An instrument is considered to be recorded and effective against subsequent parties from the time it is delivered to the town clerk, even though there is (1) a delay in the transcribing or indexing; (2) a complete failure to transcribe or index; or (3) an error by the town clerk in the transcribing or indexing of the same.
Comment 1. The duties of a town clerk in reference to the recording of instruments affecting the title to real estate are set forth in Title 24 § 1154, § 1159, and § 1161. However, the proper recording of such an instrument by the town clerk is constructive notice notwithstanding clerical errors attributable by the town clerk in indexing the instrument in the town land records. Haner v. Bruce, 146 Vt. 262, 264. The indices which the town clerk is required to maintain are not part of the record, and thus the complete failure to index a recorded instrument does not invalidate the recording.
Comment 2. As a matter of good practice, a title examiner should conduct a follow-up search to verify recording of instruments previously delivered for recording.