reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:29 - Election to Take Payment or Delivery.

471-C:29 Election to Take Payment or Delivery. –
I. The administrator may decline to receive any property reported under this chapter which the administrator considers to have a value less than the expense of giving notice and of sale. If the administrator elects not to receive custody of the property, the holder shall be notified within 120 days after filing the report required under RSA 471-C:19.
II. A holder, with the written consent of the administrator and upon conditions and terms prescribed by the administrator, may report and deliver property before the property is presumed abandoned. Property delivered under this paragraph must be held by the administrator and is not presumed abandoned until such time as it otherwise would be presumed abandoned under this chapter.
Source.
1986, 204:1. 1995, 84:12, eff. July 15, 1995.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:30 - Escheat Proceedings.

471-C:30 Escheat Proceedings. –
I. Within 36 months after the close of the state's fiscal year in which any property presumed abandoned under this chapter is paid or delivered to the administrator, if no claim for the property has been made and established by any person, not including another state, entitled to the property and notice pursuant to RSA 471-C:20 has occurred, the administrator shall pay or deliver all such property to the appropriate county treasurer as required under RSA 471-C:31, subject to the state deduction under paragraph II.
II. Before the administrator pays or delivers the property to the general fund or the appropriate county treasurer as required under paragraph I and RSA 471-C:31, the administrator shall retain 15 percent of the amount to be returned as a deduction for any costs and service charges which the state shall incur in escheat proceedings or with respect to reimbursements made pursuant to paragraph III. The administrator shall deposit this sum in the general fund.
III. Notwithstanding any other provision of this chapter, the provisions of this section shall not be applicable to any holder of a travelers check, bearer bond, or money order who has paid money to the administrator pursuant to this chapter and who subsequently makes payment to any other person appearing to the holder to be entitled to payment. Upon filing proof of payment that the payee was entitled thereto, the administrator shall promptly reimburse such holder for such payment without imposing any fee or other charge.
Source.
1986, 204:1. 1988, 256:3. 1990, 105:12. 1995, 84:13, 14; 295:15, 16. 1997, 208:15, 16. 1999, 212:5. 2008, 120:32, eff. Aug. 2, 2008.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:31 - Final Disposition.

471-C:31 Final Disposition. –
I. As used in this section, "appropriate county treasurer" means the treasurer of the county where the holder was located at the time the property under this chapter was delivered to the administrator under RSA 471-C:21.
II. Following completion of the proceedings specified in RSA 471-C:30, the administrator shall pay or deliver all property escheated under this chapter to the appropriate county treasurer who shall deposit such property in the county treasury; provided, however, that the administrator shall not pay or deliver the income earned from the working capital fund or any amounts received from out-of-state holders to the counties. The administrator shall reduce amounts paid to the counties under this section for subsequent claims asserted under RSA 471-C:31-a, if such amounts have previously escheated to the counties.
III. Property delivered from out-of-state holders shall escheat to the general fund.
Source.
1986, 204:1. 1989, 408:73. 1995, 84:1. 1999, 212:6, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:31-a - Subsequent Claims.

471-C:31-a Subsequent Claims. –
For periods after January 1, 1985, any owner who comes forward to make a claim for assets which have escheated to the state or counties may petition for payment of those assets. Upon receiving sufficient proof of the validity of such owner claim , the administrator shall pay such claim to the owner in accordance with the provisions of this chapter. For funds requested and approved, the governor is authorized to draw a warrant from any money in the treasury not otherwise appropriated.
Source.
1993, 310:1. 1995, 84:15, eff. July 15, 1995. 2023, 79:108, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:32 - Destruction or Disposition of Property Having Insubstantial Commercial Value; Immunity From Liability.

471-C:32 Destruction or Disposition of Property Having Insubstantial Commercial Value;  Immunity From Liability. –
If the administrator determines after investigation that any property delivered under this chapter has insubstantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any officer or against the holder for or on account of any action taken by the administrator pursuant to this section.
Source.
1986, 204:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:33 - Periods of Limitation.

