If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party, except that the appointee of the court shall have no authority to execute a conveyance of land outside the State of Vermont. The court may also in proper cases adjudge the party in contempt. If real property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law, if a copy thereof, certified by the clerk, is recorded in the office in which a deed of such real estate is required by law to be recorded.
Rule 70.Judgment for specific acts; vesting title
Group VIII: Provisional and Final Remedies and Special Proceedings · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 70 gives a Vermont court several ways to force compliance with a judgment ordering someone to convey land, deliver documents, or perform a specific act -- appointing a substitute to act, holding the party in contempt, or vesting title directly through the judgment itself.
Full Text of Rule 70
Notes
Reporter’s Notes: This rule is substantially identical to Federal Rule 70, providing a variety of remedies against a party who refuses to comply with a judgment directing him to convey real estate or perform some other act. The first sentence of the rule, in a procedure new to Vermont, permits the court to appoint a person to carry out the act on the recalcitrant party’s behalf. Following the Maine rule, the provision is made inapplicable to real estate located outside the state on the theory that ordering the conveyance of such land is beyond the powers of the state. See Fall v. Eastin, 215 U.S. 1 (1909). In all probability, a Vermont judgment affecting land in another state could be enforced by a suit on the judgment in that state. See Restatement of Conflict of Laws Second § 102, Comment d (Proposed Official Draft, 1967). As an alternative where conveyance of real estate is in issue, the rule provides that the judgment may vest title to the property in the proper party and that such judgment shall have the force of a conveyance if it is properly recorded. This provision carries forward 12 V.S.A. § 4565 (now superseded), which was of similar effect. A provision of the federal rule for writs of attachment and sequestration in aid of judgment is omitted, because such writs have been held effective only as mesne process in Vermont. See 12 V.S.A. § 4321 (now superseded); Steam Stone Cutter Co. v. Jones, 13 Fed. 567 (C.C. Vt. 1882). A provision of the federal rule for writs of execution or assistance when a judgment orders delivery of possession of property is also omitted, because such matters are covered in Rule 69. The rule retains the contempt power as a basic sanction against the disobedient party. See 12 V.S.A. §§ 121-123.
Plain-English Summary
When a judgment orders a party to execute a conveyance of land, deliver deeds or other documents, or perform some other specific act, and that party misses the deadline to comply, the court can step in. It may direct that the act be done, at the disobedient party's expense, by some other person the court appoints -- and once done, that act carries the same legal effect as if the original party had done it. There is one limit: the court-appointed substitute has no authority to execute a conveyance of land located outside Vermont. The court may also, in proper cases, hold the noncompliant party in contempt.
For real property located within Vermont, the court has an alternative to ordering a conveyance at all. It can enter a judgment that divests title from one party and vests it in another directly. Once a certified copy of that judgment is recorded in the office where a deed to that real estate would ordinarily be recorded, the judgment itself has the effect of a properly executed conveyance -- no separate deed needs to be signed.
Frequently Asked Questions
What can a Vermont court do if someone refuses to sign a deed as a judgment requires?
The court may direct that the conveyance or other specific act be done, at the disobedient party's cost, by some other person the court appoints. The act then has the same effect as if the original party had done it. The court may also hold the disobedient party in contempt.
Can the court-appointed substitute convey land located outside Vermont?
No. Rule 70 specifically withholds that authority -- the appointee has no authority to execute a conveyance of land outside the State of Vermont.
Is there an alternative to ordering someone to sign a conveyance for Vermont real estate?
Yes. For real property within the state, the court can instead enter a judgment divesting title from one party and vesting it in another, in lieu of directing a conveyance.
How does a title-vesting judgment become effective as a conveyance?
A certified copy of the judgment must be recorded in the office where a deed of that real estate is required by law to be recorded. Once recorded, the judgment has the effect of a conveyance executed in due form of law.
Can the court hold the disobedient party in contempt in addition to appointing someone to act?
Yes. Rule 70 allows the court to adjudge the party in contempt in proper cases, on top of directing that the act be carried out by a court-appointed substitute.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: vermont rule 70vesting title by judgment vermontcourt ordered conveyance vermontvrcp 70judgment for specific acts vermont