A Contract for Deed is used as owner financing for the purchase of real property. The Seller retains title to the property until an agreed amount is paid. After the agreed amount is paid, the Seller conveys the property to Buyer.
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New Hampshire Agreement or Contract for Deed for Sale and Purchase of...
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Agreement Sale Purchase FAQ
A contract for deed is an agreement for buying property without going to a mortgage lender. The buyer agrees to pay the seller monthly payments, and the deed is turned over to the buyer when all payments have been made.
A contract for deed, also called a land contract or contract for sale, is a financing option for buyers who do not qualify for a mortgage loan to purchase property. In a contract for deed, the seller finances the purchase of the property, much like a mortgage company in a more traditional mortgage situation.
A disadvantage to the seller is that a contract for deed is frequently characterized by a low down payment and the purchase price is paid in installments instead of one lump sum. If a seller needs funds from the sale to buy another property, this would not be a beneficial method of selling real estate.
1 Access The Desired Real Estate Template To Record A Purchase Agreement. 2 Introduce The Agreement, Seller, Buyer, And Concerned Property. 3 Define The Basic Terms Of The Real Estate Purchase. 4 Record Any Property The Buyer Must Sell To Complete This Purchase.
A real estate deal can take a turn for the worst if the contract is not carefully written to include all the legal stipulations for both the buyer and seller.You can write your own real estate purchase agreement without paying any money as long as you include certain specifics about your home.
Contract for Deed Seller Financing. A contract for deed is used by some sellers who finance the sale of their homes. Seller's Ownership Liability. Buyer Default Risk. Seller Performance. Property Liens Could Hinder Purchase.
A contract for deed, also known as a "bond for deed," "land contract," or "installment land contract," is a transaction in which the seller finances the sale of his or her own property. In a contract for deed sale, the buyer agrees to pay the purchase price of the property in monthly installments.
The average length of a Contract for Deed is five years, but it can be for any amount of time that the buyer and seller agree on. Interest rates on a Contract for Deed are not regulated, so they can be as high or as low as the buyer and seller can agree on.
The Difference Between Renting to Own and a Contract for Deed. Renting to own usually means renting now, with an option to buy later. When you make this kind of deal, you are still a tenant, and the seller is still a landlord, until the final purchase. A contract for deed is very different.
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Law summary
Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract
NEW HAMPSHIRE STATUTESTITLE XLVIII. CONVEYANCES AND MORTGAGES OF REALTY
CHAPTER 477 CONVEYANCES OF REALTY AND INTERESTS THEREIN
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.
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.
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.
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.
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.
477:4-a Notification Required; Radon, Arsenic, and Lead Paint.
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 Paint: Before 1977, paint containing lead may have been used in structures. The presence of flaking lead paint can present a serious health hazard, especially to young children and pregnant women. Tests are available to determine whether lead is present.''
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.
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.
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
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.
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 ights of disclosure concerning the matter in RSA 477:4-e, I.<br />
Source. 1994, 365:1, eff. Aug. 8, 1994.<br />
477:4-f Notification Required Prior to Condominium Sale.<br />
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.<br />
Source. 2004, 73:1, eff. Jan. 1, 2005.<br />
477:4-g Notification Prior to Sale, Transfer, Lease, or Rental of Real Property on Which Methamphetamine Has Been Produced.<br />
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:<br />
(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.<br />
(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.<br />
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.<br />
Source. 2006, 241:4, eff. Jan. 1, 2007.<br />
<br />
477:5 Certificate of Acknowledgment.<br />
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.<br />
Source. 1917, 53:3. PL 213:5. RL 259:5.<br />
<br />
477:6 Fee for Certificate.<br />
