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Vermont Questions & Answers
3 Answers | Asked in Real Estate Law and Civil Litigation for Vermont on
Q: How to stop someone from using my property after 30 years of presumed class four road usage?

I recently discovered that a path on my property, thought to be a class four road, is actually private land. I want to stop an individual who has been driving over it with verbal permission for the past 30 years. I've confirmed property ownership with a legal survey. No formal easement or... View More

Anthony M. Avery
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answered on May 1, 2025

The driver may have an easement by prescription or other methods creating easements. If you lock the gate he may destroy it or sue you. Then you have to defend yourself. If he is an adjoining landowner, his easement must be in your chain of title, not his. Search both titles, Litigation... View More

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3 Answers | Asked in Car Accidents, Contracts, Personal Injury and Insurance Defense for Vermont on
Q: Can an insurance settlement remain open for future medical expenses from a car accident in Vermont?

I was involved in a car accident where the other driver was at fault, resulting in a head injury for which I'm receiving an insurance settlement. However, I haven't agreed to the settlement yet because it releases the other driver from liability for future medical bills. My neurologist... View More

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Apr 16, 2025

Hi - Unfortunately, it is extremely unlikely that any insurance company would agree to a settlement keeping future medical treatment open. I strongly suspect that will not be an option.

It is always important in situations like this to be able to show the insurance company what types of... View More

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2 Answers | Asked in Probate, Estate Planning and Contracts for Vermont on
Q: Can an executor deduct expenses before distributing sale proceeds from inherited house?

I inherited a house along with my siblings, and we're all listed on the deed. My oldest brother, the executor, obtained a signed POA for the sale because two of us live out of state. He claims we need to pay for expenses like a dumpster rental, but initially, there were no debts mentioned.... View More

Nina Whitehurst
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answered on Apr 8, 2025

Yes, of course your brother can deduct expenses of fix up and repair and sale before distributing sale proceeds. It would be highly inequitable for you to reap the benefit of those things without bearing any of the burden.

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2 Answers | Asked in Immigration Law for Vermont on
Q: I am on B2 visa currently in the US & was offered a job at a healthcare facility. What is the process in applying EAD?

I would like to consult on how to process work visa, Employment Authorization Document if I have a B2 visa? I am currently here in the US. I also need to ensure my son who’s 15 yrs old will be able to get his SSN and what’s the process for obtaining green card for both of us? He’s also with... View More

Syed Ali Hussain Lahooti
Syed Ali Hussain Lahooti
answered on Dec 5, 2024

While it is technically possible to apply for a change of status to employment-based status while you are legally on a B-2 visa, there are significant challenges to consider. One important limitation is that your I-94 was likely issued for a specific period, typically six months. Given the... View More

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1 Answer | Asked in Federal Crimes and Constitutional Law for Vermont on
Q: With new case law, are non violent federal felons allowed to exercise their Second Amendment rights to own a Firearms ?

The US Department of Justice (DOJ) asked the US Supreme Court to clarify whether 18 U.S.C. 922(g)(1) can constitutionally prohibit both violent and non-violent offenders equally from owning guns in light of the Second Amendment, which guarantees the right to keep and bear arms.

James L. Arrasmith
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answered on Jul 21, 2024

The issue of whether non-violent federal felons can exercise their Second Amendment rights to own firearms is currently under scrutiny. The US Department of Justice has sought clarification from the US Supreme Court on whether 18 U.S.C. 922(g)(1), which prohibits felons from owning guns, applies... View More

1 Answer | Asked in Trademark and Intellectual Property for Vermont on
Q: How do I relinquish this trademark?

I would like to relinquish a trademark.

