New Hampshire Warranty Deed
A New Hampshire warranty deed guarantees clear title and defends the buyer against all claims. Record with the county registry of deeds. Review available.
Introduction
New Hampshire is unusual in codifying both of its deeds, and its statutory warranty deed under RSA 477:27 uses the words with warranty covenants to bind the grantor to warrant and defend the title against the lawful claims and demands of all persons. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. New Hampshire is unusual here because it codifies BOTH forms. Its statutory warranty deed under RSA 477:27 uses the operative words grant with warranty covenants, and those words bind the grantor to warrant and defend the property against the lawful claims and demands of all persons. Its statutory quitclaim deed under RSA 477:28 instead uses quitclaim covenants, which run only against persons claiming by, through, or under the grantor, but against none other. So a New Hampshire warranty deed gives the buyer the stronger, general protection. You record the signed, acknowledged deed with the registry of deeds for the county where the property lies (RSA 477:3-a). DocDraft builds your New Hampshire deed from your facts, with attorney review available before you record.
Key Things to Know
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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.
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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.
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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.
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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.
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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.
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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).
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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.
Key decisions before you file
Before you file a Warranty Deed in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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New Hampshire Requirements for Warranty Deed
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.
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 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.
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.
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.
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.
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.
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.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes fewer promises and passes only whatever interest the seller actually has. New Hampshire codifies both as statutory forms. The RSA 477:27 warranty deed uses the words with warranty covenants and warrants title against the lawful claims and demands of all persons. The RSA 477:28 quitclaim deed uses quitclaim covenants that run only against persons claiming by, through, or under the grantor, but against none other, so the warranty deed gives broader protection.
Under RSA 477:27, a New Hampshire warranty deed carries four covenants: that at the time of delivery 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 to the grantee against the lawful claims and demands of all persons. That last covenant, warranting against all persons, is what makes it a general warranty rather than the limited protection of a New Hampshire quitclaim deed.
New Hampshire uses a warranty deed, not a grant deed. Some states convey through a statutory grant deed, but New Hampshire codifies two forms instead: a statutory warranty deed (RSA 477:27, with warranty covenants) and a statutory quitclaim deed (RSA 477:28, with quitclaim covenants). A New Hampshire warranty deed carries the full general-warranty covenants, so it is the form to use when the seller is guaranteeing clear title.
You 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). The grantor must first sign the deed and acknowledge it before a justice, notary public, or commissioner, and the deed must show the grantee's mailing address (RSA 477:3). Because an unrecorded deed is not effective against a later bona fide purchaser for value until it is recorded, you should record promptly.
New Hampshire does not require an attorney to prepare or record a deed; an individual may prepare their own warranty or quitclaim deed and record it. Because a deed transfers title and a mistake in the legal description, the covenants, or the homestead release can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your New Hampshire deed from your facts, with attorney review available as an option before you record.
It must be acknowledged, which is the notary step, but it does not need witnesses. Under RSA 477:3 the grantor signs the deed and acknowledges it before a justice, notary public, or commissioner, and the deed must show the grantee's mailing address. New Hampshire does not require subscribing witnesses for a deed, so a proper acknowledgment is what allows the registry of deeds to record it.
Usually yes when the property is sold. New Hampshire imposes a Real Estate Transfer Tax of 0.75 dollars per 100 dollars of the price or consideration, and it is 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.
To convey or encumber the homestead, yes. RSA 480:5-a provides that no deed conveys or encumbers the homestead right unless it is executed by the owner and the owner's spouse, if any. The RSA 477:27 warranty deed form even includes a line for the spouse to release all rights of homestead and other interests to the grantee. If the property is not the homestead, confirm how title is held before you sign to avoid a defective transfer.