New Hampshire general warranty deed

What a general warranty deed does in New Hampshire

A general warranty deed transfers ownership and adds the full set of title covenants: the grantor promises they own the property, have the right to sell it, that it is free of undisclosed encumbrances, and that they will defend the title against any claim, including claims that arose long before they owned it. It is the standard instrument for an arm's-length sale between private parties.

New Hampshire's statutory warranty deed (RSA 477:27) grants the land "with warranty covenants": the grantor promises that the land is free from all encumbrances except those the deed states, and will defend the title against everyone. When you list exceptions to the warranty, Deedly prints that statutory form, with your list after the legal description. If you leave the exceptions blank, Deedly's warranty deed makes the same promises but one: its promise that the property is free of encumbrances excepts everything of record, such as a recorded mortgage, lien or easement.

The New Hampshire law behind this deed

Start with N.H. Rev. Stat. § 477:27 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.

When New Hampshire property owners use a general warranty deed

• Sell a property directly to a buyer without an agent
• Transfer a property where the buyer expects full title protection
• Satisfy a purchase contract that calls for a warranty deed
• Convey property where a title company requires warranty covenants

What New Hampshire requires on the deed

These are the execution and formatting rules registers of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.

How to complete and record it in New Hampshire

1. 1Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds can provide one, usually for a few dollars.
2. 2Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
3. 3Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for New Hampshire deeds.
4. 4Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
5. 5Record it with the Register of DeedsFile in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
6. 6File the transfer tax forms after recordingWithin 30 days after the deed is recorded, the grantee files Form CD-57-P and the grantor files Form CD-57-S with the New Hampshire Department of Revenue Administration, online through Granite Tax Connect or by mail. They are required for every taxable transfer and every gift; most other exempt transfers need no declaration (RSA 78-B:10). The grantee also files Form PA-34 with the Department and gives a copy to the town or city assessor. None of these forms goes to the Register of Deeds, and a late form does not affect your title.
7. 7Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.

What it costs in New Hampshire

New Hampshire charges a real estate transfer tax of $0.75 per $100 (or part of $100) of the price from EACH party, buyer and seller, for a combined 1.5%. By law the buyer and the seller each pay at that rate (RSA 78-B:4). You pay by buying tax stamps from the Register of Deeds when you record, and the Register collects both halves before recording the deed.

Exemptions that commonly apply to a transfer like this: gifts in which the recipient takes over no mortgage (RSA 78-B:2, IX), transfers between spouses under a final divorce or annulment decree (RSA 78-B:2, XIII), deeds that only correct an earlier deed (RSA 78-B:2, V), and transfer on death deeds made for no consideration (RSA 78-B:2, XXV). The Register of Deeds charges transfer tax on every deed unless the deed itself states why it is exempt (RSA 78-B:6); the forms are not enough. Deedly prints that statement when your answers show the exemption.

Where to record it in New Hampshire

New Hampshire deeds are recorded with the Register of Deeds in the county where the property sits, not where you live. There are 10 counties in New Hampshire.

Many New Hampshire recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.

Recording offices we cover in New Hampshire: Hillsborough, Rockingham, Merrimack, Strafford, Grafton, Cheshire. See all New Hampshire recording offices.

What a general warranty deed does NOT do

Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.

• The covenants only bind the grantor personally. If they have no assets, a covenant claim may be worth little.
• It does not replace title insurance or a title search. It gives you a claim after the fact, not clean title today.
• It does not avoid probate and cannot be revoked once delivered and recorded.
• Signing one when you don't actually know the property's history exposes you to real liability. Where that is a concern, a special warranty deed is the safer instrument.

Quirks of New Hampshire law that catch people out

• New Hampshire charges its transfer tax to BOTH parties (0.75% each, 1.5% total) which is unusual and catches people out.
• The Register of Deeds charges transfer tax on every deed unless the deed itself states why it is exempt (RSA 78-B:6). The form is not enough.
• Forms CD-57-P, CD-57-S and PA-34 must be filed with the Department of Revenue Administration within 30 days after recording, in addition to recording the deed.
• The register must refuse a deed whose property description does not name, in its first sentence, every town or city the land lies in (RSA 478:4-a). Use the town or city, not the post office name.
• A married owner's spouse must sign the deed of the home to release the homestead right, even if the spouse is not on title (RSA 480:5-a).
• New Hampshire has recognized transfer on death deeds since July 1, 2024 (RSA 563-D). One is void unless it is recorded within 60 days after it is signed and before the owner's death.
• New Hampshire does not recognize tenancy by the entirety. A deed to spouses "as tenants by the entirety" creates a joint tenancy with right of survivorship (RSA 477:18).

How to hold title in New Hampshire

When two or more people take title in New Hampshire and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in New Hampshire: joint tenancy with right of survivorship and tenancy in common.

Survivorship arises only when the deed says so: "as joint tenants with rights of survivorship", or "as tenants by the entirety", which New Hampshire reads as a joint tenancy (RSA 477:18).