Vermont § 5061 - Force and effect of lien

Full text of Vermont Vermont Statutes Online § 5061 — Force and effect of lien, with citation guidance and answers to common questions.

§ 5061. Force and effect of lien

  • (a) Commencing with the date of the filing by the listers of the grand list in the office
    of the town clerk of the town, taxes lawfully assessed upon real estate shall be a
    first lien thereon, underlying all mortgages, attachments, liens, or other encumbrances
    thereon, and all estates for the term of a natural life or lives, for a term of years
    or for any other duration. Such lien shall remain in full force and effect for a
    period of 15 years and it may be enforced separately against each parcel of real estate
    upon which a tax has been voted or assessed. Notice to all parties having an interest
    in such land shall be given as provided by law or as directed by the court. Courts
    at law may issue such execution as the facts warrant, to impress such lien on such
    real estate. (b) When the taxes secured by a lien in accordance with this section remain unpaid more
    than two years after the creation of such lien, such lien may be foreclosed in the
    same manner as provided by law for the foreclosure of mortgages on real estate. In
    such case, the parties having an interest in the land on record in the town clerk’s
    office shall be given notice as directed by the presiding judge of the Superior Court.
    The judge in his or her final decree shall appoint a commissioner who shall be bonded
    before entering upon his or her duties in an amount set by the judge to sell with
    the approval of the judge the real estate after time for redemption has expired, which
    period of redemption shall run for one full year from the date of the decree. The
    commissioner shall be empowered to execute a conveyance to the purchaser, apply the
    proceeds of the sale to the amount found due the town, including costs, in the decree,
    the expense of the sale, which shall include the commissioner’s compensation and expenses,
    and a reasonable fee for the town’s solicitor. The commissioner shall first pay out
    of the proceeds, the expense of sale, the town solicitor’s fee and the amount due
    the town with costs, in order named. The residue, if any, shall be disposed of by
    the commissioner, with the approval of the judge, in the same manner as proceeds from
    foreclosure of chattel mortgages. As directed by the judge, the Commissioner shall
    report his or her doings to the judge, and such report shall be accepted by the judge
    and judgment rendered thereon before the commissioner is discharged from his or her
    duties. (c) [Repealed.] (Amended 1961, No. 125; 1971, No. 185 (Adj. Sess.), § 236(a); 1973, No. 193 (Adj. Sess.), § 3; 1997, No. 71 (Adj. Sess.), § 69, eff. March 11, 1998; 1999, No. 1, § 60g(c), eff. Mar. 31, 1999.)

Frequently Asked Questions About Vermont § 5061

What does Vermont Statutes Online § 5061 cover?

Section 5061 ("Force and effect of lien") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 5061?

A common citation format is "Vermont Statutes Online § 5061" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 5061 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.