In the absence of actual knowledge or constructive notice derived from properly indexed instruments in the chain of title to the contrary, a title examiner may presume that an individual grantor identified in a recorded deed was of full legal age at the time of the conveyance.
Comment 1. An attorney representing the purchaser or mortgagee from a minor must require and record a guardian’s license to sell or convey issued by a court of competent jurisdiction.
Comment 2. Since March 29, 1972, a “minor” is defined as a person under the age of eighteen (18) years. Title 1 V.S.A. §173. An adult person is one who is “a resident or non-resident person of eighteen years or older”. Id.
March 29, 2000:
- Restated the language defining “knowledge” as being actual knowledge or constructive notice derived from properly indexed instruments in the chain of title. This concept is used in the first clause of Standards 6.2, 6.3, 6.4 and 6.5
- Deleted Comment 3 because the internal reference to Comment 2 in Standard 6.3 no longer applied.