TITLE XLVIII
CONVEYANCES AND MORTGAGES OF REALTY

Chapter 477
CONVEYANCES OF REALTY AND INTERESTS THEREIN

Section 477:1

    477:1 By Deed. – Real estate may be conveyed by deed executed by any person or by his attorney, acknowledged and recorded as directed in this chapter, without any other act or ceremony whatever. Any conveyance not executed under seal shall be as effectual as though sealed.

Source. RS 130:1. CS 136:1. GS 121:1. GL 135:1. PS 137:1. PL 213:1. RL 259:1. RSA 477:1. 1977, 366:2, eff. Aug. 30, 1977.

Section 477:2

    477:2 By Corporation. – Any public or private corporation authorized to hold real estate may convey the same by an agent appointed by vote for that purpose.

Source. RS 130:2. CS 136:2. GS 121:2. GL 135:2. PS 137:2. PL 213:2. RL 259:2.

Section 477:3

    477:3 Execution. – Every deed or other conveyance of real estate shall be signed by the party granting the same and acknowledged by the grantor before a justice, notary public or commissioner and shall show the mailing address of the grantee.

Source. RS 130:3. CS 136:3. GS 121:3. GL 135:3. PS 137:3. 1915, 74:1. PL 213:3. RL 259:3. RSA 477:3. 1965, 125:1. 1971, 76:1. 1975, 428:2. 1977, 366:3. 1981, 303:1, eff. Aug. 15, 1981.

Section 477:3-a

    477:3-a Recording. – Every deed or other conveyance of real estate and every court order or other instrument which affects title to any interest in real estate, except probate records and tax liens which are by law exempt from recording, shall be recorded at length in the registry of deeds for the county or counties in which the real estate lies and such deed, conveyance, court order or instrument shall not be effective as against bona fide purchasers for value until so recorded.

Source. 1975, 428:3, eff. Aug. 17, 1975.

Section 477:3-b

    477:3-b Limitations on Possibilities of Reverter, Rights of Re-entry, and Executory Interests. –
I. This section applies only to legal future interests in real property created by deed, will, or power of appointment and not to any beneficial interests created by or through trusts. This section shall not apply to rights of forfeiture or re-entry held by lessors or mortgagees, nor to conveyances of standing trees governed by RSA 477:35-a or RSA 477:35-b, nor to options to purchase real estate, whatever their form.
II. (a) After December 31, 2008, no legal possibility of reverter, right of re-entry, or executory interest in real property may be retained or created unless either the grantor or the grantee is a public or charitable organization. Any language purporting to retain or create such a future interest shall be void. Language which also creates a covenant may be enforced as such by an action at law or equity but without forfeiture.
(b) For purposes of this section, an organization is public or charitable if it is:
(1) The state of New Hampshire.
(2) A political subdivision or municipal corporation of the state of New Hampshire.
(3) A corporation organized under RSA 292, a religious organization, or a not-for-profit corporation chartered by act of the New Hampshire general court or United States Congress.
(4) A nonprofit organization qualified under section 501(c) of the Internal Revenue Code of the United States, as amended.
(5) A trustee as defined in RSA 7:21, VIII.
III. Renewal declarations shall be required in certain cases.
(a) Unless the original grantor or grantee of the interest was, or the present owner of the interest is, a public or charitable organization, any existing possibility of reverter, right of re-entry, or executory interest in real property shall become void unless renewal declarations are filed in the appropriate registry of deeds as hereinafter provided. Covenants as such are not subject to renewal and remain enforceable by an action at law or equity but without forfeiture.
(b) Times of filing future interests under this section shall be as follows:
(1) A declaration of renewal of an existing possibility of reverter, right of re-entry, or executory interest in real property that was retained by or granted to a natural person need not be recorded while owned by that person. Any subsequent heir, devisee, grantee, creditor, or other successor to such interest shall record a declaration within 3 years after acquiring it or the interest shall become void.
(2) A declaration of renewal of an existing possibility of reverter, right of re-entry, or executory interest in real property other than those retained by or granted to a natural person shall be filed on or before January 2, 2011, and if such declaration is not filed within such time, the interest shall become void.
(3) A declaration shall be recorded once in every 25 years after the initial declaration is filed, and any interest for which such a declaration is not filed shall become void 25 years after the filing of the last renewal declaration.
(c) A declaration shall be signed and acknowledged by the declarant in the same manner as a deed and contain:
(1) A statement that the declarant owns all or part of a future interest reserved or created by a specified instrument and the declarant's current mailing address.
(2) The date of that instrument and the book and page, probate file, or other specific place where the instrument is recorded.
(3) The names of the owner or owners of the property rights subject to the future interest as of the time the declaration is filed.
(d) Each declaration shall be indexed in the grantor index under the name or names of the persons stated therein to be the owners of the property right subject to the future interest at the time of filing.
(e) The original declaration shall be returned to the declarant after recording in the same manner as a deed.
(f) A declaration which is actually recorded and correctly indexed shall be effective despite failure to name all present owners of the property subject to the future interest so long as at least one owner was correctly identified.
(g) The fee for filing a declaration shall be the same as for a deed.
IV. Unclaimed future interests of defunct public or charitable organizations shall be treated in the following manner: Whenever it shall appear that a public or charitable organization holding a possibility of reverter, right of re-entry, or executory interest has been defunct for more than 3 years with no successor to the future interest provided for or action commenced to determine a successor, the director of charitable trusts shall either commence such an action or, if it appears to be in the public interest, release the future interest to the owners of the underlying estate, with or without conditions.

Source. 2008, 228:2, eff. Jan. 1, 2009.

Section 477:4

    477:4 Acknowledgments. – Acknowledgments may be taken outside the United States before an ambassador, minister, envoy or charge d'affaires of the United States in the country to which he is accredited, or before any consular officer of the United States, a notary public, or a commissioner or other agent of this state having an official seal and power to take acknowledgments at such place.

Source. 1917, 53:1. PL 213:4. RL 259:4.

Section 477:4-a

    477:4-a Notification Required; Radon, Arsenic, and Lead. –
I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller, or seller's agent, shall provide the following notification to the buyer. The buyer shall acknowledge receipt of this notification by signing a copy of such notification:
"Radon: Radon, the product of decay of radioactive materials in rock, may be found in some areas of New Hampshire. Radon gas may pass into a structure through the ground or through water from a deep well. Testing of the air by a professional certified in radon testing and testing of the water by an accredited laboratory can establish radon's presence and equipment is available to remove it from the air or water."
"Arsenic: Arsenic is a common groundwater contaminant in New Hampshire that occurs at unhealthy levels in well water in many areas of the state. Tests are available to determine whether arsenic is present at unsafe levels, and equipment is available to remove it from water. The buyer is encouraged to consult the New Hampshire department of environmental services private well testing recommendations (www.des.nh.gov) to ensure a safe water supply if the subject property is served by a private well."
"Lead: Before 1978, paint containing lead may have been used in structures. Exposure to lead from the presence of flaking, chalking, chipping lead paint or lead paint dust from friction surfaces, or from the disturbance of intact surfaces containing lead paint through unsafe renovation, repair or painting practices, or from soils in close proximity to the building, can present a serious health hazard, especially to young children and pregnant women. Lead may also be present in drinking water as a result of lead in service lines, plumbing and fixtures. Tests are available to determine whether lead is present in paint or drinking water."
II. Nothing in this section shall be construed to have any impact on the legal validity of title transferred pursuant to a purchase and sale contract in paragraph I, or to create or place any liability with the seller or seller's agent for failure to provide the notification described in paragraph I.

