reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:47 - Interests in Real Estate.

477:47 Interests in Real Estate. –
Conservation, preservation, and agricultural preservation restrictions are interests in real estate and a document creating such a restriction shall be deemed a conveyance of real estate for purposes of RSA 477:3 and RSA 477:3-a relating to execution and recording. Such a restriction may be enforced by an action at law or by injunction or other proceeding in equity. No grantee or contingent grantee interest in such a restriction shall be created or amended by any document unless it bears the notarized signature of the grantee and any and all contingent grantees.
Source.
1973, 391:1. 1979, 301:6. 1992, 138:4. 2008, 125:1, eff. Aug. 2, 2008.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:48 - Repealed by 1985, 100:7, eff. July 9, 1985.

477:48 Repealed by 1985, 100:7, eff. July 9, 1985. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:49 - Definitions.

477:49 Definitions. –
As used in this subdivision:
I. "Solar energy" means radiant energy, whether direct, diffuse, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy.
II. "Solar energy collector" means part or all of a device or structure used to transform solar energy into thermal, chemical, or electrical energy and any space or structural components of a building specifically designed to retain heat derived from solar energy.
III. "Solar skyspace" means the space between a solar energy collector and the sun which must remain unobstructed in order to permit sufficient solar energy to the collector for thermally efficient operation.
IV. "Solar skyspace easement" means a limitation, whether or not stated in the form of a restrictive easement, covenant, or condition, in any deed or other instrument executed by or on behalf of the landowner described in the deed or instrument creating and preserving a right to unobstructed access to solar energy; provided, however, the easement shall be exempt from the frontage and area requirements of local zoning ordinances.
Source.
1985, 369:3, eff. Aug. 17, 1985.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:50 - Creation of a Solar Skyspace Easement.

477:50 Creation of a Solar Skyspace Easement. –
I. A solar skyspace easement may be acquired and transferred and shall be recorded in the same manner as any other conveyance of an interest in real property. The easement shall run with the land benefited and burdened and shall terminate upon the conditions stated in the instrument creating the easement or upon court decree based upon abandonment or changed conditions or as provided in RSA 477:26; provided, however, that no planning board may require a landowner to grant an easement.
II. An instrument creating a solar skyspace easement shall include, but not be limited to:
(a) A description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar skyspace easement extends over the real property subject to the solar skyspace easement, or any other description which describes the 3-dimensional space, or the place and times of day in which an obstruction to solar energy is prohibited or limited;
(b) Terms or conditions under which the easement is granted or shall be terminated;
(c) Provisions for compensation of the benefited landowner in the event of interference with the enjoyment of the easement or compensation of the burdened landowner for maintaining the easement; and
(d) A description of the real property subject to the solar skyspace easement and a description of the real property benefiting from the solar skyspace easement.
III. A solar skyspace easement shall not terminate within 10 years after its creation unless an earlier termination is expressly stated in the instrument or is otherwise negotiated by the owners of the benefited and burdened land. The easement may be enforced by proceedings in equity and by actions at law for damages.
Source.
1985, 369:3, eff. Aug. 17, 1985.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:51 - Statutory Form of Solar Skyspace Easement.

