New Hampshire: Deed Execution and Recording Formalities

Requirements one by one

Governing law and scope

New Hampshire's deed rules are compact and sit almost entirely in one chapter. Execution and recording
are governed by RSA Title XLVIII, ch. 477 (Conveyances of Realty): real estate "may be conveyed by
deed executed by any person or by his attorney, acknowledged and recorded" (§ 477:1), with execution
in § 477:3 and recording and priority in §§ 477:3-a and 477:7. The one marital-signature rule lives in
a different title — the homestead statute, RSA 480, § 480:5-a. Recording is done at the county
registry of deeds. This page covers an ordinary present transfer of a fee interest by an individual
owner; mortgages, and fiduciary, foreclosure, and tax deeds run on their own rules.

Writing and grantor signature

A New Hampshire deed is a written instrument signed by the grantor. "Real estate may be conveyed by
deed executed by any person or by his attorney, acknowledged and recorded as directed in this chapter,
without any other act or ceremony whatever" (§ 477:1), and "every deed or other conveyance of real
estate shall be signed by the party granting the same ... and shall show the mailing address of the
grantee" (§ 477:3). So the grantor — or the grantor's attorney — signs a written deed that carries the
grantee's mailing address. No seal is required: "any conveyance not executed under seal shall be as
effectual as though sealed" (§ 477:1).

Witnesses

New Hampshire needs no witnesses to sign a deed. A 1988 amendment removed the old attestation
requirement, and § 477:7 now provides that deeds "acknowledged and recorded ... but which were not
attested to, shall be considered valid." The curative statute confirms the point by listing "not
witnessed" among the defects it cures (§ 477:16). There is no two-witness execution rule like the ones
in neighboring Vermont and Connecticut.

Acknowledgment or notarization

Acknowledgment is what lets a deed bind third parties and be recorded — it is not required for validity
between the parties. Section 477:3 directs that a deed be "acknowledged by the grantor before a justice,
notary public or commissioner," but § 477:7 keeps an unacknowledged, unrecorded deed "valid to hold the
same against any person but the grantor and his heirs only" — in other words, valid between the parties.
To hold against anyone else, the deed must be "acknowledged and recorded" (§ 477:7). An unacknowledged
but otherwise duly executed deed may even be recorded and is "as effectual as if duly acknowledged" for
60 days (§ 477:10).

Spouse, homestead, and marital joinder

New Hampshire's marital-signature rule is a homestead rule. "No deed shall convey or encumber the
homestead right, except a mortgage made at the time of purchase to secure payment of the purchase money,
unless it is executed by the owner and wife or husband, if any, with the formalities required for the
conveyance of land" (§ 480:5-a). So if the property is the couple's homestead, both spouses must sign
the deed — the statutory quitclaim form even has the spouse "release to said grantee all rights of
homestead" (§ 477:28). The homestead right protects $400,000 of value, up to $550,000 for a couple
(§ 480:1). Property that is not the homestead may be conveyed by the titled owner alone.

Signing through an agent or representative

An agent can sign a New Hampshire deed under a written, acknowledged power of attorney. Section 477:1
lets a deed be "executed by any person or by his attorney," and "every power of attorney to convey real
estate must be signed and acknowledged, and may be recorded as required for a deed" (§ 477:9). Recording
the power of attorney is permissive — "may be recorded," not must — but it is customary so the agent's
authority appears in the chain of title. New Hampshire's Uniform Power of Attorney Act is RSA 564-E.

Recording office and statewide content

Record the deed with the registry of deeds for the county where the land lies. "Every deed or other
conveyance of real estate ... shall be recorded at length in the registry of deeds for the county or
counties in which the real estate lies" (§ 477:3-a); the deed must be acknowledged and show the
grantee's mailing address (§ 477:3); and if the homestead is being conveyed, both spouses must have
executed it (§ 480:5-a). County recording fees and the state real-estate transfer tax (RSA 78-B, with a
Declaration of Consideration filed with the Department of Revenue Administration) are handled at
recording — confirm current requirements with the registry.

Nonrecording effect and defect cures

New Hampshire's recording act is a notice act. A signed, delivered deed is valid between the parties
even unrecorded, but a deed "shall not be effective as against bona fide purchasers for value until so
recorded" (§ 477:3-a), and § 477:7 makes an unrecorded, unacknowledged deed "valid to hold the same
against any person but the grantor and his heirs only." So a later good-faith purchaser for value can
defeat an earlier unrecorded deed — record promptly. Cures: an unacknowledged but duly executed deed may
be recorded and is effectual for 60 days as if acknowledged (§ 477:10); and after 10 years on record, a
deed defective for want of a consideration recital, acknowledgment, witnessing, or seal "shall ... be
valid" (§ 477:16), though that cure does not disturb rights others acquired in the meantime. Recording
cures no forgery, incapacity, or lack of title.