Source. 1990, 276:1, eff. Jan. 1, 1991. 2015, 171:1, eff. Jan. 1, 2016. 2018, 4:17, eff. Apr. 9, 2018.

Section 477:4-b

    477:4-b Notification Required; Subsurface Disposal Systems. – Any person seeking to obtain approval for a subsurface sewage disposal system shall meet the requirements set forth in RSA 485-A:29 and 30.

Source. 1991, 379:1, eff. Aug. 31, 1991.

Section 477:4-c

    477:4-c Disclosure Required; Water Supply; Sewage Disposal. –
I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller shall disclose the following information to the buyer. The buyer shall acknowledge receipt of this disclosure by signing a copy of such disclosure:
(a) Information relative to the type of private water supply system, its location, malfunctions, date of installation, date of the most recent water test and whether or not the seller has experienced a problem such as an unsatisfactory water test or a water test with notations.
(b) Information relative to the sewage disposal system including the size of the tank, type of system, its location, malfunctions, the age of the system, the date it was most recently serviced, and the name of the contractor who services the system.
II. If the information required under this section is unknown by the seller that fact shall be stated in writing.

Source. 1992, 278:1. 1994, 105:1, eff. July 10, 1994.

Section 477:4-d

    477:4-d Notification Required. –
I. Prior to or during the preparation of an offer for the purchase and sale of any interest in real property to be used or proposed to be used for a one to 4 family dwelling, the seller shall disclose, in writing, the following information to the buyer. The buyer shall acknowledge receipt of the disclosure by signing a copy of the disclosure:
(a) Information relative to the type of private water supply system, its location, malfunctions, date of installation, date of most recent water test and whether or not the seller has experienced a problem such as an unsatisfactory water test or a water test with notations.
(b) Information relative to the private sewage disposal system including its location, malfunctions, the date it was most recently serviced and the name of the contractor who services the system.
(c) Information relative to the insulation, including type and location.
II. The fact that the information requiring disclosure regarding the private water supply system, private sewage disposal system, and insulation is not available shall also be conveyed, in writing, when such is the case.

Source. 1994, 105:2, eff. July 10, 1994.

Section 477:4-e

    477:4-e History of Property. –
I. (a) The owner of real property, or any agent of such owner, shall not be required to disclose information to a buyer regarding that such real property was a site of a homicide, other felony, or a suicide, unless the buyer requests such information of the owner or agent and the owner or agent has knowledge that the property was the site of a homicide, other felony, or suicide.
(b) No cause of action shall arise against an owner of real property or any agent of such owner if such owner or agent discloses information at the request of the buyer pursuant to subparagraph (a).
II. Notwithstanding paragraph I, the seller and buyer of real property shall be free to negotiate contractual rights of disclosure concerning the matter in RSA 477:4-e, I.

Source. 1994, 365:1, eff. Aug. 8, 1994.

Section 477:4-f

    477:4-f Notification Required Prior to Condominium Sale. – Prior to or during the preparation of an offer for the purchase and sale of any condominium unit, the seller shall provide written notice to the buyer that the buyer has the right to obtain the information in RSA 356-B:58, I from the condominium unit owners' association. Such information shall include a copy of the condominium declaration, by-laws, any formal rules of the association, a statement of the amount of monthly and annual fees, and any special assessments made within the last 3 years. The buyer shall acknowledge receipt of the notice required under this section by signing a copy thereof.

Source. 2004, 73:1, eff. Jan. 1, 2005.

Section 477:4-g

    477:4-g Notification Prior to Sale, Transfer, Lease, or Rental of Real Property on Which Methamphetamine Has Been Produced. –
I. In any purchase and sale agreement, lease agreement, or rental agreement before signing an agreement to sell, transfer, lease, or rent real property for the time period after any conduct prohibited under RSA 318-D has occurred on such property and prior to the determination by the department of environmental services, pursuant to paragraph II, that the property meets remediation cleanup standards:
(a) The seller, transferor, lessor, or owner shall disclose in writing to the buyer, transferee, lessee, or occupant if, to the seller's, transferor's, lessor's or owner's knowledge, methamphetamine production has occurred on the property.
(b) If methamphetamine production has occurred on the property, the disclosure shall include a statement to the buyer, transferee, lessee, or occupant informing the buyer, transferee, lessee, or occupant.
II. The department of environmental services or any licensed environmental or hazardous substances removal specialist shall be responsible for determining that any property on which methamphetamine production has occurred, meets remediation cleanup standards established pursuant to rules adopted by the department under RSA 541-A. Prior to the establishment of rules, the determination shall be based on the best scientific methods available. The determination that the property meets remediation cleanup standards shall be public information available upon request from the department.

Source. 2006, 241:4, eff. Jan. 1, 2007.

Section 477:4-h

    477:4-h Notification Required Prior to Sale, Transfer, Lease, or Rental of Real Property Subject to a Public Utility Tariff Pursuant to RSA 374:61 for the Financing or Amortization of Energy Efficiency or Renewable Energy Improvements. –
I. Prior to or during the preparation of an offer for the purchase and sale of any interest in real property and in conjunction with an offer to lease or rent real property and before signing an agreement to sell, transfer, lease, or rent real property the seller, transferor, lessor, or owner shall disclose in writing to the buyer, transferee, lessee, or occupant if, to the seller's, transferor's, lessor's or owner's knowledge, any metered public utility services at the premises that the buyer, transferee, lessee, or occupant may be responsible for paying as a condition of such utility service is provided under a tariff with unamortized or ongoing charges for energy efficiency or renewable energy improvements pursuant to RSA 374:61. Such disclosure should include, if known, the remaining term and amount of such charges and any estimates or documentation of gross or net energy or fuel savings resulting from such financed or amortized improvements and investments. The buyer shall acknowledge receipt of the disclosure by signing a copy of the disclosure.
II. In the case of a sale or transfer of real property, the fact that information regarding such required disclosure is not available shall also be conveyed, in writing, when such is the case.

Source. 2010, 229:2, eff. Aug. 27, 2010.

Section 477:5

    477:5 Certificate of Acknowledgment. – A certificate of an acknowledgment taken outside the United States before any authorized officer shall be valid if in the form required by law for an acknowledgment taken within the state.

Source. 1917, 53:3. PL 213:5. RL 259:5.

Section 477:6

    477:6 Fee for Certificate. – The fee for taking and certifying the acknowledgment of a deed or other instrument by one or more persons at one time shall be $.17.

Source. RS 229:1. CS 245:1. GS 272:1. GL 290:1. PL 287:3. PL 213:6. RL 259:6.

Section 477:7

    477:7 Validity. – No deed of bargain and sale, mortgage nor other conveyance of real estate, nor any lease for more than 7 years from the making thereof, shall be valid to hold the same against any person but the grantor and his heirs only, unless such deed or lease be acknowledged and recorded, according to the provisions of this chapter. All deeds which have been acknowledged and recorded according to the provisions of this chapter since August 15, 1981, but which were not attested to, shall be considered valid under this section.

Source. RS 130:4. CS 136:4. GS 121:4. GL 135:4. PS 137:4. PL 213:7. RL 259:7. RSA 477:7. 1988, 85:2, eff. Jan. 1, 1989.