477:51 Statutory Form of Solar Skyspace Easement. –
A recorded instrument in the following form shall be sufficient to create a solar skyspace easement. The authorization of this form shall not preclude the use of other forms for the creation of a solar skyspace easement.
(Form for solar skyspace easement)
__________ , of __________ county, state of __________ , __________ for consideration paid, hereby conveys, grants and warrants to __________ , __________ of __________ county, state of __________ , a negative easement to restrict, in accordance with the following terms, the future use and development of the real property of grantor recorded in __________ registry of deeds, vol. __________ , page __________ . The solar energy collector for which solar skyspace is to be protected is on the real property of grantee, which is recorded in registry of deeds, vol. __________ , page __________ , at the following locations:
The boundaries of the solar skyspace for the solar collector of grantee are as follows: (Description of boundaries with reference to applicable survey map, if any.)
(Alternative A)
No structure, vegetation, activity, or land use of grantor except utility lines, antennas, wires, and poles shall cast a shadow on a solar energy collector of grantee during the times specified unless such structure, vegetation, activity, or land use exists on the effective date of this easement and is not required to be removed or is excepted by the terms of this instrument. A shadow shall not be cast from 3 hours before noon to 3 hours after noon from September 22 through March 21 and from 4 hours before noon to 4 hours after noon from March 22 to September 21, all times being eastern standard time.
(or)
(Alternative B)
No structure, vegetation, activity, or land use other than those which exist on the effective date of this easement and which are not required to be removed or are excepted by the terms of this instrument shall penetrate the airspace at a height greater than over the real property of grantor.
Burdens and benefits of this easement are transferable and run with the land to subsequent grantees of the grantor and the grantee. This solar skyspace easement shall remain in effect until use of the solar energy collector is abandoned, provided it shall remain in effect for a period of at least 10 years, or until the grantee and grantor or their successors in interest terminate it. The solar energy terms used in this instrument are defined in RSA 477:49. The survey map depicting the affected properties and the boundaries of the protected areas of solar skyspace is incorporated by reference as part of this instrument.
Witness __________ hand this __________ day of __________ , 20 __________ Witness:
(Here add acknowledgement)
Source.
1985, 369:3, eff. Aug. 17, 1985.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:52 - Funding of Loans at Real Estate Closings.

477:52 Funding of Loans at Real Estate Closings. –
The funds provided by a mortgagee to fund a loan secured by real estate at a real estate closing shall be in the form of:
I. Cash;
II. Wired funds or electronic transfer;
III. Certified check;
IV. Checks issued by a governmental entity or instrumentality;
V. Any transfer of funds by check or otherwise that are finally collected and unconditionally available to the settlement agent;
VI. Checks or other drafts drawn by a state-chartered or federally-chartered financial institution;
VII. Checks or other drafts drawn by a state-chartered or federally-chartered credit union;
VIII. Checks issued by an insurance company licensed and regulated by the department of insurance; or
IX. Cashier's check, teller's check, or treasurer's check.
Source.
1999, 88:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:1 - Duties.

478:1 Duties. –
The register of deeds shall carefully keep in the office provided by the county at all times, except when he may be required by a court to produce them as evidence or when the same may be removed for the purposes of repair, all books, records, files and papers belonging thereto, and when not in use shall keep them in a safe location where their protection from fire, theft, water and the elements is insured, and he shall permit no paper there deposited for record to be taken from his office before it is recorded. Whenever any of the volumes of records in his office shall be in need of repair, he shall seasonably cause them to be suitably repaired at the expense of the county, and, if necessary, he may allow such volumes to be taken out of his office for a reasonable time for that purpose.
Source.
RS 22:4. CS 23:4. GS 26:3. GL 23:15; 27:3. PS 29:1. 1911, 80:1. PL 40:1. RL 49:1. RSA 478:1. 1975, 149:2, eff. May 26, 1975.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:2 - Deputy Registers.

478:2 Deputy Registers. –
Registers of deeds may appoint deputies to perform the duties of their offices in cases of sickness or the temporary absence of the officer making the appointment. The appointment shall be made in writing, shall be approved by the bondsmen of the officer appointing and by the county commissioners, and shall be for a length of time not exceeding 2 years. The register of deeds shall be held responsible for any neglect or official misconduct of his deputies. The deputy shall be qualified in the same manner as the officer appointing him. The salaries of the deputies shall be paid by the county.
Source.
1881, 44:1; 45:1. PS 25:9. 1911, 124:1. PL 36:10. RL 45:11. RSA 478:2. 1979, 376:4. 1981, 244:1. 1983, 262:3, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:2-a - Assistants.

478:2-a Assistants. –
The register of deeds may employ individuals to assist him in the performance of his official duties. The salaries of the assistants and any other expenses of the office of register of deeds shall be paid by the county.
Source.
1957, 92:1. 1981, 244:2. 1983, 262:4, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:3 - Disability of Register.