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.<br />
Source. RS 229:1. CS 245:1. GS 272:1. GL 290:1. PL 287:3. PL 213:6. RL 259:6.<br />
477:7 Validity.<br />
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.<br />
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.<br />
<br />
477:7-a Notice of Lease.<br />
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:<br />
(a) The names and addresses of each party to the lease;<br />
(b) The date of execution of the lease;<br />
(c) A description of the demised premises as it appears in the lease;<br />
(d) The term of such lease; and<br />
(e) The date of commencement of such term and all rights of extension or renewal.<br />
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.<br />
Source. 1971, 76:2. 1977, 366:4. 1999, 77:1, eff. July 27, 1999.<br />
<br />
477:7-b Execution and Delivery of Lease Required.<br />
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.<br />
II. Any person who fails to comply with this section shall be guilty of a violation.<br />
Source. 1975, 306:1, eff. Aug. 6, 1975.<br />
<br />
477:8 Additional Record.<br />
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.<br />
Source. RS 130:5. CS 136:5. GS 121:5. GL 135:5. PS 137:5. PL 213:8. RL 259:8.<br />
<br />
477:9 Power of Attorney.<br />
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.<br />
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.<br />
<br />
477:10 Unacknowledged Deed.<br />
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.<br />
Source. RS 130:7. CS 136:7. GS 121:7. GL 135:7. PS 137:7. PL 213:10. RL 259:10.<br />
<br />
477:12 Proof by Handwriting.<br />
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.<br />
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.<br />
<br />
477:13 Refusal to Acknowledge.<br />
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.<br />
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.<br />
<br />
477:14 Neglect to Record.<br />
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.<br />
Source. RS 130:11. CS 136:11. GS 121:11. GL 135:11. PS 137:11. PL 213:14. RL 259:14.<br />
<br />
477:15 Oral Conveyance.<br />
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.<br />
Source. RS 130:12. CS 136:12. GS 121:12. GL 135:12. PS 137:12. PL 213:15. RL 259:15.<br />
<br />
477:16 Deeds Lacking Statement of Consideration or Acknowledgments Validated.<br />
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.<br />
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.<br />
<br />
477:17 Trusts.<br />
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.<br />
Source. RS 130:13. CS 136:13. GS 121:13. GL 135:13. PS 137:13. PL 213:16. RL 259:16.<br />
477:18 Tenants in Common.<br />
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.<br />
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.<br />
477:19 Joint Heirs.<br />
Joint heirs shall be deemed tenants in common.<br />
Source. RS 129:3. CS 135:3. GS 121:15. GL 135:15. PS 137:15. PL 213:18. RL 259:18.<br />
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477:20 Alien Residents.<br />
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.<br />
Source. RS 129:4. CS 135:4. GS 121:16. GL 135:16. PS 137:16. PL 213:19. RL 259:19.<br />
<br />
477:21 Escheat.<br />
Any right or claim of the state, by escheat or otherwise, to the estate of any resident alien is hereby discharged.<br />
Source. RS 129:5. CS 135:5. GS 121:17. GL 135:17. PS 137:17. PL 213:20. RL 259:20.<br />
<br />
477:22 Limited Interest.<br />
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.<br />
Source. RS 129:6. CS 135:6. GS 121:18. GL 135:18. PS 137:18. PL 213:21. RL 259:21.<br />
<br />
NEW HAMPSHIRE STATUTES<br />
TITLE XLVIII. CONVEYANCES AND MORTGAGES OF REALTY<br />
CHAPTER 477 CONVEYANCES OF REALTY AND INTERESTS THEREIN<br />
FORMS OF DEED AND MORTGAGES<br />
477:23 Purpose.<br />
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.<br />
Source. 1951, 178:1, eff. Aug. 1, 1951.<br />
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477:24 Unnecessary Words; Construction of Certain Words.<br />
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.<br />
Source. 1951, 178:2, eff. Aug. 1, 1951.<br />
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477:25 Statute of Uses Not to Effect Trusts.<br />
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.<br />
Source. 1951, 178:3. RSA 477:25. 1986, 10:1, eff. May 26, 1986.<br />
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477:26 Easements, Appurtenances, Etc.<br />
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.<br />
Source. 1951, 178:4, eff. Aug. 1, 1951.<br />
477:27 Statutory Form of Warranty Deed.<br />
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.<br />
(Form for warranty deed)<br />
__________, 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.<br />
(Here add acknowledgment)<br />
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.<br />
