12 V.S.A. § ___ § 4765
Damages; transfer of title pending action
Operative Text
If judgment is rendered for the plaintiff in an action of ejectment, he or she shall recover his or her damages and the seisin and possession of the premises. If the title of the plaintiff expires or is conveyed by him or her after the commencement of such action, the suit shall not thereby fail, but the plaintiff may recover judgment for his or her damages for the detention of the premises during the continuance of his or her title, with costs.
Under 12 V.S.A. ch. 169 § 4765, when a court rules in favor of the party bringing an ejectment action in Vermont, that party is entitled to recover both monetary damages and physical possession of the property. Notably, the rule also addresses what happens when the plaintiff's ownership interest expires or is transferred after the lawsuit has already begun — the case does not automatically collapse. Instead, the plaintiff may still pursue a damages award covering the period during which they held title, even if they can no longer claim current possession.
Plain English — not legal advice.
Property owners and managers involved in ejectment proceedings under 12 V.S.A. ch. 169 § 4765 should be aware that a successful action can result in both a damages award and restoration of possession. Operators who sell or otherwise transfer their interest in a property after filing an ejectment suit generally retain the ability to seek damages for the period of unlawful detention that occurred while they still held title. Keeping thorough records of the timeline of ownership and any losses attributable to the occupant's detention of the premises is a practice commonly associated with well-documented ejectment claims.
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 § 4765, a tenant facing an ejectment action should understand that the original plaintiff may still be able to recover damages even if their ownership of the property changes hands during the lawsuit. This means that a transfer of title does not necessarily end the legal proceedings or eliminate the damages claim for the period of alleged unlawful detention. Tenants in this situation may benefit from consulting a tenant-rights organization or legal aid service to understand how this provision could affect their case and what defenses or responses may be available to them.
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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