478:3 Disability of Register. –
When the register, by reason of sickness, absence, or other cause, is disabled from executing the duties of his office, his deputy shall execute the same until such disability is removed or a register is chosen in accordance with the provisions of RSA 661:9.
Source.
1907, 88:2. PL 36:12. RL 45:13.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:4 - Recording.

478:4 Recording. –
The register of deeds shall receive, file and record for the legal charges all original deeds and instruments brought for that purpose, and shall furnish certificates or copies thereof when required. All documents submitted for recording in each registry of deeds should be on material with markings and of a size to insure suitable, permanent recording thereof.
Source.
RS 22:5. CS 23:5. GS 26:4. GL 27:4. PS 29:2. PL 40:2. RL 49:2. RSA 478:4. 1971, 449:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:4-a - Form of Records.

478:4-a Form of Records. –
I. The register of deeds shall not accept a deed or instrument for filing and recording unless it recites the following information:
(a) The latest mailing address of the grantees named in the deed or instrument;
(b) In the first sentence of the first description paragraph, the names of all municipalities in which the property is located;
(c) The name of each person signing the deed or instrument as a party to the transaction printed or typewritten under the signature.
II. All documents shall be suitable for reproduction as determined by the register of deeds, who shall provide document standards as amended and adopted by the New Hampshire registers of deeds. The standards and any amendments thereto shall include a statement of their effective date, and shall be posted in and distributed by all registries of deeds for at least 60 days prior to such effective date.
Source.
1975, 484:1. 1989, 154:1. 2001, 260:20, eff. Sept. 11, 2001.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:4-b - Records; Social Security Numbers and Financial Information.

478:4-b Records;  Social Security Numbers and Financial Information. –
I. The preparer of a document shall not include an individual's social security number, armed forces service number, credit card number, or deposit account numbers in a document that is prepared and presented for recording in the office of the register of deeds. This paragraph shall not apply to state or federal tax liens and certified copies of death certificates filed or recorded in the office of the register of deeds. For the purpose of this section, "preparer" shall mean the person who drafts the documents that are recorded with the register of deeds. Preparer shall not include any person who hires, requires, refers, pays, or requests that the documents be drafted or recorded.
II. If a deed or instrument that includes an individual's social security number, armed forces service number, credit card number, or deposit account numbers, was filed with the register of deeds and is available on the Internet, and if the information is discovered by the register of deeds in the ordinary course of business after the effective date of this section, the register of deeds shall redact such information from the Internet record. The register of deeds shall also establish a procedure by which individuals may request that such information be redacted from its files which are available on the Internet. Upon request, the information shall be redacted.
III. The register of deeds shall comply with an individual's request to redact his or her social security number, armed forces service number, credit card number, or deposit account numbers within 5 business days of the receipt of the request, or sooner, if ordered to do so by a court, for good cause shown.
Source.
2006, 221:7. 2009, 69:1, eff. Aug. 8, 2009. 2013, 147:1, eff. Aug. 27, 2013.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:4-c - Violation; Enforcement.

478:4-c Violation;  Enforcement. –
An individual aggrieved by a violation of RSA 478:4-b, I may bring against the preparer:
I. An action to enjoin such violation.
II. An action to recover actual monetary loss from such a violation, or to receive up to $1,000 in damages for each such violation, whichever is greater.
III. Both such actions.
Source.
2006, 221:7, eff. Mar. 1, 2007.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:5 - Record; Index.

478:5 Record;  Index. –
Upon acceptance of any deed or instrument for recording, the register of deeds shall enter into the index of the grantors the names of the grantors-to-grantees and into the index of the grantees the names of the grantees-to-grantors.
Source.
RS 22:7. CS 23:7. GS 26:5. GL 27:5. PS 29:3. PL 40:3. RL 49:3. RSA 478:5. 1969, 492:2. 1990, 183:1. 2004, 60:1. 2008, 322:6, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:6 - Index Reproduction.

478:6 Index Reproduction. –
The register of deeds may cause the indexes to be reproduced into indexes of grantors and grantees using an acceptable recording method.
Source.
RS 22:6. CS 23:6. GS 26:6. GL 27:6. PS 29:4. PL 40:4. RL 49:4. 2008, 322:6, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:7 - Levy; Extent.