Section 477:7-a

    477:7-a Notice of Lease. –
I. Notwithstanding the provisions of RSA 477:7, a notice of lease consisting of an instrument in writing executed and acknowledged by all persons who are parties to the lease, and containing the following information with reference to such lease shall be sufficient compliance with the provisions of this chapter:
(a) The names and addresses of each party to the lease;
(b) The date of execution of the lease;
(c) A description of the demised premises as it appears in the lease;
(d) The term of such lease; and
(e) The date of commencement of such term and all rights of extension or renewal.
II. All notices of lease which have been acknowledged and recorded according to the provisions of this section since August 15, 1981, but which were not witnessed, shall be considered valid under this section.

Source. 1971, 76:2. 1977, 366:4. 1999, 77:1, eff. July 27, 1999.

Section 477:7-b

    477:7-b Execution and Delivery of Lease Required. –
I. Within 30 days after the execution by all parties of a written lease, the lessor shall deliver a copy of the lease to the lessee.
II. Any person who fails to comply with this section shall be guilty of a violation.

Source. 1975, 306:1, eff. Aug. 6, 1975.

Section 477:8

    477:8 Additional Record. – A person interested in a deed or lease recorded in one county may cause the same, with the certificate of record, to be recorded in the registry of any other county, and an attested copy of such record shall be of the same validity as a copy from the original registry.

Source. RS 130:5. CS 136:5. GS 121:5. GL 135:5. PS 137:5. PL 213:8. RL 259:8.

Section 477:9

    477:9 Power of Attorney. – Every power of attorney to convey real estate must be signed and acknowledged, and may be recorded as required for a deed, and a copy of the record may be used in evidence whenever a copy of the deed so made is admissible.

Source. RS 130:6. CS 136:6. GS 121:6. GL 135:6. PS 137:6. PL 213:9. RL 259:9. RSA 477:9. 1977, 366:5. 1985, 214:2, eff. Jan. 1, 1986.

Section 477:10

    477:10 Unacknowledged Deed. – A deed not acknowledged by the grantor, but in other respects duly executed, may be recorded, and for 60 days thereafter it shall be as effectual as if duly acknowledged.

Source. RS 130:7. CS 136:7. GS 121:7. GL 135:7. PS 137:7. PL 213:10. RL 259:10.

Section 477:11

    477:11 Repealed by 1981, 303:10, eff. Aug. 15, 1981. –

Section 477:12

    477:12 Proof by Handwriting. – If any grantor or lessor shall die, become insane, or go out of the state before the acknowledgment of a deed or lease, proof of due execution of such deed or lease may be made by the oath of 2 witnesses acquainted with the handwriting of the grantor or lessor that the deed or lease was signed by said grantor or lessor.

Source. RS 130:9. CS 136:9. GS 121:9. GL 135:9. PS 137:9. PL 213:12. RL 259:12. RSA 477:12. 1981, 303:9, eff. Aug. 15, 1981.

Section 477:13

    477:13 Refusal to Acknowledge. – If the grantor or lessor shall refuse to acknowledge a deed or lease, proof of its due execution may be made in the manner provided in RSA 477:12, but, if the grantor or lessor is a resident of this state, notice of the time and place of proving the same, signed by a justice, shall be delivered to him or left at his abode 14 days prior to such time. Every unacknowledged deed proved agreeably to this section or RSA 477:12 shall be as effectual as if duly acknowledged.

Source. RS 130:10. CS 136:10. GS 121:10. GL 135:10. PS 137:10. PL 213:13. RL 259:13. RSA 477:13. 1981, 303:2, eff. Aug. 15, 1981.

Section 477:14

    477:14 Neglect to Record. – If a person having an unrecorded deed or other evidence of title of real estate in his possession neglects to record the same, or refuses to allow the same to be recorded, for the space of 30 days after being thereto requested in writing by a person having an interest in such estate, any justice, upon complaint thereof, may issue his warrant and cause such person to be brought before him for examination, and, if sufficient cause for such neglect or refusal is not shown, may order such 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.

Source. RS 130:11. CS 136:11. GS 121:11. GL 135:11. PS 137:11. PL 213:14. RL 259:14.

Section 477:15

    477:15 Oral Conveyance. – Every estate or interest in lands created or conveyed without an instrument in writing signed by the grantor or his attorney shall be deemed an estate at will only, and no estate or interest in lands shall be assigned, granted or surrendered except by writing signed as aforesaid or by operation of law.

Source. RS 130:12. CS 136:12. GS 121:12. GL 135:12. PS 137:12. PL 213:15. RL 259:15.

Section 477:16

    477:16 Deeds Lacking Statement of Consideration or Acknowledgments Validated. – When any instrument of writing shall have been on record in the office of the register of deeds in the proper county for the period of 10 years, and there is a defect in such instrument because it omitted to state any consideration therefor, because it was not acknowledged, because it was not validly acknowledged, because it was not witnessed, or because it was not sealed, such instrument shall, from and after the expiration of 10 years from the filing thereof for record, be valid as though such instrument had in the first instance stated the consideration therefor or had been acknowledged, witnessed, or sealed in full compliance with the requirements of law. Such instrument shall, after the expiration of 10 years from the filing of the same for record, impart to subsequent purchasers, incumbrancers, and all other persons whomsoever, notice of such instrument of writing so far as and to the same extent that such instrument then is recorded, copied, or noted in such books of record, notwithstanding such defect. Nothing in this section shall be construed to affect any rights acquired by grantees, assignees, or incumbrancers after the filing of such instrument for record and before the expiration of 10 years from the filing of such instrument for record.

Source. 1949, 191:1. RSA 477:16. 1963, 65:1. 1967, 20:1. 1977, 366:6. 1981, 303:3. 1985, 91:1, eff. Jan. 1, 1986.

Section 477:17

    477:17 Trusts. – No trust concerning lands, excepting such as may arise or result by implication of law, shall be created or declared unless by an instrument signed by the party creating the same or by his attorney.

Source. RS 130:13. CS 136:13. GS 121:13. GL 135:13. PS 137:13. PL 213:16. RL 259:16.

Section 477:18

    477:18 Tenants in Common. – Every conveyance or devise of real estate made to 2 or more persons shall be construed to create an estate in common and not in joint tenancy, unless it shall be expressed therein that the estate is to be holden by the grantees or devisees as joint tenants, or to them and the survivor of them, or unless other words are used clearly expressing an intention to create a joint tenancy. The addition, following the names of the grantees in the granting clause of a deed or devise, of the words "as joint tenants with rights of survivorship" or "as tenants by the entirety" shall constitute a clear expression of intention to create a joint tenancy.

Source. RS 129:2. CS 135:2. GS 121:14. PS 137:14. PL 213:17. RL 259:17. 1951, 178:11. RSA 477:18. 1959, 264:2, eff. Nov. 13, 1959.

Section 477:19

    477:19 Joint Heirs. – Joint heirs shall be deemed tenants in common.

Source. RS 129:3. CS 135:3. GS 121:15. GL 135:15. PS 137:15. PL 213:18. RL 259:18.

Section 477:20

    477:20 Alien Residents. – An alien resident in this state may take, purchase, hold, convey or devise real estate, and it may descend in the same manner as if he were a citizen.

Source. RS 129:4. CS 135:4. GS 121:16. GL 135:16. PS 137:16. PL 213:19. RL 259:19.

Section 477:21

    477:21 Escheat. – Any right or claim of the state, by escheat or otherwise, to the estate of any resident alien is hereby discharged.

Source. RS 129:5. CS 135:5. GS 121:17. GL 135:17. PS 137:17. PL 213:20. RL 259:20.

Section 477:22

    477:22 Limited Interest. – A conveyance made by a person having a limited interest in an estate, purporting to convey a greater interest than he possessed or could lawfully convey, shall not work a forfeiture thereof, but shall pass to the grantee all the estate which he could lawfully convey.

