12 V.S.A. § ___ § 4762
When judgment shall not prejudice landlord
Operative Text
When the plaintiff neglects to join the landlord, if any, with the tenant in such action, or by collusion with the tenant recovers judgment against him or her for the seisin of lands, such landlord shall not be prejudiced thereby, but shall be held to have the prior possession in a trial thereafter had of his or her right to such lands against the person so recovering, or a person deriving claim from him or her.
Under 12 V.S.A. ch. 169 § 4762, a landlord's legal rights to land are protected when a court judgment is obtained against a tenant without the landlord being included in the lawsuit, or when such a judgment results from collusion between the plaintiff and tenant. In those circumstances, the judgment does not bind or harm the landlord. If the landlord later goes to court to assert rights to the same land, the law treats the landlord as having had prior possession, preserving the landlord's standing in that subsequent proceeding.
Plain English — not legal advice.
Under 12 V.S.A. ch. 169 § 4762, property owners whose tenants are sued for possession of land—without the landlord being named as a party—retain their legal standing as if the adverse judgment never occurred. Operators who become aware of litigation involving their tenants and their leased property generally take steps to monitor such proceedings and assert their interest before a judgment is entered. Because this provision preserves a landlord's prior-possession status in any later trial, property owners typically document their ownership and possession history carefully to support any future claim.
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 § 4762, tenants should be aware that a court judgment obtained in a land-possession action does not automatically extinguish the landlord's rights if the landlord was not properly joined in the lawsuit. This means that even if a plaintiff wins a judgment against a tenant, the landlord may later assert prior possession rights against that same plaintiff or anyone claiming through them. Tenants involved in possession disputes may wish to consult a tenant-rights organization or legal aid service to understand how this provision could affect their situation and what options 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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