478:7 Levy;  Extent. –
The names of the debtors or defendants upon whose land any levy or extent shall be made, if the same is recorded, shall be entered as such in the index of grantors, and the names of the creditors or plaintiffs, as such, in the index of the grantees.
Source.
GS 26:7. GL 27:7. PS 29:5. PL 40:5. RL 49:5. 2008, 322:7, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:8 - Conveyance by Authority.

478:8 Conveyance by Authority. –
When the property of any person living or the estate of any person deceased is conveyed by any officer or other person by authority of law or otherwise, the names of the persons whose estate is so conveyed, if they appear in the instrument, and of the persons by whom the conveyance is made shall be entered in the index of grantors.
Source.
GS 26:8. GL 27:8. PS 29:6. PL 40:6. RL 49:6. 2008, 322:7, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:9 - Estates Affected.

478:9 Estates Affected. –
The names of all persons whose estates appear to be affected by any deed or decree of partition entered on such record shall be entered in the indexes of grantors and grantees.
Source.
GS 26:9. GL 27:9. PS 29:7. PL 40:7. RL 49:7. 2008, 322:7, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:10 - Creditors; Mortgagees.

478:10 Creditors;  Mortgagees. –
The names of the creditors in any proceeding for foreclosure and the names of the original mortgagees, if they appear by the proceedings, shall be entered, as such, in the index of grantees; and the names of the debtor, defendant and original mortgagors, if they appear, shall be entered in the index of grantors.
Source.
GS 26:10. GL 27:10. PS 29:8. PL 40:8. RL 49:8. 2008, 322:7, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:11 - Parties Unknown.

478:11 Parties Unknown. –
If the name of the person whose property or estate is conveyed in either of the cases aforesaid does not appear, or if the name of the original mortgagor or mortgagee of property foreclosed does not appear, the grantors or mortgagors shall be referred to as unknown in the index of grantors under the letter U, and the original mortgagee in the same manner in the index of grantees.
Source.
GS 26:11. GL 27:11. PS 29:9. PL 40:9. RL 49:9. 2008, 322:7, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:12 - Repealed by 2008, 322:12, IV, eff. Aug. 31, 2008.

478:12 Repealed by 2008, 322:12, IV, eff. Aug. 31, 2008. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:13 - Office Hours.

478:13 Office Hours. –
Every register shall keep his or her office open daily except Sundays and state holidays. It may be closed on Saturday if not incompatible with public business; provided, however, that the register may keep his or her office open on Saturday mornings in the custody of a single custodian whenever he or she deems it necessary.
Source.
GL 23:15. PS 29:11. 1903, 92:1. PL 40:11. RL 49:11. 1947, 234:1. 1951, 91:1. RSA 478:13. 1981, 244:3. 2008, 322:8, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:13-a - Repealed by 2004, 103:2, eff. Jan. 1, 2005.

478:13-a Repealed by 2004, 103:2, eff. Jan. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:14 - Copies of Conveyances for Tax Purposes.

478:14 Copies of Conveyances for Tax Purposes. –
Every register shall, upon request, in an acceptable media, send copies of all deeds, mortgages, and other conveyances of real estate which have been recorded in the registry during the preceding 3 months to the selectmen of each town and to the assessors of each city in his county quarterly, each year, between January 1 and January 5, April 1 and April 5, July 1 and July 5, and October 1 and October 5. The register shall send, between April 1 and April 5, in an acceptable media, copies of all deeds, mortgages, and other conveyances of real estate which have been recorded in the registry during the preceding tax year to every town and city in the county which did not request the quarterly copies.
Source.
1935, 57:1. RL 49:12. 1949, 255:1. RSA 478:14. 1955, 80:1. 1979, 222:1. 1981, 244:4. 2008, 322:9, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:15 - Repealed by 1981, 244:7, eff. Aug. 10, 1981.

478:15 Repealed by 1981, 244:7, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:16 - Penalty for Neglect of Duty.