James L. Arrasmith
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answered on Apr 21, 2024

To relinquish a trademark, you need to follow these steps:

1. Determine if you want to fully abandon the trademark or assign it to another party.

2. If abandoning the trademark:

a. Stop using the trademark in commerce entirely.

b. File a "Voluntary Surrender of... View More

1 Answer | Asked in Business Law for Vermont on
Q: can board for non profit consist of 2 famiy members, it says majority cannot be related

can the board consist of 3 family members or 2

James L. Arrasmith
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answered on Apr 10, 2024

In Vermont, the law does not specifically prohibit family members from serving on the board of a nonprofit organization. However, the Vermont Secretary of State's office provides the following guidance:

"The majority of the directors of a public benefit corporation may not be... View More

1 Answer | Asked in Consumer Law and Internet Law for Vermont on
Q: Can I sue international online store about they included import fee but they not pay for it

I order from Revolve in the checkout they charge me 10% for import fee and also in the document clearly state that the duty fee and tax have to collect from exporter.. whe the product came the duty fee is more than 10% and they refuse to pay for it n not refund me back as well.. I have to pay for... View More

James L. Arrasmith
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answered on Mar 14, 2024

I understand your frustration with this situation. Whether you can sue the international online store depends on several factors, such as the store's terms and conditions, the laws of the countries involved, and the specific circumstances of your case.

Here are a few points to... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Vermont on
Q: How do you claim an abandoned vehicle on public property in Vermont.

The vehicle has been parked on public property since September of 2023 or longer, there is no plate, registration sticker or emissions sticker and the car is partially gutted on the inside, is missing a side mirror and has lots of exterior damage.

James L. Arrasmith
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answered on Feb 23, 2024

To claim an abandoned vehicle on public property in Vermont, you typically need to follow a specific process outlined by local authorities. Begin by contacting the local law enforcement agency or the Department of Motor Vehicles to report the abandoned vehicle and inquire about the steps for... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Does my employer have to allow me to flex my schedule for prenatal appointments?

I work for a state government, and requested previously to be allowed to flex my schedule to allow me to go to my prenatal appointments without having to use sick leave due to the employer not paying maternity leave and requiring employees to use their own sick time. And it was denied. I recently... View More

James L. Arrasmith
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answered on Jan 24, 2024

Under the Pregnancy Discrimination Act, employers are required to treat pregnant employees the same as others who are similar in their ability or inability to work. This means if your employer provides accommodations for other employees with medical conditions, they should also do so for... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Can my employer deny my request for leggings as a reasonable accommodation to pregnancy in VT?

I work in Vermont, and I was recently placed on a temporary job assignment with a business casual dress code (no jeans, no leggings). I asked if I would be permitted to wear leggings due to my pregnancy causing me to rapidly outgrow my business pants. Others in different divisions within the same... View More

James L. Arrasmith
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answered on Jan 23, 2024

In Vermont, employers are required to provide reasonable accommodations for employees with medical needs, including pregnancy, unless doing so would cause undue hardship to the employer. The request to wear leggings due to pregnancy could be considered a reasonable accommodation under these laws,... View More

1 Answer | Asked in Civil Rights for Vermont on
Q: What is the reasonable expectation of privacy in a commercial environment?

I rent a work space in a small industrial area. Cars can drive in, but have to drive out the way they came. There is a No Trespassing sign as you enter. Recently, a surveillance camera has appeared above the door I use to enter the building, the kind that records audio and transmits audio/video to... View More

James L. Arrasmith
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answered on Jan 14, 2024

In a commercial environment, your expectation of privacy is generally less than in a private setting, but it's not entirely absent. The specific nature of the rented space and the terms of your rental agreement play significant roles in determining your reasonable expectation of privacy.... View More

1 Answer | Asked in Civil Litigation for Vermont on
Q: My ex and I are both named on the title of a vehicle. Every time he gets mad at me he threatens to take the car from me
James L. Arrasmith
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answered on Jan 11, 2024

Dealing with a situation where both you and your ex are named on the title of a vehicle can be challenging, especially when threats to take the car are involved. If both names are on the title, legally, you both have equal ownership rights to the vehicle. This means that neither party can... View More

1 Answer | Asked in Contracts, Civil Litigation, Personal Injury and Domestic Violence for Vermont on
Q: Need help with car purchase dispute, threats, and repayment issues.

