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.