HB 452 – AS INTRODUCED
2005 SESSION
06/10
HOUSE BILL 452
AN ACT relative to champerty in actions to quiet title and to extinguish mineral rights.
This bill prohibits the application of champerty in actions to quiet title or to extinguish mineral rights.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0164
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to champerty in actions to quiet title and to extinguish mineral rights.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Real and Personal Property; Disputed Titles; Champerty Not Applicable. Amend RSA 498:5-a to read as follows:
498:5-a Real and Personal Property; Disputed Titles.
I. An action may be brought in the superior court by any person claiming title to, or any interest in, real or personal property, or both, against any person who may claim to own the same, either in fee, for years, for life or in reversion or remainder, or to have any interest in the same, or any lien or encumbrance thereon, adverse to the plaintiff, or in whom the land records disclose any interest, lien, claim or title conflicting with the plaintiff’s claim, title or interest, whether or not the plaintiff is entitled to the immediate or exclusive possession of such property, for the purpose of determining such adverse estate, interest or claim, and to clear up all doubts and disputes and to quiet and settle the title to the same, except that the court of probate shall have exclusive jurisdiction over disputes in title arising under RSA 547 and RSA 547-C. An action may also be brought in the superior court by the holder of a tax collector’s deed who desires to quiet his title to the property conveyed under such deed. The petition in either such action shall describe the property in question and state the plaintiff’s claim, interest or title and the manner in which the plaintiff acquired such claim, interest or title and shall name the person or persons who may claim such adverse estate or interest.
II. Champerty shall not apply in actions brought under this section.
2 New Paragraph; Extinguishment of Mineral Rights; Champerty not Applicable. Amend RSA 498:5-e by inserting after paragraph III the following new paragraph:
IV. Champerty shall not apply in actions brought under this section.
3 Effective Date. This act shall take effect January 1, 2006.