I bought a car from someone and paid off debts on the car, which included 12 late payments totaling approximately $2,500. I also arranged and paid for six months of insurance and gave him $3,000 cash upfront. Additionally, we lent him another $3,000 cash during a time of need, which he promised to... View More

James L. Arrasmith
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answered on Jul 5, 2025

You are facing both a civil dispute and a potentially dangerous criminal situation, and you should take immediate steps to protect yourself. Start by filing a police report for the threats and harassment, including the nighttime disturbances and any voicemails or messages containing threats to your... View More

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for Vermont on
Q: Threats and vandalism concerns; seeking legal help in Vermont

I am experiencing threats from an individual, including threats to harm my family members in Brazil and vandalize my property, such as slashing my tires. I've made a police report, and the individual has been sending videos blaming me for distress caused to his wife. I had to trespass one of... View More

James L. Arrasmith
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answered on Jul 5, 2025

You’ve already taken an important first step by filing a police report, which creates an official record of the threats and potential vandalism. Now, you should gather and preserve every piece of evidence—screenshots of the messages, video recordings, and photos of any property damage. Keep a... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Real Estate Law for Vermont on
Q: Can a VT town override state-mandated property valuation?

In Vermont, can a town enact a law that overrides the 60-70% property valuation mandated by 32 V.S.A. § 3481(c), specifically by locking covenant-restricted properties at 30%, including new properties placed under such covenants?

James L. Arrasmith
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answered on Jul 4, 2025

You cannot lawfully override the uniform appraisal percentage set by the Vermont Legislature in 32 V.S.A. § 3481(c), which requires all property to be grand-list valued at 60 percent (or 70 percent for municipalities opting up) of fair market value.

Any municipal bylaw or ordinance... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Vermont on
Q: How long must I hold left belongings of guests?

I allowed three teens to stay in my apartment for 12 days under a verbal agreement. They have since left but have not collected their belongings, which include clothes, a computer, and a couple of boxes. I've contacted them, and they expressed an intention to pick up their items, but no... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're handling this with more patience than most would, and it's good that you're thinking about it the right way. Since there was a verbal agreement and they were only staying temporarily, the law typically treats them as guests rather than tenants. In most states, including many... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Gov & Administrative Law and Real Estate Law for Vermont on
Q: Legal options for unsafe apartment complex with negligent landlord

I live in an apartment complex that is frequently broken into. There are drugs being used and needles left on the ground. Despite multiple requests to fix the broken door and ensure safety, the landlord continues to ignore our concerns and provides excuses. I've documented these issues and... View More

James L. Arrasmith
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answered on Jun 1, 2025

You’re not wrong to feel unsafe or angry—your landlord has a legal duty to provide a livable, secure environment. If the complex has broken entry points, visible drug use, and criminal activity, and the landlord refuses to address those dangers, that may violate your lease and your state’s... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Vermont on
Q: Neighbor blocked property access; town won't help. What can I do?

I live in Vermont, where my property borders a town right of way, and my neighbor has blocked my only access to bring in firewood. The town manager agrees that my neighbor can't do this but refuses to remove the barrier. My financial situation prevents me from switching to heating oil, as it... View More

James L. Arrasmith
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answered on May 16, 2025

Since the town manager agrees that your neighbor shouldn’t be blocking the right of way, but the town has refused to take action, your next step could be to look into enforcing your legal rights. You have the right to access your property through the established right of way, and Vermont state... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Vermont on
Q: Legal strategies for a Vermont case involving domestic assault accusations with mental health factors involved.

My friend is involved in an ongoing legal case from 2023, where he is accused by his ex-girlfriend of domestic assault, unlawful restraint, aggravated domestic assault, and burglary. These charges arose after he visited her at 4 a.m. to retrieve his dog following their breakup due to her mental... View More

James L. Arrasmith
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answered on Apr 16, 2025

Given the complexity of these charges and the context surrounding the incident, your friend’s legal strategy should focus on establishing the absence of criminal intent and highlighting his actions as driven by concern for someone in crisis. The fact that he was responding to suicidal threats and... View More

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