An instrument will only operate as a conveyance of the legal title to an interest in land if it designates an individual or entity authorized by statute as grantor who is (a) in existence and (b) has the capacity to hold and transfer the legal title to land at the time of the conveyance.
Comment 1. Pursuant to 1 V.S.A. §118, a grantor “may include every person by or from whom an estate or interest in land is passed in or by a deed” and a grantee “may include every person to whom such estate or interest passes.” A “person” is defined as “any natural person, corporation, municipality, the State of Vermont or any department, agency or subdivision of the State and any partnership, unincorporated association or other legal entity”. 1 V.S.A. §128.
March 29, 2000:
- Comment 1 revised by incorporating the statutory definition of grantee and grantor.
- Second paragraph and third paragraph of Comment 1 were deleted.