What Information and Documentation Are Required to Verify All Individuals with an Interest in Real Property in New Hampshire | New Hampshire Probate | FastCounsel
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What Information and Documentation Are Required to Verify All Individuals with an Interest in Real Property in New Hampshire

Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.

Detailed Answer

Under New Hampshire law, verifying every individual with an interest in real property requires a systematic title search and review of recorded instruments. You must gather all documents that affect ownership, liens, encumbrances, and rights of possession.

1. Conduct a Title Search in the Registry of Deeds

Every county in New Hampshire maintains a Registry of Deeds. By statute, it must record and index every conveyance, mortgage, and easement. See RSA 478:1 (Records to be kept).

  • Deeds (warranty, quitclaim). See RSA 477:4 (Requisites of conveyance).
  • Mortgages and releases.
  • Easements and rights-of-way.

2. Review Judgment, Tax-Lien, and Mechanic’s Lien Indexes

Liens may attach and encumber title. Check the judgment index and local tax lien records.

  • Judgments recorded against the owner. See RSA 487:15 (Notice; effect).
  • Municipal tax liens.
  • Mechanic’s liens under RSA 447.

3. Examine Probate and Estate Records

Probate records reveal heirs, devisees, and administrators. An unclosed estate may cloud title.

  • Wills and probate orders. See RSA 551:1 (Writs and writ proceedings).
  • Letters testamentary or of administration.

4. Verify Identity and Authority of Signatories

Every deed and mortgage must be properly executed and acknowledged.

  • Signer’s full legal name and capacity (individual, trustee, corporate officer).
  • Notarial acknowledgment. See RSA 456:6 (Requirements for acknowledgment).
  • Government-issued photo ID when required by the notary.

5. Compile Key Data Points

Record each interest in a log to ensure you do not overlook anyone with a claim.

  • Full legal name of each party.
  • Mailing address.
  • Property’s full legal description and parcel ID.
  • Type of instrument (deed, mortgage, lien, easement).
  • Recording date, book, and page number.

Helpful Hints

  • Search both grantor and grantee indexes for accuracy.
  • Check successive liens in chronological order, from oldest to newest.
  • Obtain certified copies of probate and court records.
  • Use the county registry’s online portal when available.
  • Keep a chronological chain-of-title chart to visualize transfers.
  • Consult a title examiner or real estate attorney for complex matters.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.