NH Recorded RE Documents

1. NH Real Estate: NH Real Estate:
Recorded Recorded
DocumentsDocuments
Presented by: Derek MasseyPresented by: Derek Massey

2. DisclaimerDisclaimer
These slides were created to help the NH These slides were created to help the NH
real estate practitioner gain a general real estate practitioner gain a general
and cursory understanding of typical and cursory understanding of typical
recorded documents in a typical recorded documents in a typical
transaction. For specific questions or transaction. For specific questions or
issues, one should always seek the issues, one should always seek the
advice of counsel.advice of counsel.

3. The DocumentsThe Documents
DeedsDeeds
EasementsEasements
Protective or Restrictive CovenantsProtective or Restrictive Covenants
PlansPlans

4. Deed TypesDeed Types
Warranty DeedWarranty Deed
Quitclaim DeedQuitclaim Deed
Fiduciary DeedFiduciary Deed
Mortgage DeedMortgage Deed
Foreclosure DeedForeclosure Deed

5. Warranty DeedWarranty Deed
Warranty CovenantsWarranty Covenants
1.1.Seisin: I own the property.Seisin: I own the property.
2.2.Right to Convey: I can give it to you.Right to Convey: I can give it to you.
3.3.Against Encumbrances: No one else has an Against Encumbrances: No one else has an
interest.interest.
4.4.Warranty: I defend title to property.Warranty: I defend title to property.
5.5.Quiet Enjoyment: No one will bug you later.Quiet Enjoyment: No one will bug you later.
6.6.Further Assurances: If I need to step in, I Further Assurances: If I need to step in, I
will.will.

6. Quitclaim DeedQuitclaim Deed
Simply put….Simply put….
““I’m giving you what I have.”I’m giving you what I have.”

7. Does it matter?Does it matter?
Before Title Insurance…Before Title Insurance…
After Title Insurance…After Title Insurance…

8. Pop QuizPop Quiz
““I received title to my property via a I received title to my property via a
Quitclaim Deed. May I give my buyer a Quitclaim Deed. May I give my buyer a
Warranty Deed?”Warranty Deed?”
If you said “NO!”, you’re……If you said “NO!”, you’re……
WRONG!WRONG!

9. Fiduciary DeedFiduciary Deed
A conveyance in which the person signing the deed is
doing so on behalf of another person (real person, trust or
estate)

10. Mortgage DeedMortgage Deed
“Borrower does hereby mortgage, grant and convey to
Lender with mortgage covenants….”

11. Foreclosure DeedForeclosure Deed

12. Common Deed Common Deed
ProblemsProblems
Lack of marital status/homestead releaseLack of marital status/homestead release
Faulty acknowledgmentFaulty acknowledgment
Improper legal descriptionImproper legal description
Lack of authority of signer (ie Trustee Lack of authority of signer (ie Trustee
must sign on behalf of trust)must sign on behalf of trust)
Lack of tenancy of multiple granteesLack of tenancy of multiple grantees

13. EasementsEasements
An interest in land owned by another An interest in land owned by another
person, consisting in the right to use or person, consisting in the right to use or
control the land, or an area above or control the land, or an area above or
below it, for a specific limited purpose.below it, for a specific limited purpose.

14. Common easementsCommon easements
Access easement / Right of WayAccess easement / Right of Way
Shared drivewayShared driveway
Utility easementUtility easement
Light and air easementLight and air easement

15. ““Subject To” v. Subject To” v.
“Together With”“Together With”
Subject to: The easement burdens your Subject to: The easement burdens your
property for the benefit of another.property for the benefit of another.
Together with: The easement (or Together with: The easement (or
additional right or property) is in addition additional right or property) is in addition
to the main parcel of land.to the main parcel of land.

16. Restrictive CovenantsRestrictive Covenants
A private agreement – usually in a deed A private agreement – usually in a deed
or lease – that restricts the use or or lease – that restricts the use or
occupancy of real property by specifying occupancy of real property by specifying
lot sizes, building lines, architectural lot sizes, building lines, architectural
designs and the uses to which the designs and the uses to which the
property may be put.property may be put.

17. Where are they found?Where are they found?
In the body of the deed itselfIn the body of the deed itself
In a recorded “Declaration of Covenants”In a recorded “Declaration of Covenants”

18. Some legal restrictive Some legal restrictive
covenantscovenants
1.The premises shall be used for residential purposes only.
3.The premises shall be used for single family occupancy; no
multiple use dwelling shall be permitted.
1.No mobile homes, trailers or temporary structures shall be
permitted on the premises.
1.No nuisance or offensive or noisy trade, calling or transaction
shall be done, suffered or permitted.
1.No trees greater than six (6) inches in diameter shall be cut
down.

19. Not so much…Not so much…

20. PlansPlans
When is a “plan” required?When is a “plan” required?
SubdivisionsSubdivisions
Lot Line AgreementsLot Line Agreements
Condominiums (Site and Floor)Condominiums (Site and Floor)

21. Listing QuestionnaireListing Questionnaire
 Do I have a copy of the recorded deed?Do I have a copy of the recorded deed?
 What type of deed is it?What type of deed is it?
 Has seller obtained any additional property Has seller obtained any additional property
that he intends to sell?that he intends to sell?
 Has seller deeded out any lots or parcels?Has seller deeded out any lots or parcels?
 Are there any easements (subject to or Are there any easements (subject to or
together with)?together with)?
 Are there any protective covenants?Are there any protective covenants?
 Does seller have an owner’s title insurance Does seller have an owner’s title insurance
policy?policy?

22. Questions?Questions?
[email protected]@MSSG.com
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