Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Spring 2017, Volume 43, No. 1 | Page 17

Five Years
A subdivision plat must be recorded
within 180 days of the date the DRB/ZBA
approves it or the applicant must start over
seeking a new approval, with the possibility
of a 90-day extension if the zoning adminis-
trator approves and the delay is caused by
pending state or local permits. 76
A contractor’s lien continues in force for
180 days from the time payment became
due for the last of the labor performed or
materials furnished. 77 When a person is absent and unheard
from for five years, that person’s estate may
be probated as if the person had died. 87
The points you accumulate for violating
fish and wildlife laws or rules count only for
five years from the date of conviction. 88
One Year
One year is the statute of limitations for
challenging towns for property taxes paid
under protest, suing to recover for injuries
sustained while skiing, refiling an action af-
ter it was dismissed for lack of service by
the officer who was to serve it or other rea-
sons, challenging judgments or orders on
grounds of certiorari, bringing a civil action
to challenge a judgment or order when the
plaintiff is a minor or otherwise lacks capac-
ity to protect his or her interests, or filing
against a surety on a replevin bond. 78
Two Years
To qualify to run State Representative
or Senator, a candidate must reside in Ver-
mont for at least two years, the last year of
which must be in the district for which the
office is sought. 79
All elective state officers, State Repre-
sentatives and Senators, and Justices of
the Peace serve terms of two years. 80
Three Years
Actions to recover for personal injuries
or injuries to property, assault and battery,
false imprisonment, or slander or libel must
be filed within three years of the time the
cause of action accrues. 81 The same limita-
tion applies to actions to recover for ion-
izing radiation injuries or from other nox-
ious agents, calculated from the time the
injuries are known or should have been
known. 82 Claims for FELA (the Federal Em-
ployers’ Liability Act) must filed in three
years from the date of the accident. 83
Three years from the filing of a return is
the deadline for petitioning the Commis-
sioner of Taxes for a refund. 84
One Hundred and Eighty Days
Six Years
Six years is the basic statute of limita-
tions for filing most civil complaints. 89 For
actions based on childhood sexual abuse,
the six years runs from the time the victim
discovers the injury. 90
To enforce a note payable at a definite
time, the complaint must be filed within
six years after the due date. 91 When land
is sold separately from the timber or the
rights to timber with the underlying land,
and the timber or rights are sold within six
years of the sale, the gain on the timber be-
comes subject to the land gains tax to be
paid by the transferor. 92
Judges and Justices serve six years
from the date of their initial appointment
and then must be continued in office, un-
less a majority of members of the Gener-
al Assembly voted against continuation, al-
though with interim appointments the pe-
riod is shorter. 93
Eight Years
Eight years is the statute of limitation for
actions founded on covenants of warran-
ty in a deed after a final decision against
the title of the of the covenantor in such
deed. 94 The end of the same period limits
actions on covenants other than warranty
or seisin after the cause of action accrues. 95
Actions on judgments and actions for the
renewal or revival of judgments must be
brought by filing a new and independent
action within eight years of the rendition of
the judgment. 96 Actions on specialties have
to be brought within eight years after the
cause of action accrues. 97 Town and region-
al plans expire five years after they are ad-
opted. 98
Fourteen Years
Fourteen years is the limit for filing ac-
tions bought on a promissory note signed
in the presence of an attesting witness, af-
ter the cause of action accrues. 99
Four Years
Fifteen Years
A candidate for Governor or Lieutenant-
Governor is ineligible to be elected un-
til the person has resided in Vermont four
years next preceding the day of election. 85
All elective county officers and Probate
Judges serve terms of four years. 86
www.vtbar.org
An action for recovery of lands or their
possession must be commenced within
15 years after the cause of action first ac-
crues. 100 This is the rule applied for proof of
adverse possession and prescriptive rights.
Actions brought under a covenant of sei-
THE VERMONT BAR JOURNAL • SPRING 2017
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