HB 1130 – AS INTRODUCED
2010 SESSION
05/03
HOUSE BILL 1130
AN ACT relative to statements of consideration in deeds of real property.
SPONSORS: Rep. Shurtleff, Merr 10
This bill eliminates the need for statements of consideration in deeds of real property.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2053
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to statements of consideration in deeds of real property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Realty Conveyances and Interests; Statements of Consideration in Deeds of Real Property. Amend RSA 477 by inserting after section 24 the following new section:
477:24-a Statements of Consideration in Deeds of Real Property.
I. No deed or other conveyance of an interest in real estate, whether made before, on, or after the effective date of this paragraph, shall be treated as invalid or in any way defective solely by reason of its failure to include a recitation as to consideration paid or given for such conveyance.
II. No person may claim title to any real property or any interest in real property in this state solely by virtue of the failure of an instrument of conveyance delivered before the effective date of paragraph I to include any recitation as to consideration paid or given for such conveyance unless such person, within one year from the effective date of paragraph I: (a) files suit asserting such claim in the superior court of the county where the real property is located, and (b) files a notice of lis pendens in the registry of deeds for that county containing the title and docket number of the suit, the name and mailing address of the claimant, the names of the parties to the instrument of conveyance that is claimed to be defective, the names of the current owners of record, the book and page numbers where the instrument of conveyance is recorded, and a statement of the purported defect on which the claim is based. The period for filing such suit and notice of lis pendens shall not be extended on account of disability or lack of knowledge on the part of the claimant, or for any other reason.
2 Statutory Form of Warranty Deed. Amend RSA 477:27 to read as follows:
477:27 Statutory Form of Warranty Deed. A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors, and assigns, to their own use, with covenant on the part of the grantor, for himself or herself, heirs, executors, and administrators, that, at the time of the delivery of such deed, the grantor was lawfully seized in fee simple of the granted premises, that the said premises were free from all incumbrances, except as stated, that the grantor had good right to sell and convey the same to the grantee, heirs, successors, and assigns, and that the grantor will, and the heirs, executors, and administrators shall, warrant and defend the same to the grantee and heirs, successors, and assigns, against the lawful claims and demands of all persons.
(Form for warranty deed)
__________, of __________ County, State of __________, [for consideration paid,] grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, with warranty covenants, the __________ (Description of land or interest being conveyed: incumbrances, exceptions, reservations, if any) __________, (wife) (husband) of said grantor, release to said grantee all rights of homestead and other interests therein.
(Here add acknowledgment)
3 Statutory Form of Quitclaim Deed. Amend RSA 477:28 to read as follows:
477:28 Statutory Form of Quitclaim Deed. A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors, and assigns, to their own use, with covenants on the part of the grantor, for himself, or herself, heirs, executors, and administrators with the grantee, heirs, successors, and assigns, that at the time of the delivery of such deed the premises were free from all incumbrances made by the grantor, except as stated, and that the grantor will, and the heirs, executors, and administrators shall, warrant and defend the same to the grantee and heirs, successors, and assigns forever against the lawful claims and demands of all persons claiming, by, through, or under the grantor, but against none other.
(Form for quitclaim deed)
__________, of __________ County, State of __________, [for consideration paid,] grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________ County, State of __________, with quitclaim covenants, the __________ (Description of land or interest therein being conveyed: incumbrances, exceptions, reservations, if any) __________, (wife) (husband) of said grantor, release to said grantee all rights of homestead and other interests therein.
(Here add acknowledgment)
4 Statutory Form of Power of Sale Mortgage. Amend RSA 477:29, III to read as follows:
III. The words “statutory power of sale” shall be understood as giving the mortgagee and executors, administrators, successors, and assigns the right, upon any default of the performance of the statutory condition as defined in paragraph II, or any other condition contained in the mortgage, to foreclose by sale under the provisions of RSA [479:25-27-a] 479:25 through RSA 479:27-a inclusive.