477:28 Statutory Form of Quitclaim Deed.<br />
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.<br />
(Form for quitclaim deed)<br />
__________, 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.<br />
(Here add acknowledgment)<br />
Source. 1951, 178:6. RSA 477:28. 1965, 125:3. 1971, 179:7. 1981, 303:5. 2006, 7:1, eff. April 11, 2006.<br />
<br />
477:29 Statutory Form of Power of Sale Mortgage.<br />
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:<br />
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.<br />
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.”<br />
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.<br />
(Form for mortgage deed, with power of sale)<br />
__________ 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.<br />
(Here add acknowledgment)<br />
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.<br />
<br />
477:30 Statutory Form of Fiduciary Deed.<br />
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.<br />
(Form for fiduciary deed)<br />
__________ 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.)<br />
(Here add acknowledgment)<br />
Source. 1951, 178:8. RSA 477:30. 1965, 125:5. 1977, 366:9. 1981, 303:7. 2006, 7:3, eff. April 11, 2006.<br />
477:31 Statutory Form for Foreclosure Deed Under Power of Sale.<br />
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:<br />
__________ 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.<br />
(Here add acknowledgment)<br />
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.<br />
Source. 1951, 178:9. RSA 477:31. 1965, 125:6. 1977, 366:10. 1981, 303:8. 2006, 7:3, eff. April 11, 2006.<br />
477:32 Affidavit of Sale Under Power of Sale in Mortgage.<br />
The affidavit required by RSA 479:26 may be in the following form:<br />
___, 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:<br />
(Insert copy of advertisement)<br />
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.<br />
(Signature) __________<br />
(Here add jurat)<br />
Source. 1951, 178:10, eff. Aug. 1, 1951.<br />
477:32-a Error in or Omission of Mailing Address.<br />
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.<br />
Source. 1965, 125:7, eff. Jan. 1, 1966.<br />
<br />
NEW HAMPSHIRE STATUTES<br />
TITLE XLVIII. CONVEYANCES AND MORTGAGES OF REALTY<br />
CHAPTER 477 CONVEYANCES OF REALTY AND INTERESTS THEREIN<br />
CONVEYANCE OF REMAINDERS, ETC.<br />
477:39 Petition for Trustee; Order for Sale.<br />
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.<br />
Source. 1893, 19:1. 1925, 121:1. PL 213:28. RL 259:28.<br />
<br />
477:40 Notice.<br />
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.<br />
Source. 1893, 19:2. PL 213:29. RL 259:29.<br />
477:41 Appearances; Costs.<br />
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.<br />
Source. 1893, 19:2. PL 213:30. RL 259:30.<br />
477:42 Trustee’s Bond; Duties.<br />
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.<br />
Source. 1893, 19:3. 1925, 121:2. PL 213:31. RL 259:31.<br />
<br />
477:43 Probate Jurisdiction.<br />
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.<br />
Source. 1893, 19:3. PL 213:32. RL 259:32. RSA 477:43. 1975, 395:3, eff. Jan. 1, 1976.<br />
NEW HAMPSHIRE CASE LAW<br />
The terms “contract for deed,” “bond for deed” and “installment land contract” are synonymous, and are used to describe the most commonly employed mortgage substitute. These agreements usually contain the following provisions: the prospective purchaser, after making a down payment, occupies the property, and pays in monthly installments the balance of the principal and interest. The vendor, however, retains legal title until the final payment is made. During the contract term, the purchaser normally assumes responsibility for paying the taxes and insurance and promises to keep the property in good repair. Randall v. Riel, 465 A.2d 505 (1983)<br />
Legal definition
Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract
NEW HAMPSHIRE STATUTES
TITLE XLVIII. CONVEYANCES AND MORTGAGES OF REALTY
CHAPTER 477 CONVEYANCES OF REALTY AND INTERESTS THEREIN
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.
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.
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.
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.
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.
477:4-a Notification Required; Radon, Arsenic, and Lead Paint.
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 Paint: Before 1977, paint containing lead may have been used in structures. The presence of flaking lead paint can present a serious health hazard, especially to young children and pregnant women. Tests are available to determine whether lead is present.''
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.
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.
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
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.
