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Vermont Title Standards Index ›
- 1.1 The Role of the Examining Attorney
- 1.2 The Examining Attorney's Attitude
- 1.3 Definition of Marketable Title
- 1.4 Reference to Title Standards in Real Estate Sales Contract
- 2.1 Period of Search
- 2.2 The Concept of the Chain of Title and its Relationship of the Rule of Record Notice and the Scope of the Title Searcher's Obligation
- 2.3 Effect of Recording Instruments Claiming an Interest in Real Estate
- 2.4 Wild Instruments: Instruments by Strangers to the Record Chain of Title
- 2.4A After Acquired Property
- 2.5 Priority of Conveyances
- 2.6 Time When a Conveyance is Considered as Properly "Recorded"
- 2.7 Record of Expired Leases or Expired Interests
- 4.1 Limitation on the Use by Grantor of Corrective Deeds
- 6.1 Grantors
- 6.2 Majority
- 6.3 Mental Capacity
- 6.4 Marital Interests
- 6.5 Powers of Attorney
- 7.1 Grantees
- 8.1 Name Variances
- 9.1 Execution, Witnessing and Acknowledgement
- 11.1 Delivery
- 13.1 Conveyance by Heirs' Deed
- 13.2 Conveyance by Devisees in Lieu of Probate Administration
- 13.3 Omitted Real Estate or Faulty Description of Closed Estate
- 13.4 Conveyance by Trustee of a Non-Probate Trust
- 14.1 Conveyance to Two or More Persons
- 18.1 Federal Special Gift Tax Lien
- 18.2 Irregularities and Discrepancies in Discharges of Mortgage and other Documents
- 18.3 Discharges of Corrected, Re-Recorded, or Modified Mortgages
- 18.4 Effect of Failure to Discharge Assignments of Leases and/or Rent, Riders or Financing Statements
- 18.5 Discharges Involving Mortgage Electronic Registration System (MERS)
- 20.1 Presumptions Applicable to Corporate Conveyances
- 22.1 Limited Liability Companies
- 23.1 Federal General Tax Lien
- 24.1 Federal Special Estate Tax Lien
- 25.1 Federal Gift Tax Lien
- 27.1 Vermont Estate Tax Lien
- 28.1 Establishing Marketable Title To Interests In Real Property Owned By Failed Financial Institutions
- 28.2 Title of the Receiver of a Failed Financial Institution to the Assets of That Institution
- 28.3 Title of the Immediate Transferee of the Receiver of a Failed Financial Institution
- 28.4 Marketability of Title In a Real Estate Interest of a Failed Financial Institution for Which No Conveyance, Transfer or Assignment Appears of Record Prior to the Dissolution of the Bridge Institution Which Had Continued The Business of the Failed Institution
- 28.5 Discharges, Partial Releases, Assignments and Foreclosure of Mortgages of a Failed Institution By a Transferee of the Receiver For Such Failed Institution
STANDARD 6.3
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MENTAL CAPACITY
In the absence of actual knowledge or constructive notice derived from properly indexed instruments in the chain of title to the contrary, a title examiner may presume that an individual grantor identified in a recorded deed was mentally competent at the time of the conveyance . A deed properly executed by a guardian of the lands of the ward under an order of sale of the probate court having jurisdiction is presumed valid and shall convey the interest of the ward.
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Comment 1. An attorney representing the purchaser or mortgagee in a current transaction from an incompetent individual must require and record (a) a guardian's license to sell or convey issued by a court of competent jurisdiction; or (b) a properly executed valid durable power of attorney.
History
March 29, 2000 Restated the language defining “knowledge” as being actual knowledge or constructive notice derived from properly indexed instruments in the chain of title. This concept is used in the first clause of Standards 6.2, 6.3, 6.4 and 6.5.
Comment 1 - Inserted the words in a current transaction in the first line of the Comment. Inserted the words properly executed valid before “durable power of attorney”. The words “executed in proper form” were omitted from the end of the sentence.
Comment 2 - Text formerly in Comment 2 was incorporated in the body of the Standard.
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