A deed is a legal document that shows who owns a piece of property. It’s how ownership gets transferred from one person to another, proving who has the rights and responsibilities that come with that property.
Hillsborough County is the most populated county in New Hampshire, making its real estate market busy and varied. You’ll find all sorts of properties there.
This article will give you a detailed overview of NH deeds in Hillsborough County, explaining what you need to know about property ownership in this part of the state.
Types of Deeds Commonly Used in Hillsborough County, NH
When buying or selling property in Hillsborough County, New Hampshire, you’ll encounter different types of deeds. Each offers a varying level of protection to the buyer.
Warranty Deeds
A warranty deed offers the most protection to the buyer, guaranteeing a clear title and safeguarding against claims or encumbrances. It contains covenants, or promises, from the seller, including:
- Covenants of seisin (seller owns the property)
- Right to convey (seller has the right to sell)
- Against encumbrances (no outstanding claims)
- Quiet enjoyment (buyer won’t be disturbed)
- Warranty (guarantee of title)
Quitclaim Deeds
A quitclaim deed transfers whatever interest the seller has in the property, without any guarantees. It’s often used for transfers between family members or to clear up title defects.
A quitclaim deed contains no warranties, and the buyer assumes all risks associated with the title.
Special Warranty Deeds
A special warranty deed guarantees the title only against defects that arose during the seller’s ownership, offering a middle ground between warranty and quitclaim deeds. It protects against claims arising only from the seller’s actions, not prior title defects.
What makes a New Hampshire deed valid?
To be valid in New Hampshire, a deed needs to have several key components:
- Clear identification of the parties. The deed must clearly name both the grantor (seller) and the grantee (buyer), including their full legal names and addresses.
- A legal description of the property. This has to be a precise and unambiguous description of the land being transferred. It might include metes and bounds, lot and block numbers, or a reference to a recorded plat.
- A granting clause. This is the language that shows the seller intends to transfer ownership. Common examples include phrases like “grants, bargains, sells, and conveys.”
- Consideration. This is something of value exchanged for the property. Usually, it’s a dollar amount, but it could also be “love and affection” or another type of non-monetary exchange.
- Proper signature and notarization. The grantor must sign the deed in front of a notary public, who then verifies the signature’s authenticity with their official seal.
Recording Deeds in Hillsborough County
Once you’ve bought property in Hillsborough County, you’ll want to make sure your ownership is officially recorded.
Why record a deed?
Recording your deed gives public notice that you own the property. This protects your ownership against later claims and establishes that your claim takes precedence over others.
Recording also creates a clear chain of title, which makes future property transactions easier and simplifies title searches.
Where do I record deeds in Hillsborough County?
The Hillsborough County Registry of Deeds likely has offices in Nashua and Manchester. You’ll want to verify the current addresses and hours of operation for each location by checking the Registry’s website or calling them directly, especially to check for holiday closures.
What are the recording fees and requirements?
Recording fees vary based on the number of pages in your deed and other factors. Check the Hillsborough County Registry of Deeds website for the most accurate and up-to-date fee information.
You’ll also need to make sure your deed meets specific formatting requirements, such as paper size, margins, and font size. The Registry may also require a cover sheet or specific forms. Again, the Registry’s website should have all the details you need to ensure your deed is properly recorded.
Common issues and challenges related to NH deeds
Even though New Hampshire deeds are an official record of property transfer, sometimes things go wrong with them. Here are a few of the most common issues.
Title defects and encumbrances
A title defect is anything that could cloud your ownership of a property. Liens, mortgages, easements, unpaid taxes, and boundary disputes can all be title defects.
To find and fix title defects, you can have a title search done before you buy the property. Title insurance can also protect you in case a defect surfaces later on. If there’s a disagreement about who owns the property, you may have to file a “quiet title” action in court to settle it.
Boundary disputes
Boundary disputes often happen because of old, inaccurate surveys, property descriptions that don’t match up, or fences and structures that cross over property lines.
You can try to settle these disputes by talking to your neighbor or going to mediation or arbitration. If that doesn’t work, you may have to sue.
Fraudulent deeds
Deed fraud can take many forms, including forged signatures, identity theft, and scams that target older or vulnerable homeowners.
To avoid deed fraud, always check the IDs of everyone involved in a property transaction. Be wary of unsolicited offers, and if something seems fishy, report it to the police.
Frequently Asked Questions
How to find out who owns a property in NH?
To find out who owns a property in New Hampshire, you can search public records. You can start by visiting the Hillsborough County Registry of Deeds. Many registries now have online search portals, but you may need to visit in person for older records. You can also use online property search tools, but be aware that these may have associated fees.
How do I get a copy of my deed in New Hampshire?
You can obtain a copy of your deed from the Hillsborough County Registry of Deeds. You’ll typically need to know the property address, the previous owner’s name, or the book and page number where the deed is recorded. You can request a copy in person, by mail, or potentially online, depending on the registry’s services.
How do I get a copy of the deed to my house in Hillsborough County?
The process for obtaining a deed to your house in Hillsborough County is the same as getting any deed in New Hampshire. Visit the Hillsborough County Registry of Deeds with the property information, and they can assist you in finding and obtaining a copy. Be prepared to pay a small fee per page for the copy.
How much does it cost to transfer a deed in NH?
The cost to transfer a deed in NH involves several potential fees. There’s a recording fee charged by the Registry of Deeds, which varies but is typically a few dollars per page. Additionally, there may be transfer taxes imposed by the state. The exact amount of these taxes depends on the property’s value and the specific circumstances of the transfer. Consulting with a real estate attorney is always recommended.
In Summary
Understanding New Hampshire deeds in Hillsborough County is paramount for secure property ownership and smooth real estate transactions. Knowing the different types of deeds, grasping the essential elements they must contain, and following the correct recording procedures is crucial whether you’re buying, selling, or transferring property.
When dealing with complex transactions or encountering title issues, seeking professional legal advice from a qualified New Hampshire real estate attorney is always a wise move. A lawyer can ensure your deed is properly drafted and recorded, safeguarding your interests and minimizing potential disputes down the line.
Maintaining clear and accurate property records in Hillsborough County benefits everyone involved in real estate. It promotes transparency, reduces uncertainty, and fosters confidence in the local property market.