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 ights of disclosure concerning the matter in RSA 477:4-e, I.<br />
Source. 1994, 365:1, eff. Aug. 8, 1994.<br />
477:4-f Notification Required Prior to Condominium Sale.<br />
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.<br />
Source. 2004, 73:1, eff. Jan. 1, 2005.<br />
477:4-g Notification Prior to Sale, Transfer, Lease, or Rental of Real Property on Which Methamphetamine Has Been Produced.<br />
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:<br />
(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.<br />
(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.<br />
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.<br />
Source. 2006, 241:4, eff. Jan. 1, 2007.<br />
<br />
477:5 Certificate of Acknowledgment.<br />
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.<br />
Source. 1917, 53:3. PL 213:5. RL 259:5.<br />
<br />
477:6 Fee for Certificate.<br />
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.<br />
Source. RS 229:1. CS 245:1. GS 272:1. GL 290:1. PL 287:3. PL 213:6. RL 259:6.<br />
477:7 Validity.<br />
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.<br />
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.<br />
<br />
477:7-a Notice of Lease.<br />
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:<br />
(a) The names and addresses of each party to the lease;<br />
(b) The date of execution of the lease;<br />
(c) A description of the demised premises as it appears in the lease;<br />
(d) The term of such lease; and<br />
(e) The date of commencement of such term and all rights of extension or renewal.<br />
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.<br />
Source. 1971, 76:2. 1977, 366:4. 1999, 77:1, eff. July 27, 1999.<br />
<br />
477:7-b Execution and Delivery of Lease Required.<br />
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.<br />
II. Any person who fails to comply with this section shall be guilty of a violation.<br />
Source. 1975, 306:1, eff. Aug. 6, 1975.<br />
<br />
477:8 Additional Record.<br />
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.<br />
Source. RS 130:5. CS 136:5. GS 121:5. GL 135:5. PS 137:5. PL 213:8. RL 259:8.<br />
<br />
477:9 Power of Attorney.<br />
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.<br />
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.<br />
<br />
477:10 Unacknowledged Deed.<br />
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.<br />
Source. RS 130:7. CS 136:7. GS 121:7. GL 135:7. PS 137:7. PL 213:10. RL 259:10.<br />
<br />
477:12 Proof by Handwriting.<br />
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.<br />
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.<br />
<br />
477:13 Refusal to Acknowledge.<br />
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.<br />
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.<br />
<br />
477:14 Neglect to Record.<br />
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.<br />
Source. RS 130:11. CS 136:11. GS 121:11. GL 135:11. PS 137:11. PL 213:14. RL 259:14.<br />
<br />
477:15 Oral Conveyance.<br />
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.<br />
Source. RS 130:12. CS 136:12. GS 121:12. GL 135:12. PS 137:12. PL 213:15. RL 259:15.<br />
<br />
477:16 Deeds Lacking Statement of Consideration or Acknowledgments Validated.<br />
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.<br />
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.<br />
<br />
477:17 Trusts.<br />
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.<br />
Source. RS 130:13. CS 136:13. GS 121:13. GL 135:13. PS 137:13. PL 213:16. RL 259:16.<br />
477:18 Tenants in Common.<br />
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.<br />
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.<br />
477:19 Joint Heirs.<br />
Joint heirs shall be deemed tenants in common.<br />
Source. RS 129:3. CS 135:3. GS 121:15. GL 135:15. PS 137:15. PL 213:18. RL 259:18.<br />
<br />
477:20 Alien Residents.<br />
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.<br />
Source. RS 129:4. CS 135:4. GS 121:16. GL 135:16. PS 137:16. PL 213:19. RL 259:19.<br />
<br />
477:21 Escheat.<br />
Any right or claim of the state, by escheat or otherwise, to the estate of any resident alien is hereby discharged.<br />
Source. RS 129:5. CS 135:5. GS 121:17. GL 135:17. PS 137:17. PL 213:20. RL 259:20.<br />
<br />
477:22 Limited Interest.<br />
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.<br />
Source. RS 129:6. CS 135:6. GS 121:18. GL 135:18. PS 137:18. PL 213:21. RL 259:21.<br />
<br />
NEW HAMPSHIRE STATUTES<br />
TITLE XLVIII. CONVEYANCES AND MORTGAGES OF REALTY<br />
CHAPTER 477 CONVEYANCES OF REALTY AND INTERESTS THEREIN<br />
FORMS OF DEED AND MORTGAGES<br />
477:23 Purpose.<br />
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.<br />
Source. 1951, 178:1, eff. Aug. 1, 1951.<br />
<br />
477:24 Unnecessary Words; Construction of Certain Words.<br />
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.<br />
Source. 1951, 178:2, eff. Aug. 1, 1951.<br />
<br />
477:25 Statute of Uses Not to Effect Trusts.<br />
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.<br />
Source. 1951, 178:3. RSA 477:25. 1986, 10:1, eff. May 26, 1986.<br />
<br />
477:26 Easements, Appurtenances, Etc.<br />
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.<br />
