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Bar real‑property section backs corrective language to ease land‑record delays
Summary
James Knapp, co‑chair of the Vermont Bar Association’s Real Property section, supported an amendment to 27 VSA §348 to validate older recorded instruments executed under powers of attorney and proposed adding a fraud/forgery carve‑out.
James (Jim) Knapp, co‑chair of the Vermont Bar Association Real Property section, testified April 3 in favor of corrective language added to 27 VSA §348 intended to prevent delays in land‑record transactions caused by missing or old powers of attorney.
Knapp said the Real Property section helped draft the proposed subsection and described a common problem: a document recorded 25 years ago executed under a power of attorney may be technically invalid under the current statutory text if the underlying power cannot be found, which can delay sales or refinances. "If you're in the land records and you find a 25 year old power document executed under a power of attorney 25 years ago, but you can't find the power of attorney technically under the statute as it's presently written, you have to throw up your hand," Knapp said.
Committee member Ian asked whether the new subsection should include a carve‑out for powers of attorney obtained by fraud or forgery. Knapp said adding language to make clear that the new subsection would not cure a power of attorney obtained by fraud or forgery "would be a reasonable change."
Knapp said the section generally supports corrective statutory language that prevents unnecessary title disputes and delays. The committee thanked him for his testimony; no vote was recorded during his remarks.
