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.

Important: County-Specific Forms

Our memorandum and notice of agreement forms are specifically formatted for each county in New Hampshire.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

Common Uses for Memorandum and Notice of Agreement

Transfer property between family members
Add or remove names from property titles
Transfer property into or out of trusts
Correct errors in previously recorded deeds
Gift property to others

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