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 477:4-b - Notification Required; Subsurface Disposal Systems.

477:4-b Notification Required;  Subsurface Disposal Systems. –
Any person seeking to obtain approval for a subsurface sewage disposal system shall meet the requirements set forth in RSA 485-A:29 and 30.
Source.
1991, 379:1, eff. Aug. 31, 1991.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:4-c - Disclosure Required; Water Supply; Sewage Disposal.

477:4-c Disclosure Required;  Water Supply;  Sewage Disposal. –
I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller shall disclose the following information to the buyer. The buyer shall acknowledge receipt of this disclosure by signing a copy of such disclosure:
(a) Information relative to the type of private water supply system, its location, malfunctions, date of installation, date of the most recent water test and whether or not the seller has experienced a problem such as an unsatisfactory water test or a water test with notations.
(b) Information relative to the sewage disposal system including the size of the tank, type of system, its location, malfunctions, the age of the system, the date it was most recently serviced, and the name of the contractor who services the system.
II. If the information required under this section is unknown by the seller that fact shall be stated in writing.
Source.
1992, 278:1. 1994, 105:1, eff. July 10, 1994.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:4-d - Notification Required.

477:4-d Notification Required. –
I. Prior to or during the preparation of an offer for the purchase and sale of any interest in real property to be used or proposed to be used for a one to 4 family dwelling, the seller shall disclose, in writing, the following information to the buyer. The buyer shall acknowledge receipt of the disclosure by signing a copy of the disclosure:
(a) Information relative to the type of private water supply system, its location, malfunctions, date of installation, date of most recent water test and whether or not the seller has experienced a problem such as an unsatisfactory water test or a water test with notations.
(b) Information relative to the private sewage disposal system including its location, malfunctions, the date it was most recently serviced and the name of the contractor who services the system.
(c) Information relative to the insulation, including type and location.
II. The fact that the information requiring disclosure regarding the private water supply system, private sewage disposal system, and insulation is not available shall also be conveyed, in writing, when such is the case.
Source.
1994, 105:2, eff. July 10, 1994.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:4-e - History of Property.

477:4-e History of Property. –
I. (a) The owner of real property, or any agent of such owner, shall not be required to disclose information to a buyer regarding that such real property was a site of a homicide, other felony, or a suicide, unless the buyer requests such information of the owner or agent and the owner or agent has knowledge that the property was the site of a homicide, other felony, or suicide.
(b) No cause of action shall arise against an owner of real property or any agent of such owner if such owner or agent discloses information at the request of the buyer pursuant to subparagraph (a).
II. Notwithstanding paragraph I, the seller and buyer of real property shall be free to negotiate contractual rights of disclosure concerning the matter in RSA 477:4-e, I.
Source.
1994, 365:1, eff. Aug. 8, 1994.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:4-f - Notification Required Prior to Condominium Sale.

477:4-f Notification Required Prior to Condominium Sale. –
Prior to or during the preparation of an offer for the purchase and sale of any condominium unit, the seller shall provide written notice to the buyer that the buyer has the right to obtain the information in RSA 356-B:58, I from the condominium unit owners' association. Such information shall include a copy of the condominium declaration, by-laws, any formal rules of the association, a statement of the amount of monthly and annual fees, and any special assessments made within the last 3 years. The buyer shall acknowledge receipt of the notice required under this section by signing a copy thereof.
Source.
2004, 73:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:4-g - Notification Prior to Sale, Transfer, Lease, or Rental of Real Property on Which Methamphetamine Has Been Produced.

477:4-g Notification Prior to Sale, Transfer, Lease, or Rental of Real Property on Which Methamphetamine Has Been Produced. –
I. In any purchase and sale agreement, lease agreement, or rental agreement before signing an agreement to sell, transfer, lease, or rent real property for the time period after any conduct prohibited under RSA 318-D has occurred on such property and prior to the determination by the department of environmental services, pursuant to paragraph II, that the property meets remediation cleanup standards:
(a) The seller, transferor, lessor, or owner shall disclose in writing to the buyer, transferee, lessee, or occupant if, to the seller's, transferor's, lessor's or owner's knowledge, methamphetamine production has occurred on the property.
(b) If methamphetamine production has occurred on the property, the disclosure shall include a statement to the buyer, transferee, lessee, or occupant informing the buyer, transferee, lessee, or occupant.
II. The department of environmental services or any licensed environmental or hazardous substances removal specialist shall be responsible for determining that any property on which methamphetamine production has occurred, meets remediation cleanup standards established pursuant to rules adopted by the department under RSA 541-A. Prior to the establishment of rules, the determination shall be based on the best scientific methods available. The determination that the property meets remediation cleanup standards shall be public information available upon request from the department.
Source.
2006, 241:4, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:4-h - Notification Required Prior to Sale, Transfer, Lease, or Rental of Real Property Subject to a Public Utility Tariff Pursuant to RSA 374:61 for the Financing or Amortization of Energy Efficiency or Renewable Energy Improvements.