478:16 Penalty for Neglect of Duty. –
If the register shall neglect any duty imposed by this chapter, he shall forfeit $20 to be recovered by an action of debt in the name of the treasurer for the use of the county, and shall also be liable to an action on his bond.
Source.
RS 22:8. CS 23:8. GS 26:13. GL 27:13. PS 29:12. PL 40:12. RL 49:14.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:17-a - Repealed by 1973, 217:2, I, eff. Aug. 11, 1973.

478:17-a Repealed by 1973, 217:2, I, eff. Aug. 11, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:17-b - Repealed by 1973, 217:2, II, eff. Aug. 11, 1973.

478:17-b Repealed by 1973, 217:2, II, eff. Aug. 11, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:17-c - Repealed by 1973, 217:2, III, eff. Aug. 11, 1973.

478:17-c Repealed by 1973, 217:2, III, eff. Aug. 11, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:17-d - Repealed by 1973, 217:2, IV, eff. Aug. 11, 1973.

478:17-d Repealed by 1973, 217:2, IV, eff. Aug. 11, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:17-e - Repealed by 1973, 217:2, V, eff. Aug. 11, 1973.

478:17-e Repealed by 1973, 217:2, V, eff. Aug. 11, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:17-f - Repealed by 1983, 262:5, eff. Aug. 17, 1983.

478:17-f Repealed by 1983, 262:5, eff. Aug. 17, 1983. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:17-h - Repealed by 1983, 262:6, eff. Aug. 17, 1983.

478:17-h Repealed by 1983, 262:6, eff. Aug. 17, 1983. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:17-i - Distribution.

478:17-i Distribution. –
Each register of deeds shall pay over once a month to his county treasurer, for use of the county, all fees received by him as such register and all charges paid to him for services arising out of or because of his office, including but not limited to payments for duties under RSA 78-B:8.
Source.
1973, 415:2. 1981, 244:6. 1983, 262:7, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:17-j - Register of Deeds Equipment Account.

478:17-j Register of Deeds Equipment Account. –
I. The provisions of this section shall apply in a county only after they have been approved by a majority vote of both the county commissioners and the county convention.
II. (a) There is hereby established in the county treasury a register of deeds equipment account. If the county commissioners and the county convention vote to adopt the provisions of this section, the register of deeds shall impose a surcharge not to exceed $2, the exact amount of which shall be set by the register, for recording each document for which the register of deeds imposes a fee under RSA 478:17-g. The surcharge shall be on a per document, and not on a per page basis. After the surcharge is adopted, it shall take effect on the first day of January following the annual budget acceptance by the county convention. Each register of deeds shall provide reasonable public notice that a surcharge shall be imposed along with the exact amount of the surcharge, at least 60 days prior to the date on which the surcharge takes effect.
(b) Once each month, the register of deeds shall pay over to the county treasurer all surcharges paid to the register. All surcharges received by the county treasurer shall be deposited in the register of deeds equipment account.
(c) The register of deeds equipment account shall be a separate, nonlapsing account, and the moneys in the account shall not be available for use as general revenue of the county. All interest earned on the account shall be credited to the equipment account. The moneys in the account shall be appropriated only for the use of the office of the register of deeds, and any such appropriation shall require prior approval by a majority vote of both the county commissioners and the county convention. Moneys in the account may only be used for the purchase, rental, or repair of equipment.
III. The register of deeds shall not impose the surcharge, which shall not exceed $2 as provided in paragraph II, whenever the moneys in the equipment account exceed $500,000.
Source.
1993, 175:1, eff. Aug. 8, 1993.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:18 - Repealed by 1971, 514:18, XXII, eff. Jan. 1, 1973.

478:18 Repealed by 1971, 514:18, XXII, eff. Jan. 1, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:18-a - Repealed by 1981, 244:7, I, eff. Aug. 10, 1981.

478:18-a Repealed by 1981, 244:7, I, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:18-b - Repealed by 1981, 244:7, II, eff. Aug. 10, 1981.

478:18-b Repealed by 1981, 244:7, II, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:18-c - Repealed by 1973, 217:2, VI, eff. Aug. 11, 1973.

