Title XLVIII, Conveyances and Mortgages of Realty

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 …

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 ap…

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.

I. Application of Real Estate Laws. Buildings situated on land not belonging to the owners of the buildings shall be deemed real estate for purposes of transfer, whether voluntary or involuntary, and shall be conveyed, mortgaged or leased, and shall be subjected to attachment, ot…

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, …

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 gove…

Conservation, preservation, and agricultural preservation restrictions are interests in real estate and a document creating such a restriction shall be deemed a conveyance of real estate for purposes of RSA 477:3 and RSA 477:3-a relating to execution and recording. Such a restric…

As used in this subdivision: I. "Solar energy" means radiant energy, whether direct, diffuse, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy. II. "Solar energy collector" means part or all of a device or str…

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.

I. A solar skyspace easement may be acquired and transferred and shall be recorded in the same manner as any other conveyance of an interest in real property. The easement shall run with the land benefited and burdened and shall terminate upon the conditions stated in the instrum…

A recorded instrument in the following form shall be sufficient to create a solar skyspace easement. The authorization of this form shall not preclude the use of other forms for the creation of a solar skyspace easement. (Form for solar skyspace easement) __________ , of ________…

The funds provided by a mortgagee to fund a loan secured by real estate at a real estate closing shall be in the form of: I. Cash; II. Wired funds or electronic transfer; III. Certified check; IV. Checks issued by a governmental entity or instrumentality; V. Any transfer of funds…

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.

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, a…

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 wit…

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.

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.

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.

This chapter may be cited as the Uniform Real Property Electronic Recording Act.

The register of deeds shall carefully keep in the office provided by the county at all times, except when he may be required by a court to produce them as evidence or when the same may be removed for the purposes of repair, all books, records, files and papers belonging thereto, …

I. No register of deeds shall file or record a plat of a subdivision, or a plat prepared for the purpose of showing existing property lines, if such plat has not been prepared and certified by a licensed land surveyor, since July 1, 1981, or by a registered land surveyor between …

The names of the creditors in any proceeding for foreclosure and the names of the original mortgagees, if they appear by the proceedings, shall be entered, as such, in the index of grantees; and the names of the debtor, defendant and original mortgagors, if they appear, shall be …

If the name of the person whose property or estate is conveyed in either of the cases aforesaid does not appear, or if the name of the original mortgagor or mortgagee of property foreclosed does not appear, the grantors or mortgagors shall be referred to as unknown in the index o…

Every register shall keep his or her office open daily except Sundays and state holidays. It may be closed on Saturday if not incompatible with public business; provided, however, that the register may keep his or her office open on Saturday mornings in the custody of a single cu…

Every register shall, upon request, in an acceptable media, send copies of all deeds, mortgages, and other conveyances of real estate which have been recorded in the registry during the preceding 3 months to the selectmen of each town and to the assessors of each city in his coun…

If the register shall neglect any duty imposed by this chapter, he shall forfeit $20 to be recovered by an action of debt in the name of the treasurer for the use of the county, and shall also be liable to an action on his bond.

Unless otherwise specified, the register of deeds in each county shall be entitled to the following fees and shall collect the land and community heritage investment program surcharge as follows: I. The charge for recording each document shall be $10 for the first recorded page p…

Each register of deeds shall pay over once a month to his county treasurer, for use of the county, all fees received by him as such register and all charges paid to him for services arising out of or because of his office, including but not limited to payments for duties under RS…

I. The provisions of this section shall apply in a county only after they have been approved by a majority vote of both the county commissioners and the county convention. II. (a) There is hereby established in the county treasury a register of deeds equipment account. If the cou…

Registers of deeds may appoint deputies to perform the duties of their offices in cases of sickness or the temporary absence of the officer making the appointment. The appointment shall be made in writing, shall be approved by the bondsmen of the officer appointing and by the cou…

In this chapter: I. "Document" means information that is: (a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (b) Eligible to be recorded in the land records maintained by the register of deeds. II. "El…

The register of deeds may employ individuals to assist him in the performance of his official duties. The salaries of the assistants and any other expenses of the office of register of deeds shall be paid by the county.

When the register, by reason of sickness, absence, or other cause, is disabled from executing the duties of his office, his deputy shall execute the same until such disability is removed or a register is chosen in accordance with the provisions of RSA 661:9.

I. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this section. II. If a law requires, as a condition for recording, that …

I. In this section, "paper document" means a document that is received by the register of deeds in a form that is not electronic. II. A register of deeds: (a) May receive, index, store, archive, and transmit electronic documents; (b) May provide for access to, and for search and …

The register of deeds shall receive, file and record for the legal charges all original deeds and instruments brought for that purpose, and shall furnish certificates or copies thereof when required. All documents submitted for recording in each registry of deeds should be on mat…

I. The register of deeds shall not accept a deed or instrument for filing and recording unless it recites the following information: (a) The latest mailing address of the grantees named in the deed or instrument; (b) In the first sentence of the first description paragraph, the n…

I. The preparer of a document shall not include an individual's social security number, armed forces service number, credit card number, or deposit account numbers in a document that is prepared and presented for recording in the office of the register of deeds. This paragraph sh…

An individual aggrieved by a violation of RSA 478:4-b, I may bring against the preparer: I. An action to enjoin such violation. II. An action to recover actual monetary loss from such a violation, or to receive up to $1,000 in damages for each such violation, whichever is greater…

I. A person may not knowingly present for filing or cause to be presented for filing in a registry or other public office, any type of document that fraudulently purports to be a judgment or other document to memorialize or evidence an act, order, directive, or process of creatin…

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Upon acceptance of any deed or instrument for recording, the register of deeds shall enter into the index of the grantors the names of the grantors-to-grantees and into the index of the grantees the names of the grantees-to-grantors.

The register of deeds may cause the indexes to be reproduced into indexes of grantors and grantees using an acceptable recording method.

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of …

The names of the debtors or defendants upon whose land any levy or extent shall be made, if the same is recorded, shall be entered as such in the index of grantors, and the names of the creditors or plaintiffs, as such, in the index of the grantees.

When the property of any person living or the estate of any person deceased is conveyed by any officer or other person by authority of law or otherwise, the names of the persons whose estate is so conveyed, if they appear in the instrument, and of the persons by whom the conveyan…