Source. 1951, 178:4, eff. Aug. 1, 1951.<br />
477:27 Statutory Form of Warranty Deed.<br />
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.<br />
(Form for warranty deed)<br />
__________, 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.<br />
(Here add acknowledgment)<br />
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.<br />
477:28 Statutory Form of Quitclaim Deed.<br />
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.<br />
(Form for quitclaim deed)<br />
__________, 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.<br />
(Here add acknowledgment)<br />
Source. 1951, 178:6. RSA 477:28. 1965, 125:3. 1971, 179:7. 1981, 303:5. 2006, 7:1, eff. April 11, 2006.<br />
<br />
477:29 Statutory Form of Power of Sale Mortgage.<br />
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:<br />
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.<br />
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.”<br />
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.<br />
(Form for mortgage deed, with power of sale)<br />
__________ 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.<br />
(Here add acknowledgment)<br />
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.<br />
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477:30 Statutory Form of Fiduciary Deed.<br />
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.<br />
(Form for fiduciary deed)<br />
__________ 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.)<br />
(Here add acknowledgment)<br />
Source. 1951, 178:8. RSA 477:30. 1965, 125:5. 1977, 366:9. 1981, 303:7. 2006, 7:3, eff. April 11, 2006.<br />
477:31 Statutory Form for Foreclosure Deed Under Power of Sale.<br />
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:<br />
__________ 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.<br />
(Here add acknowledgment)<br />
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.<br />
Source. 1951, 178:9. RSA 477:31. 1965, 125:6. 1977, 366:10. 1981, 303:8. 2006, 7:3, eff. April 11, 2006.<br />
477:32 Affidavit of Sale Under Power of Sale in Mortgage.<br />
The affidavit required by RSA 479:26 may be in the following form:<br />
___, 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:<br />
(Insert copy of advertisement)<br />
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.<br />
(Signature) __________<br />
(Here add jurat)<br />
Source. 1951, 178:10, eff. Aug. 1, 1951.<br />
477:32-a Error in or Omission of Mailing Address.<br />
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.<br />
Source. 1965, 125:7, eff. Jan. 1, 1966.<br />
<br />
NEW HAMPSHIRE STATUTES<br />
TITLE XLVIII. CONVEYANCES AND MORTGAGES OF REALTY<br />
CHAPTER 477 CONVEYANCES OF REALTY AND INTERESTS THEREIN<br />
CONVEYANCE OF REMAINDERS, ETC.<br />
477:39 Petition for Trustee; Order for Sale.<br />
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.<br />
Source. 1893, 19:1. 1925, 121:1. PL 213:28. RL 259:28.<br />
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477:40 Notice.<br />
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.<br />
Source. 1893, 19:2. PL 213:29. RL 259:29.<br />
477:41 Appearances; Costs.<br />
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.<br />
Source. 1893, 19:2. PL 213:30. RL 259:30.<br />
477:42 Trustee’s Bond; Duties.<br />
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.<br />
Source. 1893, 19:3. 1925, 121:2. PL 213:31. RL 259:31.<br />
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477:43 Probate Jurisdiction.<br />
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.<br />
Source. 1893, 19:3. PL 213:32. RL 259:32. RSA 477:43. 1975, 395:3, eff. Jan. 1, 1976.<br />
NEW HAMPSHIRE CASE LAW<br />
The terms “contract for deed,” “bond for deed” and “installment land contract” are synonymous, and are used to describe the most commonly employed mortgage substitute. These agreements usually contain the following provisions: the prospective purchaser, after making a down payment, occupies the property, and pays in monthly installments the balance of the principal and interest. The vendor, however, retains legal title until the final payment is made. During the contract term, the purchaser normally assumes responsibility for paying the taxes and insurance and promises to keep the property in good repair. Randall v. Riel, 465 A.2d 505 (1983)<br />
TITLE XLVIII. CONVEYANCES AND MORTGAGES OF REALTY
CHAPTER 477 CONVEYANCES OF REALTY AND INTERESTS THEREIN
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.
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.
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.
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.
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.
477:4-a Notification Required; Radon, Arsenic, and Lead Paint.
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 Paint: Before 1977, paint containing lead may have been used in structures. The presence of flaking lead paint can present a serious health hazard, especially to young children and pregnant women. Tests are available to determine whether lead is present.''
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.
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.
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
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.