471-C:33 Periods of Limitation. –
I. The expiration, before or after January 1, 1987, of any period of time specified by contract, statute, or court order, during which a claim for money or property can be made or during which an action or proceeding may be enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required by this chapter.
II. Notwithstanding any other provision of law, the expiration of any period of time specified by law, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, shall not serve as a defense in any action or proceeding brought by or on behalf of the administrator against any federal, state or local government or governmental subdivision, agency, entity, officer or appointee for the payment or delivery of any abandoned property to the administrator pursuant to this chapter or to enforce or collect any penalty provided by this chapter.
III. Paragraph II shall apply to all abandoned property held by any federal, state or local government or governmental subdivision, agency, entity, officer or appointee on or after April 13, 1990, regardless of when such property shall be deemed presumptively abandoned.
Source.
1986, 204:1. 1990, 105:14, eff. April 13, 1990.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:34 - Requests for Reports and Examination of Records.

471-C:34 Requests for Reports and Examination of Records. –
I. The administrator may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this chapter.
II. The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with the provisions of this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.
III. If a person is treated under RSA 471-C:12 as the holder of the property only insofar as the interest of the business association in the property is concerned, the administrator, pursuant to paragraph II, may examine the records of the person if the administrator has given the notice required by paragraph II to both the person and the business association at least 90 days before the examination.
IV. If an examination of the records of a person results in the disclosure of property reportable and deliverable under this chapter, the administrator may assess the cost of the examination against the holder at the current rate established in RSA 383:11 for each examiner, but in no case may the charges exceed the value of the property found to be reportable and deliverable. The cost of examination made pursuant to paragraph III may be imposed only against the business association.
V. If a holder fails after January 1, 1987 to maintain the records required by RSA 471-C:35 and the records of the holder available for the periods subject to this chapter are insufficient to permit the preparation of a report, the administrator may require the holder to report and pay such amounts as may reasonably be estimated from any available records.
Source.
1986, 204:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:35 - Retention of Records.

471-C:35 Retention of Records. –
I. Every holder required to file a report under RSA 471-C:19, as to any property for which it has obtained the last known address of the owner, shall maintain a record of the name and last known address of the owner for 10 years after the property becomes reportable, except to the extent that a shorter time is provided in paragraph II or by rule of the administrator.
II. Any business association that sells in this state its travelers checks, money orders, or other similar written instruments, other than third-party bank checks on which the business association is directly liable, or that provides such instruments to others for sale in this state, shall maintain a record of those instruments while they remain out-standing, indicating the state and date of issue for 3 years after the date the property is reportable.
Source.
1986, 204:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:36 - Enforcement.

471-C:36 Enforcement. –
The administrator may bring an action on behalf of the state in the superior court for Merrimack county or in any federal court with jurisdiction to enforce this chapter.
Source.
1986, 204:1. 1990, 105:15, eff. April 13, 1990.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:37 - Interstate Agreements and Cooperation; Joint and Reciprocal Actions With Other States.

471-C:37 Interstate Agreements and Cooperation;  Joint and Reciprocal Actions With Other States. –
I. The administrator may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that it or another state may be entitled to subject to a claim of custody. The administrator, by rules adopted pursuant to RSA 541-A, may require the reporting of information needed to enable compliance with agreements made pursuant to this section and may prescribe the form.
II. To avoid conflicts between the administrator's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the administrator, so far as is consistent with the purposes, policies, and provisions of this chapter, before adopting, amending, or repealing rules, shall advise and consult with administrators in other jurisdictions that enact substantially the Uniform Unclaimed Property Act and take into consideration the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act.
III. The administrator may join with other states to seek enforcement of this chapter against any person who is or may be holding property reportable under this chapter.
IV. At the request of another state, the attorney general of this state may bring an action in the name of the administrator of the other state in any court of competent jurisdiction to enforce the unclaimed property laws of the other state against a holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the attorney general in bringing the action.
V. The administrator may request that the attorney general of another state or any other person bring an action in the name of the administrator in the other state. This state shall pay all expenses including attorney's fees in any action under this paragraph. The administrator may agree to pay the person bringing the action attorney's fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses paid pursuant to this paragraph may not be deducted from the amount that is subject to the claim by the owner under this chapter.
Source.
1986, 204:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:38 - Interest and Penalties.

