Real Estate Deeds

New Hampshire Manufactured Housing Warranty Deed

Under New Hampshire state law "manufactured housing" in 1983 manufactured homes were changed to real estate. Ownership is transferred by deed rather than a bill of sale. If you purchased a home after August 1983 you must obtain a deed in order to convey your home to a buyer.

New Hampshire Revised Statute, Section: 477:44 Buildings; Manufactured Housing. --
I. Application of Real Estate Laws. Buildings situated on land not belonging to the owners of the buildings shall be deemed real estate for purposes of transfer, whether voluntary or involuntary, and shall be conveyed, mortgaged or leased, and shall be subjected to attachment, other liens, foreclosure and execution, in the same manner and with the same formality as real estate.
II. Manufactured Housing. Manufactured housing, as defined by RSA 674:31, shall be deemed a building for the purpose of paragraph I when such manufactured housing is placed on a site and tied into required utilities. Any deed conveying manufactured housing or evidencing its relocation within this state shall be substantially in the form provided in subparagraphs (a) and (b). If a deed for any manufactured housing is recorded in the registry of deeds of one county of this state and if such manufactured housing is relocated to another site in that county or to a site in another county of this state, a deed evidencing the change of location shall be recorded in the registry of deeds of the county in which it was originally located and a duplicate original shall also be recorded in the registry of deeds of the county to which it was relocated. If such manufactured housing is relocated to a site outside of this state, a statement evidencing the change of location substantially in the form provided in subparagraph (c) shall be recorded in the registry of deeds of the county in this state in which it was previously located. An attachment, lien or other encumbrance on manufactured housing, when properly created and recorded as required by law, shall continue to be enforceable until released or discharged notwithstanding the relocation of the manufactured housing within or outside of this state.
(a) A deed in substance following the form provided in this subparagraph shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenant on the part of the grantor, for the grantor, the grantor's heirs, executors and administrators that, at the time of the delivery of such deed, the grantor was lawfully seized in fee simple of the manufactured housing; that such manufactured housing was free from all incumbrances, except as stated; that the grantor had good right to sell and convey the same to the grantee, the grantee's heirs, successors and assigns; and that the grantor and the grantor's heirs, executors and administrators shall warrant and defend the same to the grantee and the grantee's heirs, successors and assigns, against the lawful claims and demands of all persons. No owner of land shall unreasonably withhold the consent required by this statutory form.

If you live in a park, you are free to sell your manufactured home in place at a price of your own choosing. The park owner cannot require either you or the buyer to move the home out of the park solely because of the sale. The park owner can require that the home be brought up to minimal safety and sanitary standards, but it is up to the park owner to establish that the home is not safe or sanitary. The parkowner may require a pre-sale inspection of the home. After the inspection he must provide a list of all repairs that will be required before the home can be approved for an on-site sale. This list must be provided to the homeowner within 14 days of the time the tenant sends the parkowner written notice of his intent to sell the home. The parkowner may not require: 1) The repair or removal of anything inside the home that does not threaten harm to the park itself; or
2) Compliance with aesthetic standards relating to physical characteristics of the home such as size, original construction materials, or color. The parkowner can however, require repair or maintenance of deteriorating or defective exterior features of the home or the removal of a structure or fixture which the seller added to the home without the permission of the parkowner. The parkowner cannot charge the seller any fees because of the sale, unless he/she has, at your request and through a written contract, acted as your sales agent. The park owner may charge $35 for signing your manufactured housing deed. New tenants in a manufactured housing park will be expected to meet the rules of the park. The owner cannot unreasonably withhold approval of any person to whom you wish to sell your manufactured home. He or she can, however, require that the prospective buyer be able to comply with all park rules including payment of rent, and may reject a prospective buyer who
has a poor credit history or poor references from prior landlords. To keep the valuable right to freely sell your home, you must notify the park owner of your plan to sell. Once the parkowner receives a completed application for tenancy from the prospective buyer of the home, he has 14 days to notify the buyer of his decision. If the buyer is rejected, the notice to the buyer must state the reason for the rejection. The parkowner may charge the prospective buyer a nonrefundable application fee of up to $125.00 without providing an itemization of the charges. If the application fee exceeds $125.00 the parkowner must provide an itemized breakdown of the application fee, and the total fee must be reasonable. Special rules apply when your park is being changed to a retirement park. Within three (3) years of notice of a rule changing the park from "general or family" to "senior retirement" you can still sell your home to a buyer of your choice, including a non-elderly family. In order to be a lawful retirement park-from which families with children may be lawfully excluded -- the park must meet one of the following two requirements: 1. 80% of the households in the park must be occupied by at least one person who is 55 years or older, and the park owner must provide special facilities and services to meet the needs of older persons, or
2. The residency in the park must be totally restricted to persons who are 62 years of age or older. If families with children are excluded by a park owner, and neither of these conditions are met, the parkowner is probably breaking federal or state laws against discrimination. Both laws call for substantial civil monetary penalties and
damages. Many manufactured housing parks have rules which limit the number the people who can occupy a home. Such policies often exclude most of the families with children. This too can be found to be illegal discrimination against families with children. New Hampshire Manufactured Housing Warranty Deed Forms Have Been Updated as Recently as Friday May 18, 2018