Real Estate Deeds

New Hampshire Warranty Deed

A warranty deed is the customary form of conveyance in New Hampshire. In a conveyance of real estate, the word "grant" is a sufficient word of conveyance, and no covenants are implied from the use of this word (477-24). A warranty deed, when duly executed and delivered, will have the force and effect of a deed in fee simple to the grantee, with covenants from the grantor that at the time of delivery of the deed, the grantor was lawfully seized in fee simple of the granted premises, the premises were free from all encumbrances except for any stated in the deed, that the grantor had good right to sell and convey the property to the grantee, and that the grantor will warrant and defend the property against the lawful claims and demands of all persons (477-27). These covenants are implied by the use of the words "with warranty covenants" in the short form of the deed as presented in 477-27. All easements, appurtenances, privileges, and rights belonging to the granted estate or interest are deemed to be included in the conveyance, unless a different intention is included in the warranty deed (477-26).

A warranty deed in New Hampshire will not be valid against any person but the grantor and his heirs unless it is acknowledged and recorded according to the provisions of the Conveyances of Realty and Interests Therein Chapter of the New Hampshire Revised Statutes (477-7).Warranty deeds must be signed and acknowledged by the grantor before a justice, notary public, or commissioner (477-3). A certificate of acknowledgment taken outside the United States by any authorized officer will be valid if it is in the form required by law for an acknowledgment taken within the state. (477-5). A deed that has not been acknowledged by the grantor, but is in other respects duly executed, may be recorded, and for 60 days thereafter it shall be effectual as if duly acknowledged (477-10).

Warranty deeds should be recorded at length in the registry of deeds office in the county or counties where the property is located. Until the warranty deed is recorded, it will not be effective against bona fide purchasers for value (477-3a). If a person has an unrecorded deed or evidence of title to real estate in his or her possession and neglects to record it, or refuses to allow it to be recorded, thirty days after being requested in writing by a person having an interest in such estate, any justice, upon complaint thereof, may issue a warrant and cause such person to be brought before him for examination. If sufficient cause for neglect or refusal is not shown, the justice may order the deed or evidence of title to be recorded and commit the person to jail until such order is performed and payment of costs is made (477-14). New Hampshire Warranty Deed Forms Have Been Updated as Recently as Thursday April 19, 2018