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 ights of disclosure concerning the matter in RSA 477:4-e, I.<br />
Source. 1994, 365:1, eff. Aug. 8, 1994.<br />
477:4-f Notification Required Prior to Condominium Sale.<br />
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.<br />
Source. 2004, 73:1, eff. Jan. 1, 2005.<br />
477:4-g Notification Prior to Sale, Transfer, Lease, or Rental of Real Property on Which Methamphetamine Has Been Produced.<br />
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:<br />
(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.<br />
(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.<br />
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.<br />
Source. 2006, 241:4, eff. Jan. 1, 2007.<br />
<br />
477:5 Certificate of Acknowledgment.<br />
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.<br />
Source. 1917, 53:3. PL 213:5. RL 259:5.<br />
<br />
477:6 Fee for Certificate.<br />
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.<br />
Source. RS 229:1. CS 245:1. GS 272:1. GL 290:1. PL 287:3. PL 213:6. RL 259:6.<br />
477:7 Validity.<br />
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.<br />
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.<br />
<br />
477:7-a Notice of Lease.<br />
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:<br />
(a) The names and addresses of each party to the lease;<br />
(b) The date of execution of the lease;<br />
(c) A description of the demised premises as it appears in the lease;<br />
(d) The term of such lease; and<br />
(e) The date of commencement of such term and all rights of extension or renewal.<br />
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.<br />
Source. 1971, 76:2. 1977, 366:4. 1999, 77:1, eff. July 27, 1999.<br />
<br />
477:7-b Execution and Delivery of Lease Required.<br />
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.<br />
II. Any person who fails to comply with this section shall be guilty of a violation.<br />
Source. 1975, 306:1, eff. Aug. 6, 1975.<br />
<br />
477:8 Additional Record.<br />
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.<br />
Source. RS 130:5. CS 136:5. GS 121:5. GL 135:5. PS 137:5. PL 213:8. RL 259:8.<br />
<br />
477:9 Power of Attorney.<br />
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.<br />
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.<br />
<br />
477:10 Unacknowledged Deed.<br />
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.<br />
Source. RS 130:7. CS 136:7. GS 121:7. GL 135:7. PS 137:7. PL 213:10. RL 259:10.<br />
<br />
477:12 Proof by Handwriting.<br />
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.<br />
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.<br />
<br />
477:13 Refusal to Acknowledge.<br />
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.<br />
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.<br />
<br />
477:14 Neglect to Record.<br />
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.<br />
Source. RS 130:11. CS 136:11. GS 121:11. GL 135:11. PS 137:11. PL 213:14. RL 259:14.<br />
<br />
477:15 Oral Conveyance.<br />
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.<br />
Source. RS 130:12. CS 136:12. GS 121:12. GL 135:12. PS 137:12. PL 213:15. RL 259:15.<br />
<br />
477:16 Deeds Lacking Statement of Consideration or Acknowledgments Validated.<br />
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.<br />
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.<br />
<br />
477:17 Trusts.<br />
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.<br />
Source. RS 130:13. CS 136:13. GS 121:13. GL 135:13. PS 137:13. PL 213:16. RL 259:16.<br />
477:18 Tenants in Common.<br />
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.<br />
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.<br />
477:19 Joint Heirs.<br />
Joint heirs shall be deemed tenants in common.<br />
Source. RS 129:3. CS 135:3. GS 121:15. GL 135:15. PS 137:15. PL 213:18. RL 259:18.<br />
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477:20 Alien Residents.<br />
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.<br />
Source. RS 129:4. CS 135:4. GS 121:16. GL 135:16. PS 137:16. PL 213:19. RL 259:19.<br />
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477:21 Escheat.<br />
Any right or claim of the state, by escheat or otherwise, to the estate of any resident alien is hereby discharged.<br />
Source. RS 129:5. CS 135:5. GS 121:17. GL 135:17. PS 137:17. PL 213:20. RL 259:20.<br />
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477:22 Limited Interest.<br />
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.<br />
Source. RS 129:6. CS 135:6. GS 121:18. GL 135:18. PS 137:18. PL 213:21. RL 259:21.<br />
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NEW HAMPSHIRE STATUTES<br />
TITLE XLVIII. CONVEYANCES AND MORTGAGES OF REALTY<br />
CHAPTER 477 CONVEYANCES OF REALTY AND INTERESTS THEREIN<br />
FORMS OF DEED AND MORTGAGES<br />
477:23 Purpose.<br />
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.<br />
Source. 1951, 178:1, eff. Aug. 1, 1951.<br />