478:18-c Repealed by 1973, 217:2, VI, eff. Aug. 11, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:19 - Repealed by 1971, 514:18, XXIII, eff. Jan. 1, 1973.

478:19 Repealed by 1971, 514:18, XXIII, eff. Jan. 1, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:20 - Repealed by 1981, 244:7, III, eff. Aug. 10, 1981.

478:20 Repealed by 1981, 244:7, III, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:21 - Repealed by 1981, 244:7, IV, eff. Aug. 10, 1981.

478:21 Repealed by 1981, 244:7, IV, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:22 - Repealed by 1971, 514:18, XXIV, eff. Jan. 1, 1973.

478:22 Repealed by 1971, 514:18, XXIV, eff. Jan. 1, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:23 - Repealed by 1981, 244:7, V, eff. Aug. 10, 1981.

478:23 Repealed by 1981, 244:7, V, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:24 - Repealed by 1981, 244:7, VI, eff. Aug. 10, 1981.

478:24 Repealed by 1981, 244:7, VI, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:25 - Repealed by 1973, 217:2, VII, eff. Aug. 11, 1973.

478:25 Repealed by 1973, 217:2, VII, eff. Aug. 11, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:26 - Repealed by 1981, 244:7, VII, eff. Aug. 10, 1981.

478:26 Repealed by 1981, 244:7, VII, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:27 - Repealed by 1971, 514:18, XXV, eff. Jan. 1, 1973.

478:27 Repealed by 1971, 514:18, XXV, eff. Jan. 1, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:28 - Repealed by 1981, 244:7, VIII, eff. Aug. 10, 1981.

478:28 Repealed by 1981, 244:7, VIII, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:29 - Repealed by 1981, 244:7, IX, eff. Aug. 10, 1981.

478:29 Repealed by 1981, 244:7, IX, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:30 - Repealed by 1971, 514:18, XXVI, eff. Jan. 1, 1973.

478:30 Repealed by 1971, 514:18, XXVI, eff. Jan. 1, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:31 - Repealed by 1981, 244:7, X, eff. Aug. 10, 1981.

478:31 Repealed by 1981, 244:7, X, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:32 - Repealed by 1971, 514:18, XXVII, eff. Jan. 1, 1973.

478:32 Repealed by 1971, 514:18, XXVII, eff. Jan. 1, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:33 - Repealed by 1981, 244:7, XI, eff. Aug. 10, 1981.

478:33 Repealed by 1981, 244:7, XI, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:34 - Repealed by 1981, 244:7, XII, eff. Aug. 10, 1981.

478:34 Repealed by 1981, 244:7, XII, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:35 - Repealed by 1981, 244:7, XIII, eff. Aug. 10, 1981.

478:35 Repealed by 1981, 244:7, XIII, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:36 - Repealed by 1971, 514:18, XXVIII, eff. Jan. 1, 1973.

478:36 Repealed by 1971, 514:18, XXVIII, eff. Jan. 1, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:37 - Repealed by 1981, 244:7, XIV, eff. Aug. 10, 1981.

478:37 Repealed by 1981, 244:7, XIV, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:38 - Repealed by 1971, 514:18, XXIX, eff. Jan. 1, 1973.

478:38 Repealed by 1971, 514:18, XXIX, eff. Jan. 1, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:39 - Repealed by 1973, 217:2, VIII, eff. Aug. 11, 1973.

478:39 Repealed by 1973, 217:2, VIII, eff. Aug. 11, 1973. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:40 - Repealed by 1981, 244:7, XV, eff. Aug. 10, 1981.

478:40 Repealed by 1981, 244:7, XV, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:41 - Repealed by 1981, 244:7, XVI, eff. Aug. 10, 1981.

478:41 Repealed by 1981, 244:7, XVI, eff. Aug. 10, 1981. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478 - Registers of Deeds › Section 478:42 - Fraudulent Filings.

