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I record anything submitted like that without making any margin notations.  I often warn the person presenting it that it may or may not be enforceable and they should seek legal advice.  I try to stay very far away from putting myself in a position where people assume that I am checking their documents to make sure they are legally binding.  That, quite frankly, is not our job.  Good luck!

Kristin

 

From: Vermont Municipal Government Discussion Network <[log in to unmask]> On Behalf Of Nikki Tomlinson
Sent: Thursday, September 27, 2018 9:07 AM
To: [log in to unmask]
Subject: LEASE RECORDING

 

Good Morning -

 

I have someone who brought in a “Life” Lease to be recorded. The land owner is listed in the agreement but did not sign the document. The only signatures are the couple who are listed as the ones who have been given the life lease. As this document is altering

a property are all parties required to sign? Can I record it or is this something I should be refusing to do without all the required signatures. The signatures of the couple does show to be notarized but the notary is ineligible, the document is a pretty bad photocopy and has a lot of hand written information added to it.

 

Nikki L. Tomlinson, Town Clerk
Town of Newbury
PO Box 126
4982 Main Street South
Newbury VT 05051
802-866-5521 - Phone
802-866-5301 - Fax
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