477:4-h Notification Required Prior to Sale, Transfer, Lease, or Rental of Real Property Subject to a Public Utility Tariff Pursuant to RSA 374:61 for the Financing or Amortization of Energy Efficiency or Renewable Energy Improvements. –
I. Prior to or during the preparation of an offer for the purchase and sale of any interest in real property and in conjunction with an offer to lease or rent real property and before signing an agreement to sell, transfer, lease, or rent real property the seller, transferor, lessor, or owner shall disclose in writing to the buyer, transferee, lessee, or occupant if, to the seller's, transferor's, lessor's or owner's knowledge, any metered public utility services at the premises that the buyer, transferee, lessee, or occupant may be responsible for paying as a condition of such utility service is provided under a tariff with unamortized or ongoing charges for energy efficiency or renewable energy improvements pursuant to RSA 374:61. Such disclosure should include, if known, the remaining term and amount of such charges and any estimates or documentation of gross or net energy or fuel savings resulting from such financed or amortized improvements and investments. The buyer shall acknowledge receipt of the disclosure by signing a copy of the disclosure.
II. In the case of a sale or transfer of real property, the fact that information regarding such required disclosure is not available shall also be conveyed, in writing, when such is the case.
Source.
2010, 229:2, eff. Aug. 27, 2010.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:5 - Certificate of Acknowledgment.

477:5 Certificate of Acknowledgment. –
A certificate of an acknowledgment taken outside the United States before any authorized officer shall be valid if in the form required by law for an acknowledgment taken within the state.
Source.
1917, 53:3. PL 213:5. RL 259:5.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:6 - Fee for Certificate.

477:6 Fee for Certificate. –
The fee for taking and certifying the acknowledgment of a deed or other instrument by one or more persons at one time shall be $.17.
Source.
RS 229:1. CS 245:1. GS 272:1. GL 290:1. PL 287:3. PL 213:6. RL 259:6.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:7 - Validity.

477:7 Validity. –
No deed of bargain and sale, mortgage nor other conveyance of real estate, nor any lease for more than 7 years from the making thereof, shall be valid to hold the same against any person but the grantor and his heirs only, unless such deed or lease be acknowledged and recorded, according to the provisions of this chapter. All deeds which have been acknowledged and recorded according to the provisions of this chapter since August 15, 1981, but which were not attested to, shall be considered valid under this section.
Source.
RS 130:4. CS 136:4. GS 121:4. GL 135:4. PS 137:4. PL 213:7. RL 259:7. RSA 477:7. 1988, 85:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:7-a - Notice of Lease.

477:7-a Notice of Lease. –
I. Notwithstanding the provisions of RSA 477:7, a notice of lease consisting of an instrument in writing executed and acknowledged by all persons who are parties to the lease, and containing the following information with reference to such lease shall be sufficient compliance with the provisions of this chapter:
(a) The names and addresses of each party to the lease;
(b) The date of execution of the lease;
(c) A description of the demised premises as it appears in the lease;
(d) The term of such lease; and
(e) The date of commencement of such term and all rights of extension or renewal.
II. All notices of lease which have been acknowledged and recorded according to the provisions of this section since August 15, 1981, but which were not witnessed, shall be considered valid under this section.
Source.
1971, 76:2. 1977, 366:4. 1999, 77:1, eff. July 27, 1999.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:7-b - Execution and Delivery of Lease Required.

477:7-b Execution and Delivery of Lease Required. –
I. Within 30 days after the execution by all parties of a written lease, the lessor shall deliver a copy of the lease to the lessee.
II. Any person who fails to comply with this section shall be guilty of a violation.
Source.
1975, 306:1, eff. Aug. 6, 1975.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:8 - Additional Record.

