Vermont Bar Journal, Vol. 40, No. 2 Summer 2015, Vol 41, No. 2 | Page 32

Tales from the Crypt (Vault) 32 overheard more than one clerk speak of an attorney referenced as arrogant or disliked in some way, where the clerk would just record the defective deed anyway and note that the attorney could pay to correct it later. Even more disturbing is the legend of a clerk that would show you the unrecorded documents in a drawer if the clerk liked you, but would not if you were disliked. Similarly, one attorney witnessed another searcher who became frustrated when he could not figure out a chain of title and left the office. After the attorney left, the clerk said that he might have let the searcher know that the woman purchased the property under another name if he had liked that attorney. Being on a clerk’s “good side” can apparently alleviate biological discomfort. One attorney reported being told when calling to verify a town’s hours that the office would be closed for a few days after that day. The attorney left at the crack of dawn to ensure the title could be completed in one day. After a long drive, the searcher requested to use the restroom to which the clerk replied that the attorney could either go out back or to the store down the road. After traveling to the store and buying a few items the attorney asked to use the restroom. The gentlemen sweeping the floor said they only had a men’s room. Even though the female at- THE VERMONT BAR JOURNAL • SUMMER 2015 torney said she could make do, the store clerk said a little louder “It’s a men’s room,” apparently noting that she did not qualify. After telling the store clerk that the town clerk had sent her, the store clerk called the town clerk and said, “There is someone here looking to use the men’s room.” Not privy to what came next, the attorney witnessed the store clerk hang up, point to the door and say, “Go ahead—apparently the town clerk likes you.” Upon returning to the town office, the “thank you” regarding the restroom fell on deaf ears, followed by a quick standard run down of the office “rules” such as no heat, no books leave the cold room, and no liquids. Our member had to chuckle at the last rule, because she was darn certain she would not drink any liquids during her search, lest she’d have to use the bathroom again! In some clerk’s offices it was neither a radio nor a television distracting you but the clerks themselves. In one small town there was a small safe and a couple of shoeboxes for the liens and complaints and only a few books. If books were used you would get the clerk’s living room and the ubiquitous card table. And of course, if you got the card table, you got the clerk too, who went on with stories and stories about the stories. One attorney recalls a clerk saying “Now don't be surprised" before the attorney started the search in a side room. The searcher found one had to move gin bottles around to find each and every book that was needed. Before photocopiers, clerks typed or hand copied deeds into the land records. On one occasion, a member recalls a clerk calling and asking how was she to know who was the witness, as the attorney’s signature was illegible. When the attorney replied, “How did you know to call me?” the clerk conceded the point. In some towns, the aging of the clerk over the decades could be evidenced by the slowly deteriorating handwriting. In one town, which may have been the last precursor to photocopying, it became evident that the recorded entries contained dozens of superfluous “herebys” and “herewiths” as the clerk was apparently paid by the folio, not by the page, and sought to increase his return. While some clerk’s “rules” are no more than idiosyncrasies of each office, the last story in this section highlights just how those inconsistencies can affect the transfer of title in Vermont. One attorney had sent a deed for recording regarding a large tract of timberland. After waiting the requisite six months or so for the deed to be returned, the attorney tried to follow up with the clerk as to when the original might be returned but could never get a call back. Not getting any response from the clerk, our member asked a local attorney to go www.vtbar.org