Source. RS 129:6. CS 135:6. GS 121:18. GL 135:18. PS 137:18. PL 213:21. RL 259:21.

Section 477:22-a

    477:22-a Enforceability of Publicly-Owned Land Restrictions. – Any recorded restriction, order, covenant, or other interest in land held by the state, or any political subdivision of the state, shall be enforceable against any owner of the affected land or structure, including subsequent purchasers, heirs, or assignees, notwithstanding lack of privity of estate or contract, or lack of benefit to particular land, or the benefit being assignable or being assigned.

Source. 2009, 295:1, eff. Sept. 29, 2009.

Forms of Deeds and Mortgages

Section 477:23

    477:23 Purpose. – For the purpose of avoiding the unnecessary use of words in deeds of real estate, or interests therein, the statutory forms provided in this subdivision are authorized. Nothing in this subdivision shall be understood as preventing the use of other forms appropriate for the conveyance of real estate or any interest therein.

Source. 1951, 178:1, eff. Aug. 1, 1951.

Section 477:24

    477:24 Unnecessary Words; Construction of Certain Words. – The word "grant" in a conveyance of real estate or any interest therein shall be a sufficient word of conveyance without the use of the words "give, bargain, sell, alien, enfeoff, convey and confirm" or the words "remise, release and forever quitclaim." No covenant shall be implied from the use of the word "grant." In a conveyance or reservation of real estate, the term "heirs," "assigns" or other technical words of inheritance or succession shall not be necessary to convey or reserve an estate in fee. A deed or reservation of real estate shall be construed to convey or reserve an interest in fee simple unless a different intention clearly appears in the deed.

Source. 1951, 178:2, eff. Aug. 1, 1951.

Section 477:25

    477:25 Statute of Uses Not to Effect Trusts. – When a conveyance or devise of real estate is made to a grantee or devisee in trust or as trustee under a declaration of trust, such conveyance or devise shall vest in the grantee or devisee, as trustee, legal title with full power to convey the real estate in accordance with the trust.

Source. 1951, 178:3. RSA 477:25. 1986, 10:1, eff. May 26, 1986.

Section 477:25-a

    477:25-a Conveyances To or From Trusts Without Naming Trustees. –
I. In any conveyance of real property or any interest in real property in this state, if the grantee or one or more of the grantees is named as a trust, whether the trust is created under the laws of this state or of any other jurisdiction, and no trustee of that trust is named as a grantee in his or her or its capacity as trustee, then the conveyance is deemed to have been made to all of the trustees of the trust who have accepted the office of trustee in their capacity as trustees of the trust, as though they had been named as grantees. Notwithstanding the foregoing, a trustee who would be deemed by this paragraph to have accepted title to real property but who has not either expressly accepted title or participated in any transaction involving the property other than as allowed by RSA 564-B:7-701(c) may, to the extent not prohibited by the terms of the trust or otherwise, decline to accept such real property by recording an affidavit reciting such nonacceptance and nonparticipation and lack of prohibition and declining to accept title, in the registry in which the conveyance subject to this paragraph was recorded; and upon the recording of such an affidavit, such trustee shall be deemed never to have accepted or held title to the real property that is the subject of such conveyance; but such declination of title by one or more but not all of the trustees shall not prevent the vesting of title to the entire interest conveyed in the remaining trustees. Notwithstanding this right of trustees to decline title, the title of any bona fide purchaser whose title is derived by instrument recorded subsequent to the date of recording of the conveyance subject to this section shall not be adversely affected by the recording of a trustee's affidavit declining title.
II. In any conveyance of real property or any interest in real property in this state, the conveyance is deemed to have been made by all of the persons who signed the instrument of conveyance in the expressly denoted capacity of trustees of the trust, as though they had been named as such in the granting clause as grantors instead of the trust, if:
(a) The granting clause designates or includes as grantor a trust, whether the trust is created under the laws of this state or of any other jurisdiction, and the granting clause does not include as grantors one or more persons expressly described as trustees of the trust;
(b) The signature block designates the trust as a signatory entity, followed by the signatures of one or more persons expressly described as trustees; or
(c) Both subparagraphs (a) and (b) apply.
III. Any person who claims title to any real property or any interest in real property in this state by virtue of the failure of an instrument of conveyance delivered before the effective date of this section to name as grantor or as grantee any trustee of a trust may preserve that claim by recording a notice, within 2 years from the effective date of this section, in the registry of deeds where the instrument of conveyance is recorded. In order for the notice to be effective, it shall contain the name and mailing address of the claimant, the names of the parties to the instrument of conveyance that is claimed to be defective, the names of the current owners of record, the book and page numbers where the instrument of conveyance is recorded, and a statement of the purported defect on which the claim is based. The notice described in this paragraph may be presented for recording by the claimant or by any other person acting on behalf of a claimant who is under a disability or is unable to assert a claim on the claimant's own behalf, but a disability or lack of knowledge of any kind shall not suspend or extend the period for the recording of the notice.
IV. This section shall not apply to any trust that, as determined by the laws of its situs, is an entity capable of holding and conveying title in its own name.
V. Nothing contained in this section shall be construed to recognize trusts created under the laws of this state as entities capable of holding or conveying title to real property in their own names. This section applies to conveyances made before, on, or after the effective date of this section, but nothing contained in this section shall be construed to suggest or require that any instrument delivered before the effective date of this section is invalid. Nothing contained in this section shall be construed to extend the period for the commencement of an action or for the performance of any other required act under any statute of limitations.
VI. Other than as expressly stated, this section shall not be read to mean that a conveyance falling within the terms of paragraph I or II is any more or less valid or has any different effect with regard to the trustees or the trust than if the trustees had been expressly named as such in the granting clause.

Source. 2009, 180:1, eff. Sept. 11, 2009.

Section 477:26

    477:26 Easements, Appurtenances, Etc. – In a conveyance of real estate or any interest therein, all rights, easements, privileges and appurtenances belonging to the granted estate or interest shall be deemed to be included in the conveyance, unless the contrary shall be stated in the deed, and it shall be unnecessary in order for their inclusion to enumerate or mention them either generally or specifically.

Source. 1951, 178:4, eff. Aug. 1, 1951.

Section 477:27

    477:27 Statutory Form of Warranty Deed. – A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenant on the part of the grantor, for himself or herself, heirs, executors and administrators, that, at the time of the delivery of such deed, the grantor was lawfully seized in fee simple of the granted premises, that the said premises were free from all incumbrances, except as stated, that the grantor had good right to sell and convey the same to the grantee, heirs, successors and assigns, and that the grantor will, and the heirs, executors, and administrators shall, warrant and defend the same to the grantee and heirs, successors and assigns, against the lawful claims and demands of all persons.

(Form for warranty deed)


__________, of __________ County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, with warranty covenants, the __________ (Description of land or interest being conveyed: incumbrances, exceptions, reservations, if any) __________, (wife) (husband) of said grantor, release to said grantee all rights of homestead and other interests therein.

(Here add acknowledgment)

Source. 1951, 178:5. RSA 477:27. 1965, 125:2. 1971, 179:6. 1977, 366:7. 1981, 303:4. 2006, 7:1, eff. April 11, 2006.

Section 477:28

    477:28 Statutory Form of Quitclaim Deed. – A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenants on the part of the grantor, for himself, or herself, heirs, executors and administrators with the grantee, heirs, successors and assigns, that at the time of the delivery of such deed the premises were free from all incumbrances made by the grantor, except as stated, and that the grantor will, and the heirs, executors and administrators shall, warrant and defend the same to the grantee and heirs, successors and assigns forever against the lawful claims and demands of all persons claiming, by, through or under the grantor, but against none other.