477:8 Additional Record. –
A person interested in a deed or lease recorded in one county may cause the same, with the certificate of record, to be recorded in the registry of any other county, and an attested copy of such record shall be of the same validity as a copy from the original registry.
Source.
RS 130:5. CS 136:5. GS 121:5. GL 135:5. PS 137:5. PL 213:8. RL 259:8.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:9 - Power of Attorney.

477:9 Power of Attorney. –
Every power of attorney to convey real estate must be signed and acknowledged, and may be recorded as required for a deed, and a copy of the record may be used in evidence whenever a copy of the deed so made is admissible.
Source.
RS 130:6. CS 136:6. GS 121:6. GL 135:6. PS 137:6. PL 213:9. RL 259:9. RSA 477:9. 1977, 366:5. 1985, 214:2, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:10 - Unacknowledged Deed.

477:10 Unacknowledged Deed. –
A deed not acknowledged by the grantor, but in other respects duly executed, may be recorded, and for 60 days thereafter it shall be as effectual as if duly acknowledged.
Source.
RS 130:7. CS 136:7. GS 121:7. GL 135:7. PS 137:7. PL 213:10. RL 259:10.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:11 - Repealed by 1981, 303:10, eff. Aug. 15, 1981.

477:11 Repealed by 1981, 303:10, 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 477:12 - Proof by Handwriting.

477:12 Proof by Handwriting. –
If any grantor or lessor shall die, become insane, or go out of the state before the acknowledgment of a deed or lease, proof of due execution of such deed or lease may be made by the oath of 2 witnesses acquainted with the handwriting of the grantor or lessor that the deed or lease was signed by said grantor or lessor.
Source.
RS 130:9. CS 136:9. GS 121:9. GL 135:9. PS 137:9. PL 213:12. RL 259:12. RSA 477:12. 1981, 303:9, eff. Aug. 15, 1981.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:13 - Refusal to Acknowledge.

477:13 Refusal to Acknowledge. –
If the grantor or lessor shall refuse to acknowledge a deed or lease, proof of its due execution may be made in the manner provided in RSA 477:12, but, if the grantor or lessor is a resident of this state, notice of the time and place of proving the same, signed by a justice, shall be delivered to him or left at his abode 14 days prior to such time. Every unacknowledged deed proved agreeably to this section or RSA 477:12 shall be as effectual as if duly acknowledged.
Source.
RS 130:10. CS 136:10. GS 121:10. GL 135:10. PS 137:10. PL 213:13. RL 259:13. RSA 477:13. 1981, 303:2, eff. Aug. 15, 1981.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:14 - Neglect to Record.

477:14 Neglect to Record. –
If a person having an unrecorded deed or other evidence of title of real estate in his possession neglects to record the same, or refuses to allow the same to be recorded, for the space of 30 days after being thereto requested in writing by a person having an interest in such estate, any justice, upon complaint thereof, may issue his warrant and cause such person to be brought before him for examination, and, if sufficient cause for such neglect or refusal is not shown, may order such deed or evidence of title to be recorded, and commit the person to jail until such order is performed and payment of costs is made.
Source.
RS 130:11. CS 136:11. GS 121:11. GL 135:11. PS 137:11. PL 213:14. RL 259:14.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:15 - Oral Conveyance.

477:15 Oral Conveyance. –
Every estate or interest in lands created or conveyed without an instrument in writing signed by the grantor or his attorney shall be deemed an estate at will only, and no estate or interest in lands shall be assigned, granted or surrendered except by writing signed as aforesaid or by operation of law.
Source.
RS 130:12. CS 136:12. GS 121:12. GL 135:12. PS 137:12. PL 213:15. RL 259:15.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:16 - Deeds Lacking Statement of Consideration or Acknowledgments Validated.