(Form for mortgage deed, with power of sale)
_________ of __________ County, State of __________, [for consideration paid,] grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________ with mortgage covenants, to secure the payments of ___, with ___ percent interest payable semiannually and also perform all the agreements and conditions as provided in note __________ of even date, the __________ (Description of land or interest therein being conveyed: incumbrances, reservations, exceptions, if any) __________. This mortgage is upon the statutory conditions, for any breach of which the mortgagee shall have the statutory power of sale. __________ (Wife) (husband) of said mortgagor, release all rights of homestead and other interests in the mortgage premises.
(Here add acknowledgment)
5 Statutory Form of Fiduciary Deed. Amend RSA 477:30 to read as follows:
477:30 Statutory Form of Fiduciary Deed. A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors, and assigns, to their own use, with covenants on the part of the grantor, for himself or herself, that, at the time of the delivery of such deed, the grantor was duly authorized to make the sale of the premises; that in all of the grantor’s proceedings in the sale thereof, the grantor has complied with the requirements of the statute in such case provided; and that the grantor will warrant and defend the same to the grantee, heirs, successors, and assigns, against the lawful claims of all persons claiming by, from, or under him or her in the capacity aforesaid.
(Form for fiduciary deed)
__________ of __________ County, State of __________, executor under the will (administrator of the __________ estate) (trustee under the will) (guardian) (conservator) (receiver of the estate) (commissioner) of __________ of __________, by the power conferred by __________ and every other power, [for ___ dollars paid,] grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________ the __________ (Insert description of land or interest therein being conveyed: incumbrances, reservations, exceptions.)
(Here add acknowledgment)
6 Deeds Lacking Statement of Consideration or Acknowledgments Validated. Amend RSA 477:16 to read as follows:
477:16 Deeds Lacking [Statement of Consideration or] Acknowledgments Validated. When any instrument of writing shall have been on record in the office of the register of deeds in the proper county for the period of 10 years, and there is a defect in such instrument [because it omitted to state any consideration therefor,] because it was not acknowledged, because it was not validly acknowledged, because it was not witnessed, or because it was not sealed, such instrument shall, from and after the expiration of 10 years from the filing thereof for record, be valid as though such instrument had in the first instance stated the consideration therefor or had been acknowledged, witnessed, or sealed in full compliance with the requirements of law. Such instrument shall, after the expiration of 10 years from the filing of the same for record, impart to subsequent purchasers, incumbrancers, and all other persons whomsoever, notice of such instrument of writing so far as and to the same extent that such instrument then is recorded, copied, or noted in such books of record, notwithstanding such defect. Nothing in this section shall be construed to affect any rights acquired by grantees, assignees, or incumbrancers after the filing of such instrument for record and before the expiration of 10 years from the filing of such instrument for record.
7 Statutory Form for Foreclosure Deed Under Power of Sale. Amend RSA 477:31 to read as follows:
477:31 Statutory Form for Foreclosure Deed Under Power of Sale. Where a mortgage is foreclosed under a statutory power of sale, the mortgagee may give a deed to the purchaser, whether the purchaser be a stranger or the mortgagee, in the following form:
__________ of __________ County, __________ State of __________, holder of a mortgage from __________ to __________ dated __________, recorded in __________ Registry of Deeds, Vol. ___, page ___, by the power conferred by said mortgage and every other power, [for ___ dollars paid,] grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, the premises conveyed by said mortgage.
(Here add acknowledgment)
A deed in substance in that form shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors, and assigns, to their own use, with covenants on the part of the grantor, for himself or herself, that, at the time of the delivery of such deed, the grantor was duly authorized to make sale of the premises; that in all of the grantor’s proceedings in the sale thereof, the grantor has complied with the requirements of the statute in such case provided; and that the grantor will warrant and defend the same to the grantee, heirs, successors, and assigns, against the lawful claims of all persons claiming by, from, or under him or her.
