New Hampshire Warranty Deed

Introduction

Key Things to Know

1. 1

   A New Hampshire warranty deed binds the grantor to warrant and defend title against the lawful claims of all persons, the strongest protection, while its statutory quitclaim deed under RSA 477:28 warrants only against those claiming by, through, or under the grantor.

2. 2

   New Hampshire codifies a statutory general warranty deed at RSA 477:27. The words grant with warranty covenants bind the grantor to four covenants: that the grantor was lawfully seized in fee simple, that the premises were free from all incumbrances except as stated, that the grantor had good right to sell and convey, and that the grantor will warrant and defend the premises against the lawful claims and demands of all persons.

3. 3

   New Hampshire also codifies a statutory quitclaim deed at RSA 477:28. Unlike a bare quitclaim, it carries quitclaim covenants, but those run only against persons claiming by, through, or under the grantor, but against none other, so the warranty deed is the stronger, general-warranty instrument.

4. 4

   You record the signed deed with the registry of deeds for the county or counties in which the real estate lies (RSA 477:3-a). An unrecorded deed is not effective against a later bona fide purchaser for value until it is recorded, so record promptly.

5. 5

   The grantor must sign the deed and acknowledge it before a justice, notary public, or commissioner, and the deed must show the mailing address of the grantee (RSA 477:3). New Hampshire does not require subscribing witnesses for a deed.

6. 6

   New Hampshire charges a Real Estate Transfer Tax of 0.75 dollars per 100 dollars of the price or consideration, imposed on both the buyer and the seller (RSA 78-B:1; RSA 78-B:4, III), for a combined 1.50 dollars per 100 dollars, with a minimum of 20 dollars from each party. A declaration of consideration is filed with the Department of Revenue Administration (RSA 78-B:10).

7. 7

   To convey or encumber the homestead right, both the owner and the owner's spouse must execute the deed (RSA 480:5-a). The RSA 477:27 warranty deed form includes a built-in line for the spouse to release all rights of homestead and other interests to the grantee.

New Hampshire Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. New Hampshire codifies a statutory general warranty deed at RSA 477:27: the words with warranty covenants bind the grantor to four covenants, that the grantor was lawfully seized in fee simple, that the premises were free from all incumbrances except as stated, that the grantor had good right to sell and convey, and that the grantor will warrant and defend the premises against the lawful claims and demands of all persons.

• Statutory Warranty Deed Form (RSA 477:27)

  New Hampshire provides a statutory short-form warranty deed in which the operative words are grant with warranty covenants (RSA 477:27). A deed in substance following that form has the full statutory warranty force. This is distinct from the statutory quitclaim deed (RSA 477:28), whose quitclaim covenants run only against persons claiming by, through, or under the grantor, but against none other.

• Record with the Registry of Deeds

  Record the signed, acknowledged deed with the registry of deeds for the county or counties in which the real estate lies (RSA 477:3-a). An unrecorded deed is not effective against a later bona fide purchaser for value until it is recorded, so record promptly to protect your interest.

• Signature and Acknowledgment, No Witnesses

  The grantor must sign the deed and acknowledge it before a justice, notary public, or commissioner, and the deed must show the mailing address of the grantee (RSA 477:3). New Hampshire does not require subscribing witnesses for a deed, so a proper acknowledgment is the recording path.

• Real Estate Transfer Tax and Declaration

  New Hampshire imposes a Real Estate Transfer Tax of 0.75 dollars per 100 dollars of the price or consideration, charged to both the buyer and the seller (RSA 78-B:1; RSA 78-B:4, III), for a combined 1.50 dollars per 100 dollars, with a minimum of 20 dollars from each party. Both parties file a declaration of consideration with the Department of Revenue Administration (RSA 78-B:10). Certain transfers are exempt under RSA 78-B:2.

• Legal Description and Parties

  Identify the grantor and grantee, state that consideration was paid, and include the full legal description of the property (not just the street address). State any incumbrances, exceptions, or reservations, since the warranty covenants run to the premises except as stated. Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current deed.

• Both Spouses Join to Release Homestead

  No deed conveys or encumbers the homestead right unless it is executed by the owner and the owner's spouse, if any (RSA 480:5-a). The RSA 477:27 warranty deed form includes a line for the spouse to release all rights of homestead and other interests to the grantee. Confirm whether the property is the homestead before signing to avoid a defective transfer.

• Warranty vs Quitclaim: Choosing the Instrument

  Choose the deed to match the protection intended. A New Hampshire warranty deed (RSA 477:27) warrants title against the lawful claims and demands of all persons, including defects predating the grantor. A New Hampshire quitclaim deed (RSA 477:28) carries only quitclaim covenants against persons claiming by, through, or under the grantor, but against none other. A sale usually calls for the warranty deed; a transfer between family members or into a trust often uses the quitclaim.