477:16 Deeds Lacking Statement of Consideration or Acknowledgments Validated. –
When any instrument of writing shall have been on record in the office of the register of deeds in the proper county for the period of 10 years, and there is a defect in such instrument because it omitted to state any consideration therefor, because it was not acknowledged, because it was not validly acknowledged, because it was not witnessed, or because it was not sealed, such instrument shall, from and after the expiration of 10 years from the filing thereof for record, be valid as though such instrument had in the first instance stated the consideration therefor or had been acknowledged, witnessed, or sealed in full compliance with the requirements of law. Such instrument shall, after the expiration of 10 years from the filing of the same for record, impart to subsequent purchasers, incumbrancers, and all other persons whomsoever, notice of such instrument of writing so far as and to the same extent that such instrument then is recorded, copied, or noted in such books of record, notwithstanding such defect. Nothing in this section shall be construed to affect any rights acquired by grantees, assignees, or incumbrancers after the filing of such instrument for record and before the expiration of 10 years from the filing of such instrument for record.
Source.
1949, 191:1. RSA 477:16. 1963, 65:1. 1967, 20:1. 1977, 366:6. 1981, 303:3. 1985, 91:1, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:17 - Trusts.

477:17 Trusts. –
No trust concerning lands, excepting such as may arise or result by implication of law, shall be created or declared unless by an instrument signed by the party creating the same or by his attorney.
Source.
RS 130:13. CS 136:13. GS 121:13. GL 135:13. PS 137:13. PL 213:16. RL 259:16.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:18 - Tenants in Common.

477:18 Tenants in Common. –
Every conveyance or devise of real estate made to 2 or more persons shall be construed to create an estate in common and not in joint tenancy, unless it shall be expressed therein that the estate is to be holden by the grantees or devisees as joint tenants, or to them and the survivor of them, or unless other words are used clearly expressing an intention to create a joint tenancy. The addition, following the names of the grantees in the granting clause of a deed or devise, of the words "as joint tenants with rights of survivorship" or "as tenants by the entirety" shall constitute a clear expression of intention to create a joint tenancy.
Source.
RS 129:2. CS 135:2. GS 121:14. PS 137:14. PL 213:17. RL 259:17. 1951, 178:11. RSA 477:18. 1959, 264:2, eff. Nov. 13, 1959.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:19 - Joint Heirs.

477:19 Joint Heirs. –
Joint heirs shall be deemed tenants in common.
Source.
RS 129:3. CS 135:3. GS 121:15. GL 135:15. PS 137:15. PL 213:18. RL 259:18.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:20 - Alien Residents.

477:20 Alien Residents. –
An alien resident in this state may take, purchase, hold, convey or devise real estate, and it may descend in the same manner as if he were a citizen.
Source.
RS 129:4. CS 135:4. GS 121:16. GL 135:16. PS 137:16. PL 213:19. RL 259:19.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:21 - Escheat.

477:21 Escheat. –
Any right or claim of the state, by escheat or otherwise, to the estate of any resident alien is hereby discharged.
Source.
RS 129:5. CS 135:5. GS 121:17. GL 135:17. PS 137:17. PL 213:20. RL 259:20.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:22 - Limited Interest.

477:22 Limited Interest. –
A conveyance made by a person having a limited interest in an estate, purporting to convey a greater interest than he possessed or could lawfully convey, shall not work a forfeiture thereof, but shall pass to the grantee all the estate which he could lawfully convey.
Source.
RS 129:6. CS 135:6. GS 121:18. GL 135:18. PS 137:18. PL 213:21. RL 259:21.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:22-a - Enforceability of Publicly-Owned Land Restrictions.

477:22-a Enforceability of Publicly-Owned Land Restrictions. –
Any recorded restriction, order, covenant, or other interest in land held by the state, or any political subdivision of the state, shall be enforceable against any owner of the affected land or structure, including subsequent purchasers, heirs, or assignees, notwithstanding lack of privity of estate or contract, or lack of benefit to particular land, or the benefit being assignable or being assigned.
Source.
2009, 295:1, eff. Sept. 29, 2009.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:23 - Purpose.

477:23 Purpose. –
For the purpose of avoiding the unnecessary use of words in deeds of real estate, or interests therein, the statutory forms provided in this subdivision are authorized. Nothing in this subdivision shall be understood as preventing the use of other forms appropriate for the conveyance of real estate or any interest therein.
Source.
1951, 178:1, eff. Aug. 1, 1951.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:24 - Unnecessary Words; Construction of Certain Words.

477:24 Unnecessary Words;  Construction of Certain Words. –
The word "grant" in a conveyance of real estate or any interest therein shall be a sufficient word of conveyance without the use of the words "give, bargain, sell, alien, enfeoff, convey and confirm" or the words "remise, release and forever quitclaim." No covenant shall be implied from the use of the word "grant." In a conveyance or reservation of real estate, the term "heirs," "assigns" or other technical words of inheritance or succession shall not be necessary to convey or reserve an estate in fee. A deed or reservation of real estate shall be construed to convey or reserve an interest in fee simple unless a different intention clearly appears in the deed.
Source.
1951, 178:2, eff. Aug. 1, 1951.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:25 - Statute of Uses Not to Effect Trusts.