(Form for quitclaim deed)


__________, of __________ County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________ County, State of __________, with quitclaim covenants, the __________ (Description of land or interest therein being conveyed: incumbrances, exceptions, reservations, if any) __________, (wife) (husband) of said grantor, release to said grantee all rights of homestead and other interests therein.

(Here add acknowledgment)

Source. 1951, 178:6. RSA 477:28. 1965, 125:3. 1971, 179:7. 1981, 303:5. 2006, 7:1, eff. April 11, 2006.

Section 477:29

    477:29 Statutory Form of Power of Sale Mortgage. –
A deed in substance following the form appended to this section, when duly executed and delivered, shall have the force and effect of a mortgage deed to the use of the mortgagee and his heirs, successors and assigns with the mortgage covenants and upon the statutory conditions and with the statutory power of sale as defined in the following paragraphs:
I. In a conveyance of real estate, the words "mortgage covenants" shall include in their meaning the same meaning as given to "warranty covenants" in RSA 477:27.
II. The words "statutory conditions," except as otherwise specifically stated in the mortgage, shall mean: "Provided, nevertheless, that if the mortgagor, his heirs, executors and administrators, successors and assigns shall pay unto the mortgagee or his executors, administrators, successors or assigns the principal and interest secured by the mortgage, shall perform any and each obligation provided in the note or other instrument secured by the mortgage, until such payment and performance shall pay when due and payable all taxes, charges and assessments for which the property mortgaged may become liable, shall keep the buildings on said premises insured against perils insured in the New Hampshire standard fire policy in a sum equal to that portion of the amount secured by the mortgage allocable to said buildings, or as otherwise provided therein, for the benefit of the mortgagee and his executors, administrators, successors and assigns in such form as he or they shall approve, deliver the policies therefor to him or them, and shall not commit or suffer any strip or waste of the mortgaged premises, or any breach of any covenant in said mortgage, then this mortgage deed shall be void."
III. The words "statutory power of sale" shall be understood as giving the mortgagee and executors, administrators, successors and assigns the right, upon any default of the performance of the statutory condition as defined in paragraph II, or any other condition contained in the mortgage, to foreclose by sale under the provisions of RSA 479:25-27-a inclusive.

(Form for mortgage deed, with power of sale)


__________ of __________ County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________ with mortgage covenants, to secure the payments of ___, with ___ percent interest payable semiannually and also perform all the agreements and conditions as provided in note __________ of even date, the __________ (Description of land or interest therein being conveyed: incumbrances, reservations, exceptions, if any) __________. This mortgage is upon the statutory conditions, for any breach of which the mortgagee shall have the statutory power of sale. __________ (Wife) (husband) of said mortgagor, release all rights of homestead and other interests in the mortgage premises.

(Here add acknowledgment)

Source. 1951, 178:7. RSA 477:29. 1965, 125:4. 1971, 179:8. 1977, 366:8. 1981, 117:1; 303:6. 2006, 7:2, eff. April 11, 2006.

Section 477:30

    477:30 Statutory Form of Fiduciary Deed. – A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenants on the part of the grantor, for himself or herself, that, at the time of the delivery of such deed, the grantor was duly authorized to make the sale of the premises; that in all of the grantor's proceedings in the sale thereof, the grantor has complied with the requirements of the statute in such case provided; and that the grantor will warrant and defend the same to the grantee, heirs, successors and assigns, against the lawful claims of all persons claiming by, from or under him or her in the capacity aforesaid.

(Form for fiduciary deed)


__________ of __________ County, State of __________, executor under the will (administrator of the __________ estate) (trustee under the will) (guardian) (conservator) (receiver of the estate) (commissioner) of __________ of __________, by the power conferred by __________ and every other power, for ___ dollars paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________ the __________ (Insert description of land or interest therein being conveyed: incumbrances, reservations, exceptions.)

(Here add acknowledgment)

Source. 1951, 178:8. RSA 477:30. 1965, 125:5. 1977, 366:9. 1981, 303:7. 2006, 7:3, eff. April 11, 2006.

Section 477:31

    477:31 Statutory Form for Foreclosure Deed Under Power of Sale. – Where a mortgage is foreclosed under a statutory power of sale, the mortgagee may give a deed to the purchaser, whether the purchaser be a stranger or the mortgagee, in the following form:
__________ of __________ County, __________ State of __________, holder of a mortgage from __________ to __________ dated __________, recorded in __________ Registry of Deeds, Vol. ___, page ___, by the power conferred by said mortgage and every other power, for ___ dollars paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, the premises conveyed by said mortgage.

(Here add acknowledgment)


A deed in substance in that form shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenants on the part of the grantor, for himself or herself, that, at the time of the delivery of such deed, the grantor was duly authorized to make sale of the premises; that in all of the grantor's proceedings in the sale thereof, the grantor has complied with the requirements of the statute in such case provided; and that the grantor will warrant and defend the same to the grantee, heirs, successors and assigns, against the lawful claims of all persons claiming by, from or under him or her.

Source. 1951, 178:9. RSA 477:31. 1965, 125:6. 1977, 366:10. 1981, 303:8. 2006, 7:3, eff. April 11, 2006.

Section 477:32

    477:32 Affidavit of Sale Under Power of Sale in Mortgage. – The affidavit required by RSA 479:26 may be in the following form:
___, grantor in the foregoing deed, on my oath say ___ that the principal and interest (the obligation to __________) secured by the mortgage referred to in the foregoing deed was not paid or tendered or performed when due, and that I caused to be published on the ___, ___, and ___ of ___, 20 ___, in ___, a newspaper published in ___ in said County of ___, a notice of which the following is a true copy:

(Insert copy of advertisement)


And I further on oath say that I sent a copy of said notice on the ___ day of ___, 20 ___, by registered mail to ___ at __________, his last known address. And I further on oath say that pursuant to said notice, at the time and place therein appointed, I sold the mortgaged premises at public auction to __________, above named, for ___ dollars bid by him, being the highest ___ bid made therefor at said auction.
(Signature) __________

(Here add jurat)

Source. 1951, 178:10, eff. Aug. 1, 1951.

Section 477:32-a

    477:32-a Error in or Omission of Mailing Address. – Any error in or omission of the mailing address of the grantee or mortgagee in the deed, mortgage or other conveyance required by any provision of this chapter shall not affect in any way the validity or effectiveness of such deed, mortgage or other conveyance of real estate.

Source. 1965, 125:7, eff. Jan. 1, 1966.

No Prescription Against the Public

Section 477:33

    477:33 Waters. – No owner or occupier of a milldam or other water power shall acquire by prescription any right against the state or the public to impede or in any way injure navigation, the passage of fish or any other public easement in any of the waters of the state.

Source. GS 121:19. GL 135:19. PS 137:19. PL 213:22. RL 259:22.

Section 477:34

    477:34 Property. – No person shall acquire by prescription a right to any part of a town house, schoolhouse or church lot, or of any public ground by fencing or otherwise inclosing the same or in any way occupying it adversely for any length of time.

Source. 1862, 2622:2. GS 70:9. GL 76:9. PS 137:20. PL 213:23. RL 259:23.

Conveyance of Standing Trees

Section 477:35

    477:35 Effect. – The conveyance of standing trees apart from the land on which they stand shall not cause the same to become personal property, but such trees shall remain real estate until actually severed from the land.

