Download New Hampshire Memorandum and Notice of Agreement Legal Forms

New Hampshire law (RSA 477:3-a) states that instruments affecting title or interest in real property must be recorded to be effective against third parties. A memorandum serves as such an instrument because it puts the public on notice that:
A valid contract to transfer property exists.

The buyer has an equitable interest in the property. In seller-financed deals, the closing may take years. Recording a memorandum ensures the buyer’s interest is legally visible throughout the duration.

Although the full contract isn’t recorded, the memorandum serves as a public flag and protects the buyer from the property being sold again or encumbered without notice.

Topic--------------------------------Details
Where to Record-----County Registry of Deeds (where property is located)

Legal Basis----RSA 477:3-a; RSA 478; equitable interest/common law

For use in New Hampshire only.