477:25 Statute of Uses Not to Effect Trusts. –
When a conveyance or devise of real estate is made to a grantee or devisee in trust or as trustee under a declaration of trust, such conveyance or devise shall vest in the grantee or devisee, as trustee, legal title with full power to convey the real estate in accordance with the trust.
Source.
1951, 178:3. RSA 477:25. 1986, 10:1, eff. May 26, 1986.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:26 - Easements, Appurtenances, Etc.

477:26 Easements, Appurtenances, Etc. –
In a conveyance of real estate or any interest therein, all rights, easements, privileges and appurtenances belonging to the granted estate or interest shall be deemed to be included in the conveyance, unless the contrary shall be stated in the deed, and it shall be unnecessary in order for their inclusion to enumerate or mention them either generally or specifically.
Source.
1951, 178:4, eff. Aug. 1, 1951.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:27 - Statutory Form of Warranty Deed.

477:27 Statutory Form of Warranty Deed. –
A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenant on the part of the grantor, for himself or herself, heirs, executors and administrators, that, at the time of the delivery of such deed, the grantor was lawfully seized in fee simple of the granted premises, that the said premises were free from all incumbrances, except as stated, that the grantor had good right to sell and convey the same to the grantee, heirs, successors and assigns, and that the grantor will, and the heirs, executors, and administrators shall, warrant and defend the same to the grantee and heirs, successors and assigns, against the lawful claims and demands of all persons.
(Form for warranty deed)
__________ , of __________ County, State of __________ , for consideration paid, grant to __________ , (complete mailing address) __________ , of __________ Street, Town (City) of __________ , __________ County, State of __________ , with warranty covenants, the __________ (Description of land or interest being conveyed: incumbrances, exceptions, reservations, if any) __________ , (wife) (husband) of said grantor, release to said grantee all rights of homestead and other interests therein.
(Here add acknowledgment)
Source.
1951, 178:5. RSA 477:27. 1965, 125:2. 1971, 179:6. 1977, 366:7. 1981, 303:4. 2006, 7:1, eff. April 11, 2006.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:28 - Statutory Form of Quitclaim Deed.

477:28 Statutory Form of Quitclaim Deed. –
A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenants on the part of the grantor, for himself, or herself, heirs, executors and administrators with the grantee, heirs, successors and assigns, that at the time of the delivery of such deed the premises were free from all incumbrances made by the grantor, except as stated, and that the grantor will, and the heirs, executors and administrators shall, warrant and defend the same to the grantee and heirs, successors and assigns forever against the lawful claims and demands of all persons claiming, by, through or under the grantor, but against none other.
(Form for quitclaim deed)
__________ , of __________ County, State of __________ , for consideration paid, grant to __________ , (complete mailing address) __________ , of __________ Street, Town (City) of __________ County, State of __________ , with quitclaim covenants, the __________ (Description of land or interest therein being conveyed: incumbrances, exceptions, reservations, if any) __________ , (wife) (husband) of said grantor, release to said grantee all rights of homestead and other interests therein.
(Here add acknowledgment)
Source.
1951, 178:6. RSA 477:28. 1965, 125:3. 1971, 179:7. 1981, 303:5. 2006, 7:1, eff. April 11, 2006.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:30 - Statutory Form of Fiduciary Deed.

477:30 Statutory Form of Fiduciary Deed. –
A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenants on the part of the grantor, for himself or herself, that, at the time of the delivery of such deed, the grantor was duly authorized to make the sale of the premises; that in all of the grantor's proceedings in the sale thereof, the grantor has complied with the requirements of the statute in such case provided; and that the grantor will warrant and defend the same to the grantee, heirs, successors and assigns, against the lawful claims of all persons claiming by, from or under him or her in the capacity aforesaid.
(Form for fiduciary deed)
__________ of __________ County, State of __________ , executor under the will (administrator of the __________ estate) (trustee under the will) (guardian) (conservator) (receiver of the estate) (commissioner) of __________ of __________ , by the power conferred by __________ and every other power, for ___ dollars paid, grant to __________ , (complete mailing address) __________ , of __________ Street, Town (City) of __________ , __________ County, State of __________ the __________ (Insert description of land or interest therein being conveyed: incumbrances, reservations, exceptions.)
(Here add acknowledgment)
Source.
1951, 178:8. RSA 477:30. 1965, 125:5. 1977, 366:9. 1981, 303:7. 2006, 7:3, eff. April 11, 2006.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:31 - Statutory Form for Foreclosure Deed Under Power of Sale.