471-C:38 Interest and Penalties. –
I. A person who fails to pay or deliver property within the time prescribed by this chapter may be assessed interest by the administrator at the annual rate of 18 percent on the property or value thereof from the date the property should have been paid or delivered, or $25, whichever is greater.
II. A person who willfully fails to render any report or perform other duties required under this chapter may be assessed a civil penalty of $100 for each day the report is withheld or the duty is not performed, but not more than $5,000.
III. A person who willfully fails to pay or deliver property to the administrator as required under this chapter shall pay a civil penalty equal to 25 percent of the value of the property that should have been paid or delivered.
IV. A person who willfully refuses after written demand by the administrator to pay or deliver property to the administrator as required under this chapter is guilty of a misdemeanor.
Source.
1986, 204:1. 1995, 295:2. 1999, 212:7, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:39 - Agreement to Locate, Deliver, or Recover Reported Property.

471-C:39 Agreement to Locate, Deliver, or Recover Reported Property. –
I. All agreements to pay compensation to locate, deliver, recover, or assist in the recovery of property reported under RSA 471-C:19, made within 24 months after the date payment or delivery is made under RSA 471-C:21, are unenforceable.
II. An agreement to pay compensation to recover or assist in the recovery of unclaimed property shall be valid only if the agreement is in writing and signed by the apparent owner, sets forth the nature and value of the property and the value of the apparent owner's share after the fee or compensation has been deducted, and contains the following disclosure: "Each state maintains an office of abandoned property. Generally, if for a number of years an owner of property has not communicated in writing directly with the holder of the property and has not otherwise indicated an interest in the property, the property may be transferred to the office of abandoned property which will act as custodian of the property for the owner."
III. Nothing in this section shall be construed to prevent an owner from asserting at any time that an agreement to locate property is based upon an excessive or unjust consideration.
Source.
1986, 204:1. 1995, 230:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:40 - Foreign Transactions.

471-C:40 Foreign Transactions. –
This chapter does not apply to any property held, due and owing in a foreign country, and arising out of foreign transactions.
Source.
1986, 204:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:41 - Effect of New Provisions.

471-C:41 Effect of New Provisions. –
I. This chapter does not relieve a holder of a duty that arose before January 1, 1987, to report, pay, or deliver property. A holder who did not comply with the law in effect before January 1, 1987, shall be subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this paragraph, subject to RSA 471-C:33, II.
II. The initial report filed under this chapter for property that was not required to be reported before January 1, 1987, shall include all items of property that would have been presumed abandoned during the 10-year period preceding January 1, 1987, as if this chapter had been in effect during that period.
Source.
1986, 204:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:42 - Rulemaking.

471-C:42 Rulemaking. –
The administrator may adopt rules, pursuant to RSA 541-A, necessary to carry out the provisions of this chapter.
Source.
1986, 204:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-C - Custody and Escheat of Unclaimed and Abandoned Property › Section 471-C:43 - Severability.

471-C:43 Severability. –
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source.
1986, 204:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-D - Disposal of Unclaimed Property by Repair Businesses › Section 471-D:1 - Definition.

471-D:1 Definition. –
In this chapter "owner" means a person having a legal or equitable interest in property subject to this chapter or his legal representative.
Source.
1988, 256:4, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-D - Disposal of Unclaimed Property by Repair Businesses › Section 471-D:2 - Disposal by Repair Businesses of Certain Unclaimed Property.

