The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
003
:
REAL ESTATE; LEVY, SALE, AND REDEMPTION
(Cite as: 12 V.S.A. § 2797)
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§ 2797. Rents, profits, and waste; appraisal; collection
When the parties cannot agree as to the value of the rents and profits under section 2796 of this title, either party may apply to the clerk of the court or magistrate who issued the execution,
if he or she is in office and not disqualified and if not in office or if disqualified,
to any other justice or to a district judge in the county where the land lies, who
could lawfully judge between the parties. On notice to the other party, he or she
shall appoint three disinterested freeholders resident in the town in which the land
or the greater part thereof lies, to act as appraisers, to appraise such rents and
profits. They shall be sworn to the faithful performance of their duties and shall,
on notice to the parties, appraise the rents and profits of the premises and also
determine if any waste has been committed thereon, and return their appraisal, including
damages for waste, if any has been committed, to the clerk or magistrate who appointed
them; and, if he or she accepts the same, it shall be final between the parties.
When the defendant has given the bond and remained in possession, the amount so found
due shall be recoverable in an action founded on the bond. If the purchaser has gone
into possession, the damages shall be deducted from the money to redeem the same. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967.)