477:31 Statutory Form for Foreclosure Deed Under Power of Sale. –
Where a mortgage is foreclosed under a statutory power of sale, the mortgagee may give a deed to the purchaser, whether the purchaser be a stranger or the mortgagee, in the following form:
__________ of __________ County, __________ State of __________ , holder of a mortgage from __________ to __________ dated __________ , recorded in __________ Registry of Deeds, Vol. ___ , page ___ , by the power conferred by said mortgage and every other power, for ___ dollars paid, grant to __________ , (complete mailing address) __________ , of __________ Street, Town (City) of __________ , __________ County, State of __________ , the premises conveyed by said mortgage.
(Here add acknowledgment)
A deed in substance in that form shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenants on the part of the grantor, for himself or herself, that, at the time of the delivery of such deed, the grantor was duly authorized to make sale of the premises; that in all of the grantor's proceedings in the sale thereof, the grantor has complied with the requirements of the statute in such case provided; and that the grantor will warrant and defend the same to the grantee, heirs, successors and assigns, against the lawful claims of all persons claiming by, from or under him or her.
Source.
1951, 178:9. RSA 477:31. 1965, 125:6. 1977, 366:10. 1981, 303:8. 2006, 7:3, eff. April 11, 2006.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:32 - Affidavit of Sale Under Power of Sale in Mortgage.

477:32 Affidavit of Sale Under Power of Sale in Mortgage. –
The affidavit required by RSA 479:26 may be in the following form:
___ , grantor in the foregoing deed, on my oath say ___ that the principal and interest (the obligation to __________ ) secured by the mortgage referred to in the foregoing deed was not paid or tendered or performed when due, and that I caused to be published on the ___ , ___ , and ___ of ___ , 20 ___ , in ___ , a newspaper published in ___ in said County of ___ , a notice of which the following is a true copy:
(Insert copy of advertisement)
And I further on oath say that I sent a copy of said notice on the ___ day of ___ , 20 ___ , by registered mail to ___ at __________ , his last known address. And I further on oath say that pursuant to said notice, at the time and place therein appointed, I sold the mortgaged premises at public auction to __________ , above named, for ___ dollars bid by him, being the highest ___ bid made therefor at said auction.
(Signature) __________
(Here add jurat)
Source.
1951, 178:10, eff. Aug. 1, 1951.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:32-a - Error in or Omission of Mailing Address.

477:32-a Error in or Omission of Mailing Address. –
Any error in or omission of the mailing address of the grantee or mortgagee in the deed, mortgage or other conveyance required by any provision of this chapter shall not affect in any way the validity or effectiveness of such deed, mortgage or other conveyance of real estate.
Source.
1965, 125:7, eff. Jan. 1, 1966.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:33 - Waters.

477:33 Waters. –
No owner or occupier of a milldam or other water power shall acquire by prescription any right against the state or the public to impede or in any way injure navigation, the passage of fish or any other public easement in any of the waters of the state.
Source.
GS 121:19. GL 135:19. PS 137:19. PL 213:22. RL 259:22.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:34 - Property.

477:34 Property. –
No person shall acquire by prescription a right to any part of a town house, schoolhouse or church lot, or of any public ground by fencing or otherwise inclosing the same or in any way occupying it adversely for any length of time.
Source.
1862, 2622:2. GS 70:9. GL 76:9. PS 137:20. PL 213:23. RL 259:23.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:35 - Effect.

477:35 Effect. –
The conveyance of standing trees apart from the land on which they stand shall not cause the same to become personal property, but such trees shall remain real estate until actually severed from the land.
Source.
1907, 27:1. PL 213:24. RL 259:24.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:35-a - Conditional Deed.