471-D:2 Disposal by Repair Businesses of Certain Unclaimed Property. –
I. Notwithstanding RSA 471-C, a person who repairs, alters, treats, or improves personal property in the ordinary course of his business pursuant to an express or implied contract with an owner of the personal property may, upon compliance with the notice requirement under paragraph II, dispose of any personal property of a value of $500 or less, other than a motor vehicle, that has not been claimed by the owner for a period of 60 days or more after his receipt of written notice that the property is ready to be claimed.
II. The repair business shall, at the time the property is surrendered, have a written notice of dimensions of not less than 81/2 by 11 inches prominently displayed in a conspicuous place in the office or shop where the property was surrendered containing the following message: "Not responsible for goods left on hand for more than 60 days". When the property has been repaired or otherwise processed, the repair business shall notify the owner of the property, by certified mail with return receipt requested, that the property is ready to be claimed.
Source.
1988, 256:4, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title XLVI - Lost Property; Strays › Chapter 471-D - Disposal of Unclaimed Property by Repair Businesses › Section 471-D:3 - Exemption From Liability.

471-D:3 Exemption From Liability. –
Any person who disposes of property in accordance with this chapter shall not be liable for damages to the owner of such disposed property.
Source.
1988, 256:4, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 472 - Boundary Lines › Section 472:1 - Disputed Boundary.

472:1 Disputed Boundary. –
Whenever the boundary line between the land or estates of adjoining owners is in dispute, and the location of the same as described in the deeds of said owners or of their predecessors in title cannot be determined by the monuments and boundaries named in any of said deeds, the parties may establish said line by agreement in the following manner, and not otherwise.
Source.
1903, 48:1. PL 219:27. RL 269:27.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 472 - Boundary Lines › Section 472:2 - Who Deemed Owner.

472:2 Who Deemed Owner. –
The actual occupant shall, for the purposes of this chapter, be deemed the owner thereof.
Source.
RS 136:18. CS 142:18. GS 128:19. GL 142:19. PS 143:16. PL 219:16. RL 269:16.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 472 - Boundary Lines › Section 472:3 - Survey; Monuments.

472:3 Survey;  Monuments. –
The line agreed upon shall be surveyed and established by courses and distances, and suitable and permanent monuments shall be placed at each end and at each angle of the boundary so agreed upon.
Source.
1903, 48:1. PL 219:28. RL 269:28.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 472 - Boundary Lines › Section 472:4 - Agreement in Writing.

472:4 Agreement in Writing. –
A writing, reciting that the parties signing the same are adjoining owners, that the division line between their lands is in dispute, that the line described in their respective deeds or in the deeds of any of their predecessors in title cannot be located on the ground by reason of the loss or obliteration of the monuments and boundaries therein named and described, and containing a full and complete description of the line thus agreed upon and established, and the volume and page where their said respective deeds are recorded, or if title was not acquired by deed, a statement identifying each owner's other source of title, shall be signed and acknowledged by the parties to the agreement before any officer having authority to take the acknowledgment of deeds, and recorded with the registry of deeds for the county where the lands are located, and, when the volume and page of an owner's deed is set forth in said agreement, the register of deeds shall note the recording of said agreement on the margin where the said respective deeds of the parties to said agreement are recorded. In those registries recording on microfilm, in lieu of noting the recording of said agreement on the margin where the respective deeds of the parties to said agreement are recorded, the register of deeds shall list all parties to the agreement in both the grantor and grantee indices.
Source.
1903, 48:2. PL 219:29. RL 269:29. RSA 472:4. 1963, 173:1. 1977, 283:1. 1988, 85:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 472 - Boundary Lines › Section 472:5 - Permanent Magnetic Stations and True Meridian Lines Established.

472:5 Permanent Magnetic Stations and True Meridian Lines Established. –
For the purpose of providing accuracy in land surveys, the commissioner of transportation shall be charged with the responsibility of cooperating with any agencies of the federal government engaged in studies of the earth's magnetism to the end of establishing true meridian lines at one or more suitable places in each county, and shall maintain in his office a list of all magnetic stations and true meridian lines established by such agencies in New Hampshire and shall furnish a copy of such list upon request.
Source.
1951, 158:1. 2004, 257:33, eff. June 15, 2004.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 472 - Boundary Lines › Section 472:6 - Removing or Altering Boundary Markers.

