Unless a contrary intention appears of record, a title examiner may presume that a grantee acquired rights in all roads, streets, parks, and other designated ways shown on a recorded plat where a subdivision was lawfully created and constructed, or partially constructed. The implied easement is created where land is conveyed with reference to a recorded plat.
Comment 1. For the principles behind the Standard, see: Clearwater Realty Company v. Bouchard, 146 VT 359 (1985); Lalonde v. Renaud, 157 VT 281, 283 (1989); Crabbe & Sweeney v. Veve, 150 VT 53 (1988)
Comment 2. A grantee need not demonstrate specific reliance on depictions in the plat. Regan v. Pomerleau, 2014 VT 99 (2014).
September 2020 – Standard Added