8 Forms for Manufactured Housing Deeds. Amend RSA 477:44, II to read as follows:
II. MANUFACTURED HOUSING. Manufactured housing, as defined by RSA 674:31, shall be deemed a building for the purpose of paragraph I when such manufactured housing is placed on a site and tied into required utilities. Any deed conveying manufactured housing or evidencing its relocation within this state shall be substantially in the form provided in subparagraphs (a) and (b). If a deed for any manufactured housing is recorded in the registry of deeds of one county of this state and if such manufactured housing is relocated to another site in that county or to a site in another county of this state, a deed evidencing the change of location shall be recorded in the registry of deeds of the county in which it was originally located and a duplicate original shall also be recorded in the registry of deeds of the county to which it was relocated. If such manufactured housing is relocated to a site outside of this state, a statement evidencing the change of location substantially in the form provided in subparagraph (c) shall be recorded in the registry of deeds of the county in this state in which it was previously located. An attachment, lien, or other encumbrance on manufactured housing, when properly created and recorded as required by law, shall continue to be enforceable until released or discharged notwithstanding the relocation of the manufactured housing within or outside of this state.
(a) A deed in substance following the form provided in this subparagraph shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors, and assigns, to their own use, with covenant on the part of the grantor, for the grantor, the grantor’s heirs, executors, and administrators that, at the time of the delivery of such deed, the grantor was lawfully seized in fee simple of the manufactured housing; that such manufactured housing was free from all incumbrances, except as stated; that the grantor had good right to sell and convey the same to the grantee, the grantee’s heirs, successors, and assigns; and that the grantor and the grantor’s heirs, executors, and administrators shall warrant and defend the same to the grantee and the grantee’s heirs, successors, and assigns, against the lawful claims and demands of all persons. No owner of land shall unreasonably withhold the consent required by this statutory form.
Form for Manufactured Housing Warranty Deed
__________, of __________, __________ County, State of __________, [for consideration paid,] grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, with warranty covenants, the __________ (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing is situated, or is to be situated, at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing is situated, or is to be situated, is owned by __________ by deed dated __________ and recorded at Book ___, Page_____, in the __________ County Registry of Deeds. __________ (wife) (husband) of said grantor, release to said grantee all rights and other interests therein.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
__________, owner of the tract or parcel of land upon which the aforesaid manufactured housing is situated, or is to be situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
[ ] Check box if the manufactured housing has been relocated from one site to another within New Hampshire. The manufactured housing was previously located at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire and title, if any, to the same was recorded at Book ___, Page ___, in the __________ County Registry of Deeds. If the relocation is to a county of the State of New Hampshire other than the county in which the deed to the grantor was recorded, a duplicate original of the deed must be recorded in the registry of deeds of that county at the same time this deed is recorded.
(b) A deed in substance following the form provided in this paragraph shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors, and assigns, to their own use, with covenants on the part of the grantor, for the grantor, the grantor’s heirs, executors, and administrators with the grantee, the grantee’s heirs, successors, and assigns that at the time of the delivery of such deed the manufactured housing was free from all incumbrances made by the grantor, except as stated, and that the grantor and the grantor’s heirs, executors, and administrators shall warrant and defend the same to the grantee and the grantee’s heirs, successors, and assigns forever against the lawful claims and demands of all persons claiming, by, through, or under the grantor, but against none other. No owner of land shall unreasonably withhold the consent required by this statutory form.
Form for Manufactured Housing Quitclaim Deed
__________, of __________, __________ County, State of __________, [for consideration paid,] grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, with quitclaim covenants, the (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing is situated, or is to be situated, at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing is situated, or is to be situated, is owned by __________ by deed dated __________ and recorded at Book ___, Page ___, in the __________ County Registry of Deeds. __________ (wife) (husband) of said grantor, release to said grantee all rights and other interest therein.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
__________, owner of the tract or parcel of land upon which the aforesaid manufactured housing is situated, or is to be situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
[ ] Check box if the manufactured housing has been relocated from one site to another within New Hampshire. The manufactured housing was previously located at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire and title, if any, to the same was recorded at Book ___, Page ___, in the __________ County Registry of Deeds. If the relocation is to a county of the State of New Hampshire other than the county in which the deed to the grantor was recorded, a duplicate original of the deed must be recorded in the registry of deeds of that county at the same time this deed is recorded.