What trips people up

• The homestead needs both spouses' signatures. Under § 480:5-a a deed cannot convey or encumber the
  homestead right unless "the owner and wife or husband" both execute it. On the family home, one
  spouse's signature is not enough, even if only that spouse is on the title.
• Acknowledgment is about third parties, not the grantor. An unacknowledged deed is still good
  between you and your grantee and even against your heirs (§ 477:7), but it will not protect you against
  a later buyer until it is acknowledged and recorded.
• The 60-day window for an unacknowledged deed. Section 477:10 lets you record an unacknowledged but
  duly executed deed, but it is only "as effectual as if duly acknowledged" for 60 days — fix the
  acknowledgment promptly rather than relying on that window.
• Show the grantee's mailing address. Section 477:3 makes the grantee's mailing address part of a
  properly executed deed; a registry may reject a deed that omits it.

Common questions

Do I need witnesses to sign a New Hampshire deed?
No. New Hampshire dropped its attestation requirement in 1988, and § 477:7 treats non-attested deeds as
valid. You need the grantor's signature and, to record, a notary's (or justice's) acknowledgment
(§§ 477:3, 477:7).

Does my spouse have to sign if the house is only in my name?
If it is your homestead, yes. Section 480:5-a bars a deed from conveying or encumbering the homestead
right unless both the owner and the spouse execute it. Property that is not a homestead can be conveyed
by the titled owner alone.

Is a signed-but-unrecorded New Hampshire deed valid?
Between you and your grantee, yes — and even against your heirs (§ 477:7). But New Hampshire is a notice
state, so a later good-faith purchaser for value can defeat an unrecorded deed (§ 477:3-a). Record it at
the county registry to protect your priority.

Where do I record a New Hampshire deed?
At the registry of deeds for the county where the land sits (§ 477:3-a). The deed must be acknowledged
and show the grantee's mailing address (§ 477:3); confirm fees and the transfer-tax declaration with the
registry.

Statutes and sources

• N.H. Rev. Stat. Ann. § 477:1 — real estate may be conveyed by deed executed by the owner or an attorney; no seal required.
  https://gc.nh.gov/rsa/html/XLVIII/477/477-1.htm (accessed 2026-07-16)
• N.H. Rev. Stat. Ann. § 477:3 — a deed must be signed, acknowledged before a justice/notary/commissioner, and show the grantee's mailing address.
  https://gc.nh.gov/rsa/html/XLVIII/477/477-3.htm (accessed 2026-07-16)
• N.H. Rev. Stat. Ann. § 477:3-a — deeds are recorded at the county registry and are not effective against bona fide purchasers for value until recorded.
  https://gc.nh.gov/rsa/html/XLVIII/477/477-3-a.htm (accessed 2026-07-16)
• N.H. Rev. Stat. Ann. § 477:7 — an unacknowledged, unrecorded deed is still valid against the grantor and his heirs; non-attested deeds are valid.
  https://gc.nh.gov/rsa/html/XLVIII/477/477-7.htm (accessed 2026-07-16)
• N.H. Rev. Stat. Ann. § 477:9 — a power of attorney to convey real estate must be signed and acknowledged and may be recorded as a deed.
  https://gc.nh.gov/rsa/html/XLVIII/477/477-9.htm (accessed 2026-07-16)
• N.H. Rev. Stat. Ann. § 477:10 — an unacknowledged but duly executed deed may be recorded and is effectual as acknowledged for 60 days.
  https://gc.nh.gov/rsa/html/XLVIII/477/477-10.htm (accessed 2026-07-16)
• N.H. Rev. Stat. Ann. § 477:16 — a deed on record 10 years is validated despite a missing consideration recital, acknowledgment, witnessing, or seal.
  https://gc.nh.gov/rsa/html/XLVIII/477/477-16.htm (accessed 2026-07-16)
• N.H. Rev. Stat. Ann. § 477:28 — statutory quitclaim-deed form, including the spouse's release of homestead rights.
  https://gc.nh.gov/rsa/html/XLVIII/477/477-28.htm (accessed 2026-07-16)
• N.H. Rev. Stat. Ann. § 480:1 — the homestead right is $400,000 of value, up to $550,000 for a couple.
  https://gc.nh.gov/rsa/html/XLIX/480/480-1.htm (accessed 2026-07-16)
• N.H. Rev. Stat. Ann. § 480:5-a — the homestead right can be conveyed or encumbered only by a deed the owner and spouse both execute.
  https://gc.nh.gov/rsa/html/XLIX/480/480-5-a.htm (accessed 2026-07-16)