472:6 Removing or Altering Boundary Markers. –
I. Any person who purposely commits or causes to be committed any of the following acts with regard to a boundary marker knowing it to be a boundary marker shall be guilty of a misdemeanor: defacement, alteration of location, or removal of a stone wall or monument, or a mark on a tree, made for the purpose of designating a point, course or line in the boundary of a tract of land or in the dividing line between towns.
II. The provisions of paragraph I shall not apply when a boundary marker is moved pursuant to:
(a) Mutual agreement between all landowners whose property lines are affected by the moving of the boundary, or
(b) Authorization by government officials in order to more accurately place the boundary, or
(c) A finally adjudicated court order or decree, or
(d) A law that requires or allows the movement or alteration.
Source.
1983, 21:2, eff. June 11, 1983.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:1 - Duty.

473:1 Duty. –
The owners of adjoining lands under improvement shall build and repair the partition fence between them in equal shares.
Source.
RS 136:1. CS 142:1. GS 128:1. GL 142:1. PS 143:1. PL 219:1. RL 269:1.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:2 - Division by Agreement.

473:2 Division by Agreement. –
Any division of such fence, made by the parties in writing and recorded in the town records, shall be binding upon the parties and all succeeding owners and occupants of the land.
Source.
RS 136:2. CS 142:2. GS 128:2. GL 142:2. PS 143:2. PL 219:2. RL 269:2.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:3 - Proof of Division.

473:3 Proof of Division. –
Such division may be established by usage and acquiescence of the parties, and those under whom they claim, for 20 years.
Source.
1862, 2614. GS 128:3. GL 142:3. PS 143:3. PL 219:3. RL 269:3.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:4 - Division by Fence-Viewers.

473:4 Division by Fence-Viewers. –
If the parties do not agree upon a division, or a division has not been established by usage and acquiescence, the fence-viewers, upon application, shall make division, which, being recorded in the town records, shall be of the same force as a division made by the parties; and a copy of such record shall be evidence.
Source.
RS 136:3. CS 142:3. GS 128:4. GL 142:4. PS 143:4. PL 219:4. RL 269:4.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:5 - Legal Fences.

473:5 Legal Fences. –
All fences of such height as to be reasonably adequate for their purpose and in good repair, consisting of rails, timber, boards or stone wall, barbed, electrified or woven wire, and all brooks, rivers, ponds, creeks, ditches, hedges and other things deemed by the fence-viewers to be equivalent thereto, shall be accounted legal and sufficient fences.
Source.
RS 136:4. CS 142:4. GS 128:5. GL 142:5. PS 143:5. PL 219:5. RL 269:5. RSA 473:5. 1967, 78:1, eff. June 26, 1967.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:6 - Proceedings for Insufficiency.

473:6 Proceedings for Insufficiency. –
The fence-viewers, upon application of either party, shall view any fence alleged to be insufficient, and, if they judge it to be so, shall give notice to the delinquent party to build or repair the same within a time by them limited.
Source.
RS 136:5. CS 142:5. GS 128:6. GL 142:6. PS 143:6. PL 219:6. RL 269:6.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:7 - Waters, When Not Sufficient Fence.

473:7 Waters, When Not Sufficient Fence. –
The fence-viewers, upon application of either party, shall view any brook, river, pond, creek or ditch alleged not to be equivalent to a legal and sufficient fence, and, if they judge it to be not so equivalent, shall make a division of the fence, and, if it is impracticable to build it on the boundary line without unreasonable cost, shall determine where it shall be located, and shall give notice to the parties to build it according to such division and location within a time by them limited.
Source.
1881, 35:1. PS 143:8. PL 219:7. RL 269:7.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:8 - Default in Building or Repair.

473:8 Default in Building or Repair. –
If either party, notified as provided in RSA 473:6 or 473:7, shall not build or repair his part of such fence within the time limited, the other party may build it.
Source.
1881, 35:1. PS 143:9. PL 219:8. RL 269:8.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:9 - Appraisal of Fence Constructed or Repaired.

