation, including medical expenses, lost wages, pain and suffering, and property damage. If the injury results in long-term disability or affects your ability to work, you may also seek compensation for future medical care and lost earning capacity. An experienced personal injury lawyer at Mountain View Law, PLLC, will work tirelessly to ensure you receive the full and fair compensation you deserve.

Out-of-Court Settlements

Many personal injury cases in Vermont are resolved through out-of-court settlements. These settlements can offer a faster resolution and avoid the uncertainty of a trial. However, insurance companies may attempt to offer lower settlements than you deserve. Having a skilled negotiator on your side can make all the difference. The attorneys at Mountain View Law, PLLC, are adept at negotiating on behalf of their clients and will fight for the best possible outcome.

Why You Need an Attorney

Navigating the complexities of Vermont’s personal injury laws can be overwhelming, especially when dealing with recovery and medical treatments. Hiring a reputable personal injury lawyer at Mountain View Law, PLLC, ensures that your rights are protected, and your case is handled with expertise and care. They will investigate the accident, gather evidence, calculate your damages, negotiate with insurance companies, and, if necessary, litigate your case in court.

At Mountain View Law, PLLC, we understand the physical, emotional, and financial toll personal injuries can have on your life. Our team of dedicated attorneys is committed to helping you receive the compensation you deserve. If you or a loved one have been injured due to someone else’s negligence, don’t hesitate to reach out to us. Contact us at (802) 775-6811 or email us at info@mountainviewlawvt.com for a free consultation. Let us be your advocates in your pursuit of justice and rightful compensation.

Welcome back to Mountain View Law’s blog, where we provide expert insights into the intricacies of real estate law in Vermont. In this blog post, we will delve deeper into the topic of property ownership and transfers in the Green Mountain State. Understanding the nuances of these processes is essential for buyers, sellers, and investors seeking to navigate Vermont’s real estate landscape with confidence. Should you need assistance in a Real Estate Transaction please call 802-775-6811 or email us at info@mountainviewlawvt.com.

Types of Property Ownership

Vermont recognizes several forms of property ownership, including sole ownership, joint tenancy, tenancy in common, and tenancy by the entirety. Sole ownership grants complete control to a single individual, while joint tenancy allows multiple parties to have equal ownership interests with the right of survivorship. Tenancy in common, on the other hand, permits multiple individuals to own a property with separate and distinct shares, and each owner can transfer their share independently. Lastly, tenancy by the entirety is a form of ownership reserved for married couples, providing protection against individual creditors.

Deeds and Title Examination

The transfer of property ownership in Vermont is typically accomplished through the use of deeds. The two most common types of deeds are warranty deeds and quitclaim deeds. A warranty deed guarantees that the seller has clear title to the property and can legally transfer it, while a quitclaim deed transfers whatever interest the seller has in the property without making any warranties about the title. Before completing a real estate transaction, it is crucial to conduct a thorough title examination to ensure the property’s title is free from encumbrances or defects.

Recording the Deed

To provide legal notice to the public and protect the rights of the new owner, it is important to record the deed at the appropriate county clerk’s office. Recording a deed establishes a public record of the property transfer and helps determine the priority of interests in case of conflicting claims. It is the responsibility of the buyer or their attorney to ensure the timely recording of the deed. Failure to record the deed may result in potential legal complications and challenges to ownership.

Mortgage and Liens

When purchasing a property in Vermont, many buyers rely on financing through mortgages. A mortgage is a loan secured by the property itself, which the borrower must repay over time. Additionally, there may be other liens or encumbrances on the property, such as tax liens or mechanic’s liens. It is crucial to conduct a thorough title search to identify any outstanding liens or encumbrances that may affect the buyer’s interests. An experienced real estate attorney can guide buyers through this process, ensuring a smooth transfer of ownership.

Seek Professional Guidance

Navigating property ownership and transfers in Vermont can be complex, particularly when considering the various legal requirements and potential pitfalls. Engaging the services of a skilled real estate attorney is crucial to protect your interests throughout the process. An attorney can assist with reviewing and drafting contracts, conducting due diligence, advising on title issues, and ensuring a smooth and legally sound transfer of ownership. Their expertise and guidance can provide peace of mind and mitigate potential risks.

Conclusion

Property ownership and transfers in Vermont involve various legal considerations that should not be overlooked. Whether you are a buyer, seller, or investor, understanding the different forms of property ownership, conducting proper title examinations, recording deeds, and addressing mortgages and liens are all crucial steps in achieving a successful and legally sound transaction. To navigate the complexities of real estate law in Vermont, don’t hesitate to consult with a knowledgeable real estate attorney who can guide you through the process and protect your interests effectively. Call us today at 802-775-6811 or email us at info@mountainviewlawvt.com.