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.

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

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Common Uses for Memorandum and Notice of Agreement

Release a previously recorded affidavit of equitable interest
Document a rent-to-own or lease-purchase arrangement
Establish the terms of a real estate transaction before closing
Assign a land contract to a new investor or purchaser
Document a private real estate sale without bank involvement

Compare other New Hampshire deed forms and documents

Quitclaim Deed Manufactured Housing Quitclaim Deed Manufactured Housing Warranty Deed Correction Deed Grant Deed Gift Deed Warranty Deed Special Warranty Deed Easement Deed Termination of Easement Fiduciary Deed Disclaimer of Interest Mortgage Deed and Security Agreement Discharge of Mortgage Assignment of Mortgage Revocable Transfer on Death Deed Revocation of Revocable Transfer on Death Deed Notice of Death Affidavit Waiver by Surviving Spouse Real Estate Purchase and Sales Agreement Full Release of Memorandum and Notice of Agreement Trustee Certificate Petition for Ex Parte Attachment Notice of Intention to File a Mechanics Lien Assignment of Lien Partial Lien Waiver Release of Mechanic Lien Final Lien Waiver Notice to Construction Lender Owners Affidavit Contractor Affidavit Subcontractor Affidavit Subcontractor Notice Subcontractor Monthly Notice

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.

Back to New Hampshire Forms