473:9 Appraisal of Fence Constructed or Repaired. –
The fence-viewers, upon application, shall view any fence built or repaired as provided in RSA 473:8, and if they judge the same and the residue of the fence between the same owners upon the same tract of land to be sufficient, they shall appraise the fence so built or the repairs so made.
Source.
RS 136:7. CS 142:7. GS 128:8. GL 142:8. PS 143:10. PL 219:9. RL 269:9.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:10 - Recovery.

473:10 Recovery. –
The person so building or repairing may demand and recover double the appraised value thereof of the delinquent party, with costs of suit, in an action of assumpsit.
Source.
RS 136:8. CS 142:8. GS 128:9. GL 142:9. PS 143:11. PL 219:10. RL 269:10.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:11 - Improving Wild Land.

473:11 Improving Wild Land. –
The owner of improved land adjoining unimproved land of another, having erected a division fence, may demand and recover of the owner of such adjoining land, whenever he begins to improve the same, the value of such part of the fence as upon a division then or previously made it was his duty to build.
Source.
RS 136:9. CS 142:9. GS 128:10. GL 142:10. PS 143:12. PL 219:11. RL 269:11.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:12 - New Division.

473:12 New Division. –
If after a division of fence made or established between adjoining owners a new division for any cause shall become necessary, then either party who has maintained any part of the fence under the former division may demand and recover of the owner of the adjoining land at the time of such new division the value of such part of the fence as may be assigned to him on the new division.
Source.
RS 136:9. CS 142:9. GS 128:10. GL 142:10. PS 143:12. PL 219:12. RL 269:12.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:13 - Appraisal in Default of Agreement.

473:13 Appraisal in Default of Agreement. –
In such case, if the parties do not agree, the fence-viewers, on application, shall appraise such part, and the party may recover the value appraised or agreed in an action of assumpsit for so much fence sold, if the same is not paid in 30 days after demand.
Source.
RS 136:10. CS 142:10. GS 128:11. GL 142:11. PS 143:13. PL 219:13. RL 269:13.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:14 - Laying Land in Common.

473:14 Laying Land in Common. –
If the owner of land ceases to improve it, or lays it in common, and gives notice thereof in writing to the adjoining owner, if known, or files such notice with the town clerk if the adjoining owner is unknown, he shall not be bound to repair his part of the division fence, after giving or filing such notice, so long as the land remains unimproved or in common; but he shall not remove his part of the partition fence in existence when the notice is given or filed.
Source.
RS 136:11. CS 142:11. GS 128:12. GL 142:12. PS 143:14. PL 219:14. RL 269:14.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:15 - Liability for Damages.

473:15 Liability for Damages. –
The party neglecting to build or keep in repair any partition fence which he is bound to maintain is liable for damages arising from such neglect, and shall have no remedy for damages happening to himself therefrom.
Source.
RS 136:12. CS 142:12. GS 128:13. GL 142:13. PS 143:15. PL 219:15. RL 269:15.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:16 - Who Deemed Owner.

473:16 Who Deemed Owner. –
The actual occupant of land shall be deemed the owner thereof for any of the purposes of this chapter.
Source.
RS 136:18. CS 142:18. GS 128:19. GL 142:19. PS 143:16. PL 219:16. RL 269:16.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:17 - Application.

473:17 Application. –
Every application to the fence-viewers shall be in writing, and one application may embrace so many subjects as from the nature of the case may be acted upon at one meeting.
Source.
RS 136:15. CS 142:15. GS 128:16. GL 142:16. PS 143:17. PL 219:17. RL 269:17.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:18 - Notice; Hearing.

473:18 Notice;  Hearing. –
The fence-viewers shall give notice in writing to the other party interested therein of every application, and of the time and place for considering the same; shall hear the parties, if they attend, and their evidence; and shall make their decision in writing and cause a copy thereof to be given to each of the parties within one week.
Source.
RS 136:13. CS 142:13. GS 128:14. GL 142:14. PS 143:18. PL 219:18. RL 269:18.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:19 - Decision Conclusive.

473:19 Decision Conclusive. –
The decision of the fence-viewers, upon their being sworn that they have acted impartially, uprightly and to the best of their judgment, shall be final and conclusive upon the parties.
Source.
RS 136:16. CS 142:16. GS 128:17. GL 142:17. PS 143:19. PL 219:19. RL 269:19.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:20 - Jurisdiction.

