Vermont Mechanic's Lien Template

Filing Deadline

Notice of lien (written memorandum) must be filed in the town clerk's land records within 180 days from when payment became due for the last labor performed or materials furnished (9 V.S.A. § 1923). The lien expires unless, within 180 days of recording the memorandum, the claimant (1) commences a civil action to enforce the lien AND (2) obtains and records a prejudgment writ of attachment against the real estate (9 V.S.A. § 1924).

Clock starts: Date payment became due for the last labor or materials furnished by that claimant (not project completion).

Where to Record

Office of the town/city clerk in the Vermont TOWN (not county) where the real estate is situated. Vermont land records are maintained at the municipal level, not the county level — this is unusual and a frequent source of error. For the largest municipality, that is the Burlington City Clerk, Land Records Office, 149 Church Street, Burlington, VT 05401 (recording fee $15/page).

Notarization

Required — document must be sworn before a notary.

The mechanic's lien statute (9 V.S.A. § 1923) itself only requires the memorandum to be 'signed.' However, 27 V.S.A. § 341 — Vermont's general recording statute — requires that any instrument affectin

Service Requirement

Vermont's mechanic's lien statute does not require post-recording service of the memorandum on the owner or contractor. HOWEVER, to perfect the lien, the claimant must, within 180 days of recording: (a) commence a civil action to enforce the lien (which requires service of process on the owner under V.R.C.P. 4), and (b) obtain a prejudgment writ of attachment under V.R.C.P. 4.1 and record it in the same town land records. Best practice: mail a copy of the recorded lien to the owner by certified mail within a few days of recording, even though not statutorily required.