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In New Hampshire, real property can be transferred from one party to another by executing a special warranty deed.
Special warranty deeds transfer fee simple title with limited covenants. The grantor promises that he or she holds title to the property in fee simple; that the property is free from encumbrances, except those noted in the deed; and that the grantor and his heirs and assigns will warrant and defend the property against the lawful claims and demands of all persons claiming by, through, or under the grantor, but none other.
Unlike a warranty deed under RSA 477:27, a special warranty deed only guarantees the title against claims that arose during the time the grantor held title to the property. A quitclaim deed under RSA 477:28 makes the same guarantee, but it does not guarantee that the grantor is seized of the property in fee simple. Special warranty deeds are valid, but not statutory in New Hampshire.
A lawful special warranty deed includes the grantor's full name, mailing address, and marital status, and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.
For New Hampshire residential property, the primary methods for holding title in co-ownership are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless a joint tenancy is expressly stated (RSA 477:18).
As with any conveyance of realty, a special warranty deed requires a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. Include a spousal waiver of interest under RSA 148:5-a, if applicable. The deed must meet all state and county standards of form and content for recorded documents.
Sign the deed in the presence of a notary public or other authorized official. For a valid transfer, record the deed at the recording office in the county where the property is located. Contact the same office to confirm accepted forms of payment.
A Real Estate Transfer Tax Declaration of Consideration must be filed for both the grantor and grantee (RSA 78-B:1). Contact the local assessor's office to determine the appropriate version of the form.
The grantee must file an original Form PA-34, Inventory of Property Transfer, with the Department of Revenue Administration within 30 days of recording of the deed, and also file a copy of the PA-34 with the local assessing official of the municipality where the property is located (RSA 74:18).
This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about using special warranty deeds, or for any other issues regarding transfers of real property in New Hampshire.
Deeds.com New Hampshire Special Warranty Deed Forms Have Been Updated as Recently as Monday March 13, 2023
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