477:35-a Conditional Deed. –
I. After August 29, 1969, any conveyance of standing trees which includes therein a stipulation requiring that the trees be removed within a certain time or by a certain date shall render the deed conditional, and failure by the purchaser to remove said trees within the stipulated time shall result in the forfeiture of the purchaser's rights in the trees unless the deed specifically provides otherwise.
II. After the effective date of this paragraph, any conveyance of standing trees which does not include therein a stipulation requiring that such trees be removed within a certain time or by a certain date shall render the deed conditional, and failure by the purchaser to so remove said trees within 7 years from the date of conveyance shall result in the forfeiture of the purchaser's rights in the trees unless the deed specifically provides otherwise.
Source.
1969, 325:1. 2003, 138:7, eff. Aug. 16, 2003.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:35-b - Previous Conveyances.

477:35-b Previous Conveyances. –
I. Any conveyance of standing trees made prior to August 29, 1969, which includes therein a stipulation requiring that the trees be removed within a certain time or by a certain date, but which does not include therein any terms to the effect that the right to the trees shall revert to the grantor upon the passage of the stated time or stated date, shall be presumed as having intended to grant an absolute property interest in the trees to the purchaser even though the trees remain uncut beyond the stipulated time or date; provided, however, that any such right to said trees on the part of the purchaser or his heirs or assigns must be asserted and any litigation begun within 7 years after August 29, 1969, or within 7 years of the stipulated time of removal of the trees, whichever occurs last, or otherwise all such rights to said trees shall revert to the grantor or his heirs or assigns. Nothing in this section shall be construed as precluding the introduction of any evidence in any action to rebut the presumption of the granting of ownership of trees as provided by this section.
II. Any conveyance of standing trees prior to the effective date of this paragraph which does not include therein a stipulation requiring that such trees be removed within a certain time or by a certain date, shall be presumed as having intended to grant to the purchaser an absolute property interest in the trees standing at the date of the conveyance even though the trees remain uncut beyond a reasonable time for their removal after said date; provided, however, that any such right to said trees on the part of the purchaser or his heirs or assigns must be asserted and litigation begun with 7 years after the effective date of this paragraph or otherwise all such rights to said trees shall revert to the grantor or his or her heirs or assigns. Nothing in this section shall be construed as precluding the introduction of any evidence in any action to rebut the presumption of the granting of ownership of trees as provided by this paragraph.
Source.
1969, 325:1. 2003, 138:8, eff. Aug. 16, 2003.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:36 - Requisites.

477:36 Requisites. –
No deed of bargain and sale, mortgage or other conveyance of standing trees, or any lease of the same for more than 7 years from the making thereof shall be valid to hold standing trees against any person but the grantor and his heirs only unless acknowledged and recorded as provided in RSA 477:37 and 477:38.
Source.
1907, 27:2. PL 213:25. RL 259:25.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:37 - Mortgagee's Consent to Cutting.

477:37 Mortgagee's Consent to Cutting. –
Whenever standing trees have been mortgaged as real estate or are covered by a mortgage of the land on which they stand, the mortgagee may indorse upon said mortgage a consent that the trees may be cut, which consent shall be recorded in the registry of deeds.
Source.
1921, 76:1. PL 213:26. RL 259:26. 2008, 322:5, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:38 - Continuance of Mortgage Lien.

477:38 Continuance of Mortgage Lien. –
After execution of the mortgage provided for in RSA 477:37, both parties to the mortgage may then execute and attach thereto the affidavit required by law to be attached to mortgages of personal property; said mortgage, consent and affidavit may then be recorded with the proper town clerk, as mortgages of personal property are required to be recorded; and thereupon the lien of said mortgage shall be extended to cover said trees after they are cut, and the lumber therefrom, as fully as though the same had been mortgaged as personal property after cutting.
Source.
1921, 76:1. PL 213:27. RL 259:27.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:39 - Petition for Trustee; Order for Sale.

477:39 Petition for Trustee;  Order for Sale. –
When real estate is subject to a contingent or vested remainder, executory devise or power of appointment, the superior court for the county in which said real estate is situated may, upon petition of any person who has an estate in possession, remainder or reversion in such real estate, and after notice and other proceedings as provided in RSA 477:40 and 477:41, appoint one or more trustees, and authorize him or them to sell or mortgage and convey such estate or any part thereof in fee simple if such sale, mortgage or conveyance appears to the court to be necessary or expedient, and such conveyance shall be valid and binding upon all parties.
Source.
1893, 19:1. 1925, 121:1. PL 213:28. RL 259:28.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:40 - Notice.

