Real estate in New Hampshire is conveyed by a deed executed by any person or his attorney, acknowledged and recorded as directed by New Hampshire statutes, without any other act or ceremony (477:1). Real estate or interest in real estate in New Hampshire cannot be conveyed without an instrument in writing that is signed by the grantor or his attorney. The New Hampshire statutes provide a form for a warranty deed and a quitclaim deed, both of which can be altered to suit the purposes of a transaction (477:27,28). In this state, the warranty deed is in common use.
Any citizen who is legally entitled to own property may convey the same by a deed in writing. Any corporation---public or private---authorized to hold real estate may also convey the same by an agent appointed by vote for that purpose (477:2). An alien resident in this state may take, purchase, hold, convey, or devise real estate, and it may also descend in the same manner as if he were a citizen of the United States (477:20). Property may be conveyed to two persons as tenants in common and as joint tenants with or without the right of survivorship (477:18). This is not an exhaustive list of the ways in which property can be conveyed. The manner in which title to property is held will determine the method of conveyance.
A deed or other conveyance of real estate in New Hampshire should be an original that is signed by the party granting the property and acknowledged by the grantor before a justice, notary public, or commissioner. It is also necessary to provide a mailing address for the grantee (477:3). Witnesses are not required on a conveyance executed in New Hampshire. A certificate of acknowledgment taken outside the United States before any authorized officer will be valid if it is in the form required by law for an acknowledgment taken within the state (477:5). New Hampshire follows the Uniform Recognition of Acknowledgments Act. Additional requirements for the form of records for registers of deeds in New Hampshire are listed in 478:4a. A register of deeds may not accept an instrument for recording and filing unless it meets the aforementioned guidelines. Additionally, New Hampshire requires a recitation of the marital status of a grantor to be present on a deed, and it is also preferable to recite the marital status of the grantee because New Hampshire has an automatic homestead statute relative to a principal (NH Rev. Stat. Ann. Sec 480), which means that the homestead exemption is automatically given.
Every deed or other conveyance of real estate or other instrument which affects title to any interest in real estate in this state should be recorded at length in the registry of deeds office in the county (or counties) where the property is located. Such deed, conveyance, or other instrument will not be effective as against bona fide purchasers for value until it is recorded (477:3-a). No deed of bargain and sale, mortgage, or other conveyance of real estate, will be valid to hold the same against any person but the grantor and his heirs only, unless such deed is acknowledged and recorded (477:7). If a person has an unrecorded deed or other evidence of title to real estate in his possession and neglects to record it, or refuses to allow it to be recorded, for the space of 30 days after being requested in writing by a person who has an interest in such estate, any justice, upon complaint, may issue his warrant and cause such person to be brought before him for examination, and, if sufficient cause for such neglect or refusal is not shown, may order such deed or evidence of title to be recorded, and commit the person to jail until such order is performed and payment of costs is made (477:14).
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Available New Hampshire Documents