Vermont Attorneys Title Corporation

• 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

CHAPTER VIII

STANDARD 8.1

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NAME VARIANCES

It should be manifest from the face of the document that the grantor is the same as the grantee in the instrument conveying title to the grantor. Generally, this means that the name of the grantor will be the same as the prior grantee; or, a subsequent deed contains a recital that the grantor in such deed and the grantee in a prior deed are the same person. Notwithstanding, a greater degree of liberality should be indulged with the greater lapse of time and in the absence of circumstances appearing in the land records which raise reasonable doubt as to the identity of the parties.

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Comment 1. Identity of parties should be accepted as sufficiently established where: (a) common abbreviations, derivatives or nicknames are used for first names; (b) differently spelled names sound alike, or their sounds cannot be distinguished easily, or common usage by corruption or abbreviation has made their pronunciation identical; or (c) in one instance a first name or names of a person is or are used, and in another instance the initial letter or letters only of any such first name or names is or are used but the surnames are the same or idem sonans; (d) in one instance a first name or initial letter is used, and in another instance is omitted, but in both instances the other first names or initial letters correspond and the surnames are the same or idem sonans.

Comment 2. In the event of a change in the name or status of an owner of an interest in real estate, including a merger or consolidation, the examining attorney should assure himself/herself that the requirements of 27 V.S.A. §350 have been met.

Comment 3. This Standard shall not expand the scope of the examining attorney’s duty to include the search of every variation of a name.

History

March 29, 2000 The second and third sentence of the Standard were combined for clarity.

Comment 1 and original Comment 2 and Comment 3 were combined into a single Comment identified as Comment 1. Comment 4 was renumbered to Comment 2 and Comment 5 was renumbered to Comment 3.

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