473:20 Jurisdiction. –
If the fence in controversy is situate on the line of 2 towns, the application shall be made to the fence-viewers of the town in which the parties reside; if they reside in different towns, it shall be made to the fence-viewers of that town in which the applicant does not reside.
Source.
RS 136:17. CS 142:17. GS 128:18. GL 142:18. PS 143:20. PL 219:20. RL 269:20.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:21 - Penalty.

473:21 Penalty. –
Any fence-viewer neglecting without sufficient cause to attend and perform any official duty shall be guilty of a violation.
Source.
RS 136:19. CS 142:19. GS 128:20. GL 142:20. PS 143:21. PL 219:21. RL 269:21. RSA 473:21. 1973, 531:133, eff. Oct. 31, 1973.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 473 - Division Fences and Their Maintenance › Section 473:22 - Compensation; Costs.

473:22 Compensation;  Costs. –
The fence-viewers shall be paid $2 a day each for services by the party making the application, who may recover
1/2 thereof from the other party, unless the fence-viewers otherwise apportion the costs, but, in case of neglect by such other party to make or repair the part of the fence which he is bound to maintain, the whole costs may be recovered from him.
Source.
RS 136:14. CS 142:14. 1858, 2106:1. GS 128:15. 1873, 1:1. GL 142:15. PS 143:22. PL 219:22. RL 269:22.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 474 - Fencing and Renewing Bounds of Common Fields › Section 474:1 - "Owner" Defined.

474:1 "Owner" Defined. –
The actual occupant of land shall be deemed the owner thereof for any purposes of this chapter.
Source.
RS 136:18. CS 142:18. GS 128:19. GL 142:19. PS 142:16. PL 219:16. RL 269:16.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 474 - Fencing and Renewing Bounds of Common Fields › Section 474:2 - Meeting of Owners.

474:2 Meeting of Owners. –
When several owners of land agree to improve the same in one common field, any justice, on application of 2 or more owners, may call a meeting of such owners, and the majority of them, when met, may determine in what manner the common field shall be fenced.
Source.
RS 136:20. CS 142:20. GS 128:21. GL 142:21. PS 143:23. PL 219:23. RL 269:23.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 474 - Fencing and Renewing Bounds of Common Fields › Section 474:3 - Assignment of Share.

474:3 Assignment of Share. –
The owners may assign to each owner the share of fence to be erected and maintained by him, and, such assignment being recorded in the town records, he and all succeeding occupants of his land shall be liable in relation thereto as if the same were a partition fence between his own land and that of an adjoining owner.
Source.
RS 136:21. CS 142:21. GS 128:22. GL 142:22. PS 143:24. PL 219:24. RL 269:24.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 474 - Fencing and Renewing Bounds of Common Fields › Section 474:4 - Taxation.

474:4 Taxation. –
Such owners may adopt bylaws for building and maintaining their common fence by a tax, and their officers, chosen in conformity to such bylaws, may assess and collect such taxes.
Source.
RS 136:22. CS 142:22. GS 128:23. GL 142:23. PS 143:25. PL 219:25. RL 269:25.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 474 - Fencing and Renewing Bounds of Common Fields › Section 474:5 - Renewing Bounds.

474:5 Renewing Bounds. –
Owners of adjoining improved lands where there is no partition fence shall, once in every 5 years, run the lines and renew the bounds between them, and any such owner neglecting without sufficient excuse to attend and renew the bounds, upon 6 days' previous notice given by any other such owner, shall forfeit $5 to the owner giving the notice.
Source.
RS 136:23. CS 142:23. GS 128:24. GL 142:24. PS 143:26. PL 219:26. RL 269:26.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 475 - Fencing Waterways › Section 475:1 - "Owner" Defined.

475:1 "Owner" Defined. –
The actual occupant of land shall be deemed the owner thereof for any purposes of this chapter.
Source.
RS 136:18. CS 142:18. GS 128:19. GL 142:19. PS 142:16. PL 219:16. RL 269:16.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 475 - Fencing Waterways › Section 475:2 - Notice.