Source. 1907, 27:1. PL 213:24. RL 259:24.

Section 477:35-a

    477:35-a Conditional Deed. –
I. After August 29, 1969, any conveyance of standing trees which includes therein a stipulation requiring that the trees be removed within a certain time or by a certain date shall render the deed conditional, and failure by the purchaser to remove said trees within the stipulated time shall result in the forfeiture of the purchaser's rights in the trees unless the deed specifically provides otherwise.
II. After the effective date of this paragraph, any conveyance of standing trees which does not include therein a stipulation requiring that such trees be removed within a certain time or by a certain date shall render the deed conditional, and failure by the purchaser to so remove said trees within 7 years from the date of conveyance shall result in the forfeiture of the purchaser's rights in the trees unless the deed specifically provides otherwise.

Source. 1969, 325:1. 2003, 138:7, eff. Aug. 16, 2003.

Section 477:35-b

    477:35-b Previous Conveyances. –
I. Any conveyance of standing trees made prior to August 29, 1969, which includes therein a stipulation requiring that the trees be removed within a certain time or by a certain date, but which does not include therein any terms to the effect that the right to the trees shall revert to the grantor upon the passage of the stated time or stated date, shall be presumed as having intended to grant an absolute property interest in the trees to the purchaser even though the trees remain uncut beyond the stipulated time or date; provided, however, that any such right to said trees on the part of the purchaser or his heirs or assigns must be asserted and any litigation begun within 7 years after August 29, 1969, or within 7 years of the stipulated time of removal of the trees, whichever occurs last, or otherwise all such rights to said trees shall revert to the grantor or his heirs or assigns. Nothing in this section shall be construed as precluding the introduction of any evidence in any action to rebut the presumption of the granting of ownership of trees as provided by this section.
II. Any conveyance of standing trees prior to the effective date of this paragraph which does not include therein a stipulation requiring that such trees be removed within a certain time or by a certain date, shall be presumed as having intended to grant to the purchaser an absolute property interest in the trees standing at the date of the conveyance even though the trees remain uncut beyond a reasonable time for their removal after said date; provided, however, that any such right to said trees on the part of the purchaser or his heirs or assigns must be asserted and litigation begun with 7 years after the effective date of this paragraph or otherwise all such rights to said trees shall revert to the grantor or his or her heirs or assigns. Nothing in this section shall be construed as precluding the introduction of any evidence in any action to rebut the presumption of the granting of ownership of trees as provided by this paragraph.

Source. 1969, 325:1. 2003, 138:8, eff. Aug. 16, 2003.

Section 477:36

    477:36 Requisites. – No deed of bargain and sale, mortgage or other conveyance of standing trees, or any lease of the same for more than 7 years from the making thereof shall be valid to hold standing trees against any person but the grantor and his heirs only unless acknowledged and recorded as provided in RSA 477:37 and 477:38.

Source. 1907, 27:2. PL 213:25. RL 259:25.

Section 477:37

    477:37 Mortgagee's Consent to Cutting. – Whenever standing trees have been mortgaged as real estate or are covered by a mortgage of the land on which they stand, the mortgagee may indorse upon said mortgage a consent that the trees may be cut, which consent shall be recorded in the registry of deeds.

Source. 1921, 76:1. PL 213:26. RL 259:26. 2008, 322:5, eff. Aug. 31, 2008.

Section 477:38

    477:38 Continuance of Mortgage Lien. – After execution of the mortgage provided for in RSA 477:37, both parties to the mortgage may then execute and attach thereto the affidavit required by law to be attached to mortgages of personal property; said mortgage, consent and affidavit may then be recorded with the proper town clerk, as mortgages of personal property are required to be recorded; and thereupon the lien of said mortgage shall be extended to cover said trees after they are cut, and the lumber therefrom, as fully as though the same had been mortgaged as personal property after cutting.

Source. 1921, 76:1. PL 213:27. RL 259:27.

Conveyance of Remainders, Etc.

Section 477:39

    477:39 Petition for Trustee; Order for Sale. – When real estate is subject to a contingent or vested remainder, executory devise or power of appointment, the superior court for the county in which said real estate is situated may, upon petition of any person who has an estate in possession, remainder or reversion in such real estate, and after notice and other proceedings as provided in RSA 477:40 and 477:41, appoint one or more trustees, and authorize him or them to sell or mortgage and convey such estate or any part thereof in fee simple if such sale, mortgage or conveyance appears to the court to be necessary or expedient, and such conveyance shall be valid and binding upon all parties.

Source. 1893, 19:1. 1925, 121:1. PL 213:28. RL 259:28.

Section 477:40

    477:40 Notice. – Notice of any such petition shall be given in such manner as the court may order to all persons who are or may become interested in the real estate to which the petition relates, and to all persons whose issue not in being may become interested therein.

Source. 1893, 19:2. PL 213:29. RL 259:29.

Section 477:41

    477:41 Appearances; Costs. – The court shall appoint a suitable person to appear and act therein as the next friend of all minors, persons not ascertained and persons not in being who are or may become interested in such real estate, and the cost of the appearance and services of such next friend, including the compensation of his counsel, to be determined by the court, shall be paid as the court may order either out of the proceeds of the sale or by the petitioner. In the latter case, execution therefor may issue in the name of the next friend.

Source. 1893, 19:2. PL 213:30. RL 259:30.

Section 477:42

    477:42 Trustee's Bond; Duties. – Every trustee appointed under RSA 447:39 shall give bond to the judge of probate for the county in which said real estate or the greater part thereof is situated in such form and for such an amount as the court appointing him may order, and he shall receive and hold, invest or apply the proceeds of any sale made by him for the benefit of the persons who would have been entitled to the real estate if such sale had not been made and apply the proceeds of any mortgage for the benefit of the persons interested in the real estate, subject to the orders and decrees of the court authorizing the same.

Source. 1893, 19:3. 1925, 121:2. PL 213:31. RL 259:31.

Section 477:43

    477:43 Probate Jurisdiction. – The probate court for said county shall have jurisdiction of all matters thereafter arising in relation to such trust, subject to the right of appeal on questions of law.

Source. 1893, 19:3. PL 213:32. RL 259:32. RSA 477:43. 1975, 395:3, eff. Jan. 1, 1976.

Buildings on Land of Another

Section 477:44

    477:44 Buildings; Manufactured Housing. –
I. Application of Real Estate Laws. Buildings situated on land not belonging to the owners of the buildings shall be deemed real estate for purposes of transfer, whether voluntary or involuntary, and shall be conveyed, mortgaged or leased, and shall be subjected to attachment, other liens, foreclosure and execution, in the same manner and with the same formality as real estate.
II. Manufactured Housing. Manufactured housing, as defined by RSA 674:31, shall be deemed a building for the purpose of paragraph I when such manufactured housing is placed on a site and tied into required utilities. Any deed conveying manufactured housing or evidencing its relocation within this state shall be substantially in the form provided in subparagraphs (a) and (b). If a deed for any manufactured housing is recorded in the registry of deeds of one county of this state and if such manufactured housing is relocated to another site in that county or to a site in another county of this state, a deed evidencing the change of location shall be recorded in the registry of deeds of the county in which it was originally located and a duplicate original shall also be recorded in the registry of deeds of the county to which it was relocated. If such manufactured housing is relocated to a site outside of this state, a statement evidencing the change of location substantially in the form provided in subparagraph (c) shall be recorded in the registry of deeds of the county in this state in which it was previously located. An attachment, lien or other encumbrance on manufactured housing, when properly created and recorded as required by law, shall continue to be enforceable until released or discharged notwithstanding the relocation of the manufactured housing within or outside of this state.
(a) A deed in substance following the form provided in this subparagraph shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenant on the part of the grantor, for the grantor, the grantor's heirs, executors and administrators that, at the time of the delivery of such deed, the grantor was lawfully seized in fee simple of the manufactured housing; that such manufactured housing was free from all incumbrances, except as stated; that the grantor had good right to sell and convey the same to the grantee, the grantee's heirs, successors and assigns; and that the grantor and the grantor's heirs, executors and administrators shall warrant and defend the same to the grantee and the grantee's heirs, successors and assigns, against the lawful claims and demands of all persons. No owner of land shall unreasonably withhold the consent required by this statutory form.

