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Essential paperwork guide for buying and selling land in Vermont, including contracts and mineral rights

The Paperwork You Need to Buy and Sell Land in Vermont

February 04, 20254 min read

Vermont's stunning scenery and rural appeal make it an attractive destination for land buyers and sellers alike. With approximately 1.2 million acres of farmland and an average farm real estate value reaching $3,650 per acre in 2022, navigating the land transaction process requires understanding the necessary paperwork. This guide details the essential documents needed to buy and sell land in Vermont, ensuring a smooth and efficient process for both parties.

Buying Land in Vermont - Essential Paperwork

Purchasing vacant land in Vermont opens up various opportunities, from building a home to investing in property. Here are the key documents needed:

Purchase and Sales Contract
A purchase and sales contract outlines the terms of the transaction, including property description, purchase price, closing procedures, and contingency clauses. Consulting a real estate attorney is advisable to ensure your interests are protected.

Mortgage Details
If financing the purchase, expect to sign a mortgage note and deed, formalizing the loan agreement and outlining repayment terms and penalties in case of default.

Homestead Declaration
To qualify for property tax breaks, submit the Vermont Homestead Declaration form (HS-122) to the local town clerk, indicating your intention to occupy the land for residential purposes.

Transfer Tax Return
A 1.25% Property Transfer Tax applies to all land sales in Vermont. Buyers must sign a Property Transfer Return within 30 days of closing, allowing for tax payment to fund state conservation projects.

Water & Wastewater Permits
If developing the land, acquiring permits for potable water and wastewater systems is crucial. Permits can be obtained through the Drinking Water and Groundwater Protection Division.

Timber Harvest Notifications
If you plan to harvest timber commercially, notify the county forester in advance to monitor conservation practices.

Selling Land in Vermont - Paperwork Checklist

For those selling land, having the right documentation is key to protecting all parties involved in the transaction. Here’s a checklist:

Proof of Ownership
Locate the original property deed or other documents proving your ownership, as these are essential for the sale.

Liens & Judgments
Conduct title research to reveal any liens or encumbrances against the property that must be resolved before selling.

Mineral Rights
Determine ownership of mineral rights associated with the property. If these are held by others, it can affect both sales price and usability.

Homeowners/Condo Association Fees
If the land includes a residence, provide potential buyers with documentation related to any homeowners or condo association fees and regulations.

Property Tax Documentation
Compile records of property taxes paid, which can help prospective buyers estimate ongoing costs.

Asbestos & Lead Disclosures
Consider conducting tests for environmental hazards such as lead or asbestos if applicable, disclosing any findings to buyers.

Key Steps to Buy Land in Vermont

Purchasing land in Vermont involves several important steps:

Hire a Buyer’s Agent
A local real estate agent can provide valuable insights into paperwork and help find properties that meet your criteria.

Search Listings & View in Person
Review listings online, followed by in-person visits to evaluate land conditions and features.

Submit Offer & Negotiate Terms
Once you choose a property, your agent can prepare an offer letter outlining your price and terms, leading to negotiations with the seller.

Conduct Due Diligence
Upon agreement, engage in due diligence, involving a thorough assessment of the land through surveys, title checks, and inspections.

Finalize Financing
Secure pre-approval for a mortgage and confirm final lending details, including interest rates and payment terms.

Close the Deal
At closing, complete all necessary paperwork, make your down payment, and receive the property deed. Remember to record the deed with the town clerk within 30 days.

Key Partners for a Streamlined Closing

Engaging local professionals is essential for a smooth transaction. Consider these partnerships:
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Buyer’s Agent: Represents you and negotiates terms.
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Listing Agent: Manages marketing and paperwork for sellers.
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Real Estate Attorneys: Draft contracts and review documentation.
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Home Inspector: Assesses property conditions.
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Appraiser: Evaluates property value.
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Surveyor: Maps property boundaries and features.
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Title Company: Researches property claims.
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Lender: Provides financing.
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Insurance Agent: Arranges property insurance.

Final Thoughts

Vermont offers a unique blend of rural charm and natural beauty, making land ownership appealing. For a successful transaction, involve a real estate attorney and buyer’s agent to facilitate the required paperwork and negotiations. Take time to explore the land you’re interested in to truly appreciate its value and potential.

Frequently Asked Questions (FAQs)

What documents do I need to buy vacant land in Vermont?
The essential documents for buying land include the purchase and sales agreement, mortgage paperwork, homestead declaration form, property transfer tax return, and any necessary permits.

Does Vermont collect a transfer tax when selling a property?
Yes, Vermont assesses a 1.25% property transfer tax on land sales, typically paid by the seller, with the buyer required to sign the transfer return.

How can I qualify for property tax breaks when buying Vermont land?
Submitting a Homestead Declaration form to the local town clerk indicates your intent to reside on the property, qualifying you for tax reductions.

What type of terrain survey should I conduct when buying land in Vermont?
Work with a surveyor to produce boundary maps and assess the land's features, which is important for defining property lines.

Can I build a house on vacant land I purchase in Vermont?
Yes, but ensure compliance with local zoning laws and secure the required permits before proceeding with construction.

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