Vermont Code § 12 V.S.A. § 4811

§ 4811. When and for what maintainable
When the plaintiff commences an action of ejectment, the defendant shall counterclaim
for the value of the improvements made upon the land by him or her or by those under
whom he or she claims, if he or she or his or her predecessors in title purchased
the land recovered in the action, supposing the title to be good in fee at the time
of the purchase, or if he or she or his or her predecessors in title took a lease
of the land supposing that lease to convey the title and interest therein expressed
at the time the lease was accepted. Recovery on the counterclaim shall be contingent
on the plaintiff’s recovery on the claim for ejectment. The increase in the value
of the land in consequence of betterments so made shall be held to be the value of
the betterments.

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