§ 4034. Real property
Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to real property authorizes the agent to:
(1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit,
or otherwise acquire or reject an interest in real property or a right incident to
real property;
(2) sell; exchange; convey, with or without covenants, representations, or warranties;
quitclaim; release; surrender; retain title for security; encumber; partition; consent
to partitioning; subject to an easement or covenant; subdivide; apply for zoning or
other governmental permits; plat or consent to platting; develop; grant an option
concerning; lease; sublease; contribute to an entity in exchange for an interest in
that entity; or otherwise grant or dispose of an interest in real property or a right
incident to real property;
(3) pledge or mortgage an interest in real property or right incident to real property
as security to borrow money or pay, renew, or extend the time of payment of a debt
of the principal or a debt guaranteed by the principal;
(4) release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of
trust, conditional sale contract, encumbrance, lien, or other claim to real property
that exists or is asserted;
(5) manage or conserve an interest in real property or a right incident to real property
owned or claimed to be owned by the principal, including:
(A) insuring against liability or casualty or other loss;
(B) obtaining or regaining possession of or protecting the interest or right by litigation
or otherwise;
(C) paying, assessing, compromising, or contesting taxes or assessments or applying for
and receiving refunds in connection with them; and
(D) purchasing supplies, hiring assistance or labor, and making repairs or alterations
to the real property;
(6) use, develop, alter, replace, remove, erect, or install structures or other improvements
upon real property in or incident to which the principal has, or claims to have, an
interest or right;
(7) participate in a reorganization with respect to real property or an entity that owns
an interest in or right incident to real property and receive, and hold, and act with
respect to stocks and bonds or other property received in a plan of reorganization,
including:
(A) selling or otherwise disposing of them;
(B) exercising or selling an option, right of conversion, or similar right with respect
to them; and
(C) exercising any voting rights in person or by proxy;
(8) change the form of title of an interest in or right incident to real property;
(9) dedicate to public use, with or without consideration, easements or other real property
in which the principal has, or claims to have, an interest; and
(10) relinquish any and all of the principal’s rights of homestead under 27 V.S.A. § 105 and elective share under section 323 of this title. (Added 2023, No. 60, § 1, eff. July 1, 2023.)