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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 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.

Title 12 : Court Procedure

Chapter 179 : Partition of Real Estate

(Cite as: 12 V.S.A. § 5169)
  • § 5169. Judgment for plaintiff; commissioners; waiver

    (a) When the issue is determined in favor of the plaintiff, or if the person interested defaults, the court shall render judgment that partition be made and appoint three disinterested residents of the county as commissioners. The commissioners shall make partition of the estate and set off each share of the several persons interested, according to their respective titles, and shall award to the plaintiff reasonable costs against the adverse party.

    (b) Notwithstanding subsection (a) of this section, the parties may, with the approval of the court, waive the use of commissioners and have all matters decided by the court at a bench trial. (Amended 1971, No. 185 (Adj. Sess.), § 150, eff. March 29, 1972; 2019, No. 40, § 2.)