477:40 Notice. –
Notice of any such petition shall be given in such manner as the court may order to all persons who are or may become interested in the real estate to which the petition relates, and to all persons whose issue not in being may become interested therein.
Source.
1893, 19:2. PL 213:29. RL 259:29.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:41 - Appearances; Costs.

477:41 Appearances;  Costs. –
The court shall appoint a suitable person to appear and act therein as the next friend of all minors, persons not ascertained and persons not in being who are or may become interested in such real estate, and the cost of the appearance and services of such next friend, including the compensation of his counsel, to be determined by the court, shall be paid as the court may order either out of the proceeds of the sale or by the petitioner. In the latter case, execution therefor may issue in the name of the next friend.
Source.
1893, 19:2. PL 213:30. RL 259:30.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:42 - Trustee's Bond; Duties.

477:42 Trustee's Bond;  Duties. –
Every trustee appointed under RSA 447:39 shall give bond to the judge of probate for the county in which said real estate or the greater part thereof is situated in such form and for such an amount as the court appointing him may order, and he shall receive and hold, invest or apply the proceeds of any sale made by him for the benefit of the persons who would have been entitled to the real estate if such sale had not been made and apply the proceeds of any mortgage for the benefit of the persons interested in the real estate, subject to the orders and decrees of the court authorizing the same.
Source.
1893, 19:3. 1925, 121:2. PL 213:31. RL 259:31.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:43 - Probate Jurisdiction.

477:43 Probate Jurisdiction. –
The probate court for said county shall have jurisdiction of all matters thereafter arising in relation to such trust, subject to the right of appeal on questions of law.
Source.
1893, 19:3. PL 213:32. RL 259:32. RSA 477:43. 1975, 395:3, eff. Jan. 1, 1976.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:45 - Definitions.

477:45 Definitions. –
I. A conservation restriction shall mean a right to prohibit or require, a limitation upon, or an obligation to perform, acts on or with respect to, or uses of, a land or water area, whether stated in the form of a restriction, easement, covenant or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the area or in any order of taking, which right, limitation, or obligation is appropriate to retaining or maintaining such land or water area, including improvements thereon, predominantly in its natural, scenic, or open condition, or in agricultural, farming, open space or forest use, or in any other use or condition consistent with the protection of environmental quality.
II. A preservation restriction shall mean a right to prohibit or require, a limitation upon, or an obligation to perform, acts on or with respect to, or uses of, a structure or site historically significant for its architecture, archaeology or associations, whether stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the structure or site or in any order of taking, which right, limitation or obligation is appropriate to the preservation or restoration of such structure or site.
III. "Agricultural preservation restriction" means the restraint placed on the development rights of agricultural land whether stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land which is appropriate to retaining land or water areas predominantly in their agricultural use, to prohibit or limit construction or placement of buildings except those used for agricultural purposes or for dwellings used for family living by the land owner, his immediate family or employees; excavation, dredging or removal of loam, sod, peat, gravel, soil, rock or other mineral substance in such a manner as to adversely affect the land's future agricultural potential; or other acts or uses detrimental to such retention of the land for agricultural use.
Source.
1973, 391:1. 1979, 301:4, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 477 - Conveyances of Realty and Interests Therein › Section 477:46 - Restrictions Enforceable.

477:46 Restrictions Enforceable. –
No conservation restriction held by any governmental body or by a charitable, educational or other corporation, association, trust or other entity whose purposes include conservation of land or water areas or of a particular such area, no preservation restriction held by any governmental body or by a charitable, educational or other corporation, association, trust or other entity whose purposes include preservation of structures or sites of historical significance or of a particular such structure or site and no agricultural preservation restriction held by any governmental body or charitable corporation, trust or other entity whose purposes include preservation of land or water areas predominantly in their agricultural state shall be unenforceable against any owner of the restricted land or structure on account of lack of privity of estate or contract or lack of benefit to particular land or on account of the benefit being assignable or being assigned to any other governmental body or to any entity with like purposes. This section shall not be construed to imply that any restriction, easement, covenant or condition which does not have the benefit of this section shall, on account of any provisions hereof, be unenforceable. Any doctrine of law which might otherwise cause the termination of such a restriction shall not be affected by the provisions of this subdivision.
Source.
1973, 391:1. 1979, 301:5, eff. Aug. 21, 1979.