Form for Manufactured Housing Warranty Deed


__________, of __________, __________ County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, with warranty covenants, the __________ (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing is situated, or is to be situated, at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing is situated, or is to be situated, is owned by __________ by deed dated __________ and recorded at Book ___, Page in the __________ County Registry of Deeds. __________ (wife) (husband) of said grantor, release to said grantee all rights and other interests therein.
Signed this __________ day of __________, ___.

(Here add acknowledgment)


__________, owner of the tract or parcel of land upon which the aforesaid manufactured housing is situated, or is to be situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of __________, ___.

(Here add acknowledgment)


[ ] Check box if the manufactured housing has been relocated from one site to another within New Hampshire. The manufactured housing was previously located at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire and title, if any, to the same was recorded at Book ___, Page ___, in the __________ County Registry of Deeds. If the relocation is to a county of the State of New Hampshire other than the county in which the deed to the grantor was recorded, a duplicate original of the deed must be recorded in the registry of deeds of that county at the same time this deed is recorded.
(b) A deed in substance following the form provided in this paragraph shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenants on the part of the grantor, for the grantor, the grantor's heirs, executors and administrators with the grantee, the grantee's heirs, successors and assigns that at the time of the delivery of such deed the manufactured housing was free from all incumbrances made by the grantor, except as stated, and that the grantor and the grantor's heirs, executors and administrators shall warrant and defend the same to the grantee and the grantee's heirs, successors and assigns forever against the lawful claims and demands of all persons claiming, by, through or under the grantor, but against none other. No owner of land shall unreasonably withhold the consent required by this statutory form.

Form for Manufactured Housing Quitclaim Deed


__________, of __________, __________ County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, with quitclaim covenants, the (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing is situated, or is to be situated, at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing is situated, or is to be situated, is owned by __________ by deed dated __________ and recorded at Book ___, Page ___, in the __________ County Registry of Deeds. __________ (wife) (husband) of said grantor, release to said grantee all rights and other interest therein.
Signed this __________ day of __________, ___.

(Here add acknowledgment)


__________, owner of the tract or parcel of land upon which the aforesaid manufactured housing is situated, or is to be situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of __________, ___.

(Here add acknowledgment)


[ ] Check box if the manufactured housing has been relocated from one site to another within New Hampshire. The manufactured housing was previously located at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire and title, if any, to the same was recorded at Book ___, Page ___, in the __________ County Registry of Deeds. If the relocation is to a county of the State of New Hampshire other than the county in which the deed to the grantor was recorded, a duplicate original of the deed must be recorded in the registry of deeds of that county at the same time this deed is recorded.
(c) An out-of-state transfer statement in substance following the form appended to this paragraph shall, when duly executed and recorded in the registry of deeds of the county in which the manufactured housing was previously located, have the force and effect of transferring title of the manufactured housing to the grantee, the grantee's heirs, successors and assigns and terminating the record title of the manufactured housing in such registry of deeds under circumstances by which the manufactured housing is relocated to a site outside of this state. No owner of land shall unreasonably withhold the consent required by this statutory form. No manufactured housing may be relocated to a site outside of this state unless all holders of liens, attachments or incumbrances, if any, consent thereto in writing on the transfer statement.

Form for Out-of-State Transfer Statement


__________, of __________, County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, the __________ (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing, was situated at __________ (state name of park, if any, and street address), Town (City) __________ of __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing was situated is owned by __________ by deed __________ dated __________ and recorded at Book ___, Page ___ in the __________ County Registry of Deeds. __________ (wife) (husband) of said grantor, release to said grantee all rights and other interest therein.
Signed this __________ day of __________, ___.

(Here add acknowledgment)


__________, owner of the tract or parcel of land upon which the aforesaid manufactured housing was situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of __________, ___.

(Here add acknowledgment)


__________, holder of (lien, attachment or encumbrance) hereby consent to the conveyance of the aforesaid manufactured housing, subject to condition that the aforesaid (lien, attachment or encumbrance) shall remain in force and effect thereon.
Signed this __________ day of __________, ___.

(Here add acknowledgment)


III. Initial Transfer of Title to Manufactured Housing. A deed, substantially in the form prescribed by subparagraphs II(a) and (b), duly executed and delivered, shall be required to transfer title to any manufactured housing in a transaction occurring prior to connection of such manufactured housing to the required utilities.
IV. As an alternative to the methods prescribed in paragraph II for mortgages of and foreclosures and executions upon manufactured housing, security interests in manufactured housing may be created in the manner prescribed in RSA 382-A:9. Such security interest, properly perfected in the manner prescribed in RSA 382-A:9-501(a)(1) shall be entitled to priority over any other interests in such manufactured housing arising after such perfection. A person holding a security interest in manufactured housing shall have all the rights, remedies and obligations provided in RSA 382-A:9; subject, however, to homestead rights as provided in RSA 480:1. In the event such homestead rights are not waived, a secured party foreclosing upon a security interest created under this paragraph shall first pay to the debtor an amount equal to that which a person is entitled to under RSA 480:1, and the same amount to his or her spouse, if any, out of the proceeds of the sale of the manufactured housing, which payment shall extinguish all homestead rights therein.
V. Any manufactured housing park owner required to sign a deed under this section shall sign the deed no later than 15 days after the new tenant is approved and the park owner is requested to do so. The tenant shall deliver the deed to the manufactured housing park owner's place of business for signature. The fee for any such signature on a deed shall not exceed $25 and shall be paid by the tenant.
VI. All deeds which have been acknowledged and recorded according to the provisions of this section since August 17, 1983, but which were not witnessed, shall be considered valid under this section.

Source. 1965, 119:1. 1983, 230:14. 1994, 314:1. 1997, 127:1, 2. 2001, 102:44. 2006, 7:4, eff. April 11, 2006.

Conservation and Preservation Restrictions

Section 477:45

    477:45 Definitions. –
I. A conservation restriction shall mean a right to prohibit or require, a limitation upon, or an obligation to perform, acts on or with respect to, or uses of, a land or water area, whether stated in the form of a restriction, easement, covenant or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the area or in any order of taking, which right, limitation, or obligation is appropriate to retaining or maintaining such land or water area, including improvements thereon, predominantly in its natural, scenic, or open condition, or in agricultural, farming, open space or forest use, or in any other use or condition consistent with the protection of environmental quality.
II. A preservation restriction shall mean a right to prohibit or require, a limitation upon, or an obligation to perform, acts on or with respect to, or uses of, a structure or site historically significant for its architecture, archaeology or associations, whether stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the structure or site or in any order of taking, which right, limitation or obligation is appropriate to the preservation or restoration of such structure or site.
III. "Agricultural preservation restriction" means the restraint placed on the development rights of agricultural land whether stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land which is appropriate to retaining land or water areas predominantly in their agricultural use, to prohibit or limit construction or placement of buildings except those used for agricultural purposes or for dwellings used for family living by the land owner, his immediate family or employees; excavation, dredging or removal of loam, sod, peat, gravel, soil, rock or other mineral substance in such a manner as to adversely affect the land's future agricultural potential; or other acts or uses detrimental to such retention of the land for agricultural use.