478:42 Fraudulent Filings. –
I. A person may not knowingly present for filing or cause to be presented for filing in a registry or other public office, any type of document that fraudulently purports to be a judgment or other document to memorialize or evidence an act, order, directive, or process of creating a lien without having been authorized under state law, the Constitution, or the laws of the United States.
II. For purposes of this section, a document or instrument that purports to create a lien on, assert a claim against, or assert an interest in, real or personal property, is presumed to be fraudulent if it:
(a) Is not certified or ordered by a court or a judicial entity expressly created or established under the Constitution or the laws of this state or of the United States; or
(b) Is not a document or instrument provided for by the Constitution or the laws of this state or the United States.
III. Nothing contained herein shall affect the validity of a mechanic's or statutory lien created pursuant to state or federal law.
IV. If a register of deeds or other public official believes in good faith that a document filed with the registry of deeds or other public office purports to create a lien that is fraudulent, the register or other public official shall index the document only under the signer of the document in the grantor index and shall identify the document as a notice in the document type. No other names appearing on the document shall be indexed.
(a) The register or other public official shall send a copy of such document to the county attorney for the county where the document was filed or to the New Hampshire attorney general's office for review and possible prosecution.
(b) The county attorney or attorney general receiving a copy of a document under subparagraph (a) shall send a notice of the action taken under this paragraph to the person presenting or causing such filing by regular mail at his or her last known address no later than the next business day after such action.
(c) Any such document or instrument on file with the registry of deeds or other public office presumed to be fraudulent or deemed fraudulent as described in this section shall be considered invalid, void, and having no force or effect on any named person or persons named within the document or instrument.
(d) Any register of deeds or other public official acting in good faith pursuant to this chapter shall be immune from civil and criminal liability.
V. Any person who knowingly files a document or instrument to fraudulently create a lien on real or personal property shall be guilty of a class B felony.
Source.
2014, 86:1, eff. June 11, 2014.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478-A - Uniform Real Property Electronic Recording Act › Section 478-A:1 - Short Title.

478-A:1 Short Title. –
This chapter may be cited as the Uniform Real Property Electronic Recording Act.
Source.
2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478-A - Uniform Real Property Electronic Recording Act › Section 478-A:2 - Definitions.

478-A:2 Definitions. –
In this chapter:
I. "Document" means information that is:
(a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(b) Eligible to be recorded in the land records maintained by the register of deeds.
II. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
III. "Electronic document" means a document that is received by the register of deeds in an electronic form.
IV. "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
V. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
VI. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Source.
2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478-A - Uniform Real Property Electronic Recording Act › Section 478-A:3 - Validity of Electronic Documents; Recordation of Electronic Documents in Tangible Form.

478-A:3 Validity of Electronic Documents;  Recordation of Electronic Documents in Tangible Form. –
I. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this section.
II. If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
III. A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
IV. A register of deeds shall accept for recording a tangible copy of an electronic document, other than a plat, map, survey, or plat of land as provided in RSA 478:1-a, containing a notarial certificate as satisfying any requirement that a document accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic document. A notarial certificate in the form provided in RSA 456-B:8, VI, satisfies the requirement of this paragraph.
Source.
2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478-A - Uniform Real Property Electronic Recording Act › Section 478-A:4 - Recording of Documents.

478-A:4 Recording of Documents. –
I. In this section, "paper document" means a document that is received by the register of deeds in a form that is not electronic.
II. A register of deeds:
(a) May receive, index, store, archive, and transmit electronic documents;
(b) May provide for access to, and for search and retrieval of, documents and information by electronic means;
(c) Shall, if accepting electronic documents for recording, continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(d) May convert paper documents accepted for recording into electronic form;
(e) May convert into electronic form information recorded before the register of deeds began to record electronic documents;
(f) May accept electronically any fee or tax that the register of deeds is authorized to collect; and
(g) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.
Source.
2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478-A - Uniform Real Property Electronic Recording Act › Section 478-A:5 - Uniformity of Application and Construction.

478-A:5 Uniformity of Application and Construction. –
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source.
2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 478-A - Uniform Real Property Electronic Recording Act › Section 478-A:6 - Relation to Electronic Signatures in Global and National Commerce Act.

478-A:6 Relation to Electronic Signatures in Global and National Commerce Act. –
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
Source.
2021, 206:2, Pt. II, Sec. 10, eff. Feb. 6, 2022.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:1 - Definition.