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477:24 Unnecessary Words; Construction of Certain Words.<br />
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.<br />
Source. 1951, 178:2, eff. Aug. 1, 1951.<br />
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477:25 Statute of Uses Not to Effect Trusts.<br />
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.<br />
Source. 1951, 178:3. RSA 477:25. 1986, 10:1, eff. May 26, 1986.<br />
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477:26 Easements, Appurtenances, Etc.<br />
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.<br />
Source. 1951, 178:4, eff. Aug. 1, 1951.<br />
477:27 Statutory Form of Warranty Deed.<br />
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.<br />
(Form for warranty deed)<br />
__________, 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.<br />
(Here add acknowledgment)<br />
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.<br />
477:28 Statutory Form of Quitclaim Deed.<br />
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.<br />
(Form for quitclaim deed)<br />
__________, 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.<br />
(Here add acknowledgment)<br />
Source. 1951, 178:6. RSA 477:28. 1965, 125:3. 1971, 179:7. 1981, 303:5. 2006, 7:1, eff. April 11, 2006.<br />
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477:29 Statutory Form of Power of Sale Mortgage.<br />
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:<br />
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.<br />
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.”<br />
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.<br />
(Form for mortgage deed, with power of sale)<br />
__________ 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.<br />
(Here add acknowledgment)<br />
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.<br />
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477:30 Statutory Form of Fiduciary Deed.<br />
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.<br />
(Form for fiduciary deed)<br />
__________ 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.)<br />
(Here add acknowledgment)<br />
Source. 1951, 178:8. RSA 477:30. 1965, 125:5. 1977, 366:9. 1981, 303:7. 2006, 7:3, eff. April 11, 2006.<br />
477:31 Statutory Form for Foreclosure Deed Under Power of Sale.<br />
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:<br />
__________ 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.<br />
(Here add acknowledgment)<br />
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.<br />
Source. 1951, 178:9. RSA 477:31. 1965, 125:6. 1977, 366:10. 1981, 303:8. 2006, 7:3, eff. April 11, 2006.<br />
477:32 Affidavit of Sale Under Power of Sale in Mortgage.<br />
The affidavit required by RSA 479:26 may be in the following form:<br />
___, 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:<br />
(Insert copy of advertisement)<br />
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.<br />
(Signature) __________<br />
(Here add jurat)<br />
Source. 1951, 178:10, eff. Aug. 1, 1951.<br />
477:32-a Error in or Omission of Mailing Address.<br />
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.<br />
Source. 1965, 125:7, eff. Jan. 1, 1966.<br />
<br />
NEW HAMPSHIRE STATUTES<br />
TITLE XLVIII. CONVEYANCES AND MORTGAGES OF REALTY<br />
CHAPTER 477 CONVEYANCES OF REALTY AND INTERESTS THEREIN<br />
CONVEYANCE OF REMAINDERS, ETC.<br />
477:39 Petition for Trustee; Order for Sale.<br />
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.<br />
Source. 1893, 19:1. 1925, 121:1. PL 213:28. RL 259:28.<br />
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477:40 Notice.<br />
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.<br />
Source. 1893, 19:2. PL 213:29. RL 259:29.<br />
477:41 Appearances; Costs.<br />
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.<br />
Source. 1893, 19:2. PL 213:30. RL 259:30.<br />
477:42 Trustee’s Bond; Duties.<br />
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.<br />
Source. 1893, 19:3. 1925, 121:2. PL 213:31. RL 259:31.<br />
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477:43 Probate Jurisdiction.<br />
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.<br />
Source. 1893, 19:3. PL 213:32. RL 259:32. RSA 477:43. 1975, 395:3, eff. Jan. 1, 1976.<br />
NEW HAMPSHIRE CASE LAW<br />
The terms “contract for deed,” “bond for deed” and “installment land contract” are synonymous, and are used to describe the most commonly employed mortgage substitute. These agreements usually contain the following provisions: the prospective purchaser, after making a down payment, occupies the property, and pays in monthly installments the balance of the principal and interest. The vendor, however, retains legal title until the final payment is made. During the contract term, the purchaser normally assumes responsibility for paying the taxes and insurance and promises to keep the property in good repair. Randall v. Riel, 465 A.2d 505 (1983)<br />
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