475:2 Notice. –
The mayor and aldermen of any city or the selectmen of any town may require the owner or user of any canal or waterway within such city or town deemed by them to be dangerous to travelers upon any highway, or to children of tender age, to fence the same.
Source.
1887, 73:1. PS 143:27. PL 219:30. RL 269:30.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 475 - Fencing Waterways › Section 475:3 - Neglect.

475:3 Neglect. –
If the owner or user does not fence the same within 60 days after receiving notice in writing of such requirement, the mayor and aldermen or selectmen shall cause the same to be fenced, and may collect the expense of so doing from the owner or user in an action of assumpsit.
Source.
1887, 73:1. PS 143:27. PL 219:31. RL 269:31.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 476 - Spite Fences › Section 476:1 - Fence as Private Nuisance.

476:1 Fence as Private Nuisance. –
Any fence or other structure in the nature of a fence, unnecessarily exceeding 5 feet in height, erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.
Source.
1887, 91:1. PS 143:28. PL 219:32. RL 269:32.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 476 - Spite Fences › Section 476:2 - Remedy.

476:2 Remedy. –
Any owner or occupant injured either in his comfort or the enjoyment of his estate by such nuisance may have an action on the case for the damage sustained thereby.
Source.
1887, 91:2. PS 143:29. PL 219:33. RL 269:33.
2023 New Hampshire Revised Statutes › Title XLVII - Boundaries, Fences and Common Fields › Chapter 476 - Spite Fences › Section 476:3 - Penalty.

476:3 Penalty. –
If the plaintiff recovers judgment in the action, the defendant shall cause the removal of the nuisance within 30 days from the date of the judgment, and for each day he shall permit the nuisance to remain after the expiration of said 30 days, he shall incur a penalty of $10 for the use of the party injured.
Source.
1887, 91:3. PS 143:30. PL 219:34. RL 269:34.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:1 - By Deed.

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.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:2 - By Corporation.

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.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:3 - Execution.

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.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:3-a - Recording.

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.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:4 - Acknowledgments.

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.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:4-a - Notification Required; Radon, Arsenic, and Lead.

477:4-a Notification Required;  Radon, Arsenic, and Lead. –
I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller, or seller's agent, shall provide the following notification to the buyer. The buyer shall acknowledge receipt of this notification by signing a copy of such notification:
"Radon: Radon, the product of decay of radioactive materials in rock, may be found in some areas of New Hampshire. Radon gas may pass into a structure through the ground or through water from a deep well. Testing of the air by a professional certified in radon testing and testing of the water by an accredited laboratory can establish radon's presence and equipment is available to remove it from the air or water."
"Arsenic: Arsenic is a common groundwater contaminant in New Hampshire that occurs at unhealthy levels in well water in many areas of the state. Tests are available to determine whether arsenic is present at unsafe levels, and equipment is available to remove it from water. The buyer is encouraged to consult the New Hampshire department of environmental services private well testing recommendations (www.des.nh.gov) to ensure a safe water supply if the subject property is served by a private well."
"Lead: Before 1978, paint containing lead may have been used in structures. Exposure to lead from the presence of flaking, chalking, chipping lead paint or lead paint dust from friction surfaces, or from the disturbance of intact surfaces containing lead paint through unsafe renovation, repair or painting practices, or from soils in close proximity to the building, can present a serious health hazard, especially to young children and pregnant women. Lead may also be present in drinking water as a result of lead in service lines, plumbing and fixtures. Tests are available to determine whether lead is present in paint or drinking water."
II. Nothing in this section shall be construed to have any impact on the legal validity of title transferred pursuant to a purchase and sale contract in paragraph I, or to create or place any liability with the seller or seller's agent for failure to provide the notification described in paragraph I.
Source.
1990, 276:1, eff. Jan. 1, 1991. 2015, 171:1, eff. Jan. 1, 2016. 2018, 4:17, eff. Apr. 9, 2018.