479:1 Definition. –
Every conveyance of lands made for the purpose of securing the payment of money or the performance of any other thing in the condition thereof stated is a mortgage within the meaning of this chapter.
Source.
RS 131:1. CS 137:1. GS 122:1. GL 136:1. PS 139:1. PL 215:1. RL 261:1.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:2 - Condition.

479:2 Condition. –
No conveyance in writing of lands shall be defeated nor any estate encumbered by an agreement unless it is inserted in the condition of the conveyance and made part thereof, stating the sum of money to be secured, or other thing to be performed.
Source.
RS 131:2. CS 137:2. GS 122:2. GL 136:2. PS 139:2. RL 215:2. RL 261:2.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:3 - Priority of Advances Under a Recorded Mortgage.

479:3 Priority of Advances Under a Recorded Mortgage. –
Subject to the provisions on priority in RSA 447:12-a, a recorded mortgage takes priority as of the date of its recording as to advances or obligations thereafter made or incurred that do not exceed the maximum amount stated in the mortgage.
Source.
RS 131:3. CS 137:3. GS 122:3. GL 136:3. PS 139:3. PL 215:3. RL 261:3. RSA 479:3. 1985, 82:1, eff. July 9, 1985.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:4 - Repealed by 1985, 82:2, eff. July 9, 1985.

479:4 Repealed by 1985, 82:2, eff. July 9, 1985. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:5 - Present Agreement.

479:5 Present Agreement. –
A mortgage or deed of trust which purports to be given in whole or in part as security for notes or bonds thereafter to be issued or other expectant future obligations and which states the nature of the obligations designed to be secured by it, the amount thereof presently to be issued, if any, and the limitations, if any, contained in the mortgage or deed of trust or in a contract referred to in the mortgage or deed of trust with respect to the total or maximum amount thereof ultimately to be issued shall become a lawful security for the same as, when and to the extent that they shall actually be issued or come into existence as valid obligations of the mortgagor.
Source.
1917, 120:1. 1925, 98:1. PL 215:4. RL 261:4. 1953, 20:1, eff. Feb. 26, 1953.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:6 - Performance.

479:6 Performance. –
Upon the performance of the acts stated in the condition of a mortgage and the payment of all damages and costs arising by reason of the nonperformance of such condition according to the terms thereof, or upon the legal tender of such performance and payment, the mortgage shall be void.
Source.
RS 131:4. CS 137:4. GS 122:4. GL 136:4. PS 139:4. PL 215:5. RL 261:5.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:7 - Discharge; Record.

479:7 Discharge;  Record. –
I. When a mortgage upon real estate is satisfied, the mortgagee shall give the mortgagor a discharge thereof. Said discharge shall be in the form of a written document and shall be signed by the mortgagee, his executor, administrator, successor, or assign whose signature shall be witnessed or acknowledged and shall be sufficient when substantially in the following form:
(Form for Mortgage Discharge)
For value received, __________ , holder of a mortgage from __________ to __________ , dated __________ and recorded in __________ County Registry of Deeds at Book __________ , Page __________ , hereby discharges the said mortgage.
(1) Witness my hand this __________ day of __________ , 20 __________ Witness:
_
_
or
(2) Subscribed, sworn to and acknowledged before me by __________ , the mortgagee, this __________ day of __________ , 20 __________ .
(Signed)
_____________________________________
(Notary Public/Justice of the Peace)
II. The mortgagee, within 60 days after said mortgage is satisfied and having reasonable charges tendered to the mortgagee, shall cause the discharge of the mortgage to be recorded in the registry of deeds where the land lies. The recording fees associated with the discharge of mortgage may be charged to the mortgagor, if the mortgagor received written disclosure that such fees would be so charged. The mortgagee shall provide written confirmation of the discharge within the 60-day period to the payor of the final payment in satisfaction of the mortgage.
Source.
1905, 37:1. PL 215:6. RL 261:6. RSA 479:7. 1975, 462:1. 1986, 48:1. 1989, 171:1. 1997, 84:1, eff. Jan. 1, 1998.