A New Hampshire quitclaim deed is a legal form used to transfer ownership from one person to another without any warranties regarding the title. The grantor does not guarantee that they hold clear title to the property or that there are no other claims or liens against it.
Quitclaim deeds are commonly used among family members or to resolve title discrepancies. They merely pass on any interest the grantor may hold in the property without assuring it is legitimate or free from encumbrances. In contrast, other deeds may provide more protection because they contain warranties as to the status of the title.
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All state-specific requirements for quitclaim deeds are contained in Chapter 477 of the New Hampshire Statutes.
According to New Hampshire Statutes, Section 477:3, the grantor must sign every quitclaim deed or other conveyance of real estate and acknowledge it before a justice, notary public, or commissioner. Furthermore, the form must include the grantee’s mailing address, ensuring clear communication channels for any future correspondence related to the property.
As stipulated in Section 477:3-a, every deed, including quitclaim deeds, must be recorded in the registry of deeds in the county where the property is located. This recording must occur before the deed is effective against any bona fide purchasers for value.
The statutory form of the quitclaim deed, as outlined in Section 477:28, provides a template that, when properly executed, transfers the property with certain covenants. These include assurances from the grantor that at the time of the deed’s delivery, the property was free from any encumbrances except those expressly stated.
Recording fees for quitclaim deeds and other real estate documents are governed by Section 478:17-g. The basic document recording fee is $10 for the first page and $4 for each additional page. For quitclaim deeds specifically, an additional charge of $25 is assessed, generally paid by the grantee. This fee covers the cost of entering the deed into the public record and contributes to the funding of the Land and Community Heritage Investment Program.
Proper completion and filing ensure the quitclaim deed is legally valid in New Hampshire and recorded appropriately. Below are the steps you should follow.
Details of the Grantor and Grantee
On the form, fill in the details of the grantor (the person giving away the rights) and the grantee (the person receiving the rights). You must provide complete names and addresses. Also, detail the consideration (money exchanged, if any) and describe the property being transferred.
Legal Description of the Property
The legal description of the property should be entered as it appears on the current deed or property records. This section may include lot numbers, subdivision names, and other details that define the exact location and boundaries of the property.
Signatures
The grantor must sign the quitclaim deed in the presence of a notary public. Ensure that all parties understand the document completely, as the grantor is not offering any warranty about the property’s title status.
Notarization
Once signed, the quitclaim deed must be notarized. This step officially acknowledges that the grantor signed the document of their own free will. The notary will fill out their section, which includes their seal and signature.
Record the Deed
File the completed and notarized quitclaim deed with the county recorder’s office. The fees and specific submission guidelines can vary, so check with the local office in advance.
