12 V.S.A. § ___ § 4764
Recovery according to right
Operative Text
On trial in an action of ejectment, the plaintiff shall recover on the merits, according to his or her right.
Under 12 V.S.A. ch. 169 § 4764, when an ejectment case goes to trial in Vermont, the court determines the outcome based on the actual legal rights of the parties rather than on procedural technicalities. The plaintiff—typically the party seeking to reclaim possession of property—can only prevail if they demonstrate a valid legal right to do so. The rule establishes that merit, not form, governs the result of an ejectment proceeding.
Plain English — not legal advice.
Under 12 V.S.A. ch. 169 § 4764, a property owner pursuing an ejectment action must be prepared to demonstrate a clear legal right to possession at trial. Compliant operators generally ensure their ownership or lease documentation is in order before initiating such proceedings, since the court will evaluate the substance of the claim. A well-documented chain of title or tenancy agreement is central to establishing the merits required by this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 12 V.S.A. ch. 169 § 4764, a tenant facing an ejectment action has the right to have the case decided on its actual legal merits, meaning the landlord must prove a genuine legal entitlement to possession. Tenants may raise substantive defenses at trial that challenge the landlord's underlying right to the property or to terminate the tenancy. Those facing ejectment proceedings may wish to consult a tenant-rights organization or legal aid service to understand what defenses may be available under this standard.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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