Source. 1973, 391:1. 1979, 301:4, eff. Aug. 21, 1979.

Section 477:46

    477:46 Restrictions Enforceable. – No conservation restriction held by any governmental body or by a charitable, educational or other corporation, association, trust or other entity whose purposes include conservation of land or water areas or of a particular such area, no preservation restriction held by any governmental body or by a charitable, educational or other corporation, association, trust or other entity whose purposes include preservation of structures or sites of historical significance or of a particular such structure or site and no agricultural preservation restriction held by any governmental body or charitable corporation, trust or other entity whose purposes include preservation of land or water areas predominantly in their agricultural state shall be unenforceable against any owner of the restricted land or structure on account of lack of privity of estate or contract or lack of benefit to particular land or on account of the benefit being assignable or being assigned to any other governmental body or to any entity with like purposes. This section shall not be construed to imply that any restriction, easement, covenant or condition which does not have the benefit of this section shall, on account of any provisions hereof, be unenforceable. Any doctrine of law which might otherwise cause the termination of such a restriction shall not be affected by the provisions of this subdivision.

Source. 1973, 391:1. 1979, 301:5, eff. Aug. 21, 1979.

Section 477:47

    477:47 Interests in Real Estate. – Conservation, preservation, and agricultural preservation restrictions are interests in real estate and a document creating such a restriction shall be deemed a conveyance of real estate for purposes of RSA 477:3 and RSA 477:3-a relating to execution and recording. Such a restriction may be enforced by an action at law or by injunction or other proceeding in equity. No grantee or contingent grantee interest in such a restriction shall be created or amended by any document unless it bears the notarized signature of the grantee and any and all contingent grantees.

Source. 1973, 391:1. 1979, 301:6. 1992, 138:4. 2008, 125:1, eff. Aug. 2, 2008.

Section 477:48

    477:48 Repealed by 1985, 100:7, eff. July 9, 1985. –

Solar Skyspace Easements

Section 477:49

    477:49 Definitions. –
As used in this subdivision:
I. "Solar energy" means radiant energy, whether direct, diffuse, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy.
II. "Solar energy collector" means part or all of a device or structure used to transform solar energy into thermal, chemical, or electrical energy and any space or structural components of a building specifically designed to retain heat derived from solar energy.
III. "Solar skyspace" means the space between a solar energy collector and the sun which must remain unobstructed in order to permit sufficient solar energy to the collector for thermally efficient operation.
IV. "Solar skyspace easement" means a limitation, whether or not stated in the form of a restrictive easement, covenant, or condition, in any deed or other instrument executed by or on behalf of the landowner described in the deed or instrument creating and preserving a right to unobstructed access to solar energy; provided, however, the easement shall be exempt from the frontage and area requirements of local zoning ordinances.

Source. 1985, 369:3, eff. Aug. 17, 1985.

Section 477:50

    477:50 Creation of a Solar Skyspace Easement. –
I. A solar skyspace easement may be acquired and transferred and shall be recorded in the same manner as any other conveyance of an interest in real property. The easement shall run with the land benefited and burdened and shall terminate upon the conditions stated in the instrument creating the easement or upon court decree based upon abandonment or changed conditions or as provided in RSA 477:26; provided, however, that no planning board may require a landowner to grant an easement.
II. An instrument creating a solar skyspace easement shall include, but not be limited to:
(a) A description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar skyspace easement extends over the real property subject to the solar skyspace easement, or any other description which describes the 3-dimensional space, or the place and times of day in which an obstruction to solar energy is prohibited or limited;
(b) Terms or conditions under which the easement is granted or shall be terminated;
(c) Provisions for compensation of the benefited landowner in the event of interference with the enjoyment of the easement or compensation of the burdened landowner for maintaining the easement; and
(d) A description of the real property subject to the solar skyspace easement and a description of the real property benefiting from the solar skyspace easement.
III. A solar skyspace easement shall not terminate within 10 years after its creation unless an earlier termination is expressly stated in the instrument or is otherwise negotiated by the owners of the benefited and burdened land. The easement may be enforced by proceedings in equity and by actions at law for damages.

Source. 1985, 369:3, eff. Aug. 17, 1985.

Section 477:51

    477:51 Statutory Form of Solar Skyspace Easement. – A recorded instrument in the following form shall be sufficient to create a solar skyspace easement. The authorization of this form shall not preclude the use of other forms for the creation of a solar skyspace easement.

(Form for solar skyspace easement)


__________, of__________county, state of__________, __________for consideration paid, hereby conveys, grants and warrants to__________, __________of__________county, state of__________, a negative easement to restrict, in accordance with the following terms, the future use and development of the real property of grantor recorded in__________registry of deeds, vol.__________, page__________. The solar energy collector for which solar skyspace is to be protected is on the real property of grantee, which is recorded in registry of deeds, vol.__________, page__________, at the following locations:
The boundaries of the solar skyspace for the solar collector of grantee are as follows: (Description of boundaries with reference to applicable survey map, if any.)

(Alternative A)


No structure, vegetation, activity, or land use of grantor except utility lines, antennas, wires, and poles shall cast a shadow on a solar energy collector of grantee during the times specified unless such structure, vegetation, activity, or land use exists on the effective date of this easement and is not required to be removed or is excepted by the terms of this instrument. A shadow shall not be cast from 3 hours before noon to 3 hours after noon from September 22 through March 21 and from 4 hours before noon to 4 hours after noon from March 22 to September 21, all times being eastern standard time.

(or)

(Alternative B)


No structure, vegetation, activity, or land use other than those which exist on the effective date of this easement and which are not required to be removed or are excepted by the terms of this instrument shall penetrate the airspace at a height greater than over the real property of grantor.
Burdens and benefits of this easement are transferable and run with the land to subsequent grantees of the grantor and the grantee. This solar skyspace easement shall remain in effect until use of the solar energy collector is abandoned, provided it shall remain in effect for a period of at least 10 years, or until the grantee and grantor or their successors in interest terminate it. The solar energy terms used in this instrument are defined in RSA 477:49. The survey map depicting the affected properties and the boundaries of the protected areas of solar skyspace is incorporated by reference as part of this instrument.
Witness__________hand this__________day of__________, 20__________Witness:

(Here add acknowledgement)

Source. 1985, 369:3, eff. Aug. 17, 1985.

Funding of Loans at Real Estate Closings

Section 477:52

    477:52 Funding of Loans at Real Estate Closings. –
The funds provided by a mortgagee to fund a loan secured by real estate at a real estate closing shall be in the form of:
I. Cash;
II. Wired funds or electronic transfer;
III. Certified check;
IV. Checks issued by a governmental entity or instrumentality;
V. Any transfer of funds by check or otherwise that are finally collected and unconditionally available to the settlement agent;
VI. Checks or other drafts drawn by a state-chartered or federally-chartered financial institution;
VII. Checks or other drafts drawn by a state-chartered or federally-chartered credit union;
VIII. Checks issued by an insurance company licensed and regulated by the department of insurance; or
IX. Cashier's check, teller's check, or treasurer's check.

Source. 1999, 88:3, eff. Jan. 1, 2000.