(c) An out-of-state transfer statement in substance following the form appended to this paragraph shall, when duly executed and recorded in the registry of deeds of the county in which the manufactured housing was previously located, have the force and effect of transferring title of the manufactured housing to the grantee, the grantee’s heirs, successors, and assigns and terminating the record title of the manufactured housing in such registry of deeds under circumstances by which the manufactured housing is relocated to a site outside of this state. No owner of land shall unreasonably withhold the consent required by this statutory form. No manufactured housing may be relocated to a site outside of this state unless all holders of liens, attachments, or incumbrances, if any, consent thereto in writing on the transfer statement.
Form for Out-of-State Transfer Statement
__________, of __________, County, State of __________, [for consideration paid,] grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, the __________ (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing, was situated at __________ (state name of park, if any, and street address), Town (City) __________ of __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing was situated is owned by __________ by deed __________ dated __________ and recorded at Book ___, Page ___ in the __________ County Registry of Deeds. __________ (wife) (husband) of said grantor, release to said grantee all rights and other interest therein.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
__________, owner of the tract or parcel of land upon which the aforesaid manufactured housing was situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
__________, holder of (lien, attachment, or encumbrance) hereby consent to the conveyance of the aforesaid manufactured housing, subject to condition that the aforesaid (lien, attachment, or encumbrance) shall remain in force and effect thereon.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
8 Statutory Form of Solar Skyspace Easement. Amend RSA 477:51 to read as follows:
477:51 Statutory Form of Solar Skyspace Easement. A recorded instrument in the following form shall be sufficient to create a solar skyspace easement. The authorization of this form shall not preclude the use of other forms for the creation of a solar skyspace easement.
(Form for solar skyspace easement)
__________, of__________county, state of__________, [__________for consideration paid,] hereby conveys, grants, and warrants to__________, __________of__________county, state of__________, a negative easement to restrict, in accordance with the following terms, the future use and development of the real property of grantor recorded in__________registry of deeds, vol.__________, page__________. The solar energy collector for which solar skyspace is to be protected is on the real property of grantee, which is recorded in registry of deeds, vol.__________, page__________, at the following locations:
____________________
____________________
____________________
The boundaries of the solar skyspace for the solar collector of grantee are as follows: (Description of boundaries with reference to applicable survey map, if any.)
(Alternative A)
No structure, vegetation, activity, or land use of grantor except utility lines, antennas, wires, and poles shall cast a shadow on a solar energy collector of grantee during the times specified unless such structure, vegetation, activity, or land use exists on the effective date of this easement and is not required to be removed or is excepted by the terms of this instrument. A shadow shall not be cast from 3 hours before noon to 3 hours after noon from September 22 through March 21 and from 4 hours before noon to 4 hours after noon from March 22 to September 21, all times being eastern standard time.
(or)
(Alternative B)
No structure, vegetation, activity, or land use other than those which exist on the effective date of this easement and which are not required to be removed or are excepted by the terms of this instrument shall penetrate the airspace at a height greater than over the real property of grantor.
Burdens and benefits of this easement are transferable and run with the land to subsequent grantees of the grantor and the grantee. This solar skyspace easement shall remain in effect until use of the solar energy collector is abandoned, provided it shall remain in effect for a period of at least 10 years, or until the grantee and grantor or their successors in interest terminate it. The solar energy terms used in this instrument are defined in RSA 477:49. The survey map depicting the affected properties and the boundaries of the protected areas of solar skyspace is incorporated by reference as part of this instrument.
Witness__________hand this__________day of__________, 20__________Witness:
(Here add acknowledgement)
9 Effective Date. This act shall take effect July 1, 2010.