Special Warranty Deed

SPECIAL WARRANTY DEED

State of New Hampshire

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

REAL ESTATE TRANSFER TAX DECLARATION

Declaration of Consideration (Required)

The total dollar amount of the actual sale price is: $_______________

☐ Real Estate Transfer Tax has been paid.
☐ This transfer is exempt from Real Estate Transfer Tax.

Tax Calculation:

• Grantor's Tax (0.75%): $_______________
• Grantee's Tax (0.75%): $_______________
• Total Transfer Tax (1.5%): $_______________

SPECIAL WARRANTY DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Special Warranty Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Residency Status (Required for tax purposes):
☐ Resident of New Hampshire
☐ Non-resident of New Hampshire (withholding may apply)

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person
☐ A married person
☐ An unmarried person

Vesting (Per RSA 477:18, co-ownership is tenancy in common unless otherwise specified):
☐ A single person
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby GRANTS, BARGAINS, SELLS, AND CONVEYS with SPECIAL WARRANTY COVENANTS to Grantee, and Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, situated in the Town/City of _________________, County of _________________, State of New Hampshire, described as follows:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

Prior Deed Reference (for chain of title):
Being the same premises conveyed to Grantor by deed of _________________________ dated _________________, 20_____, and recorded in the _________________ County Registry of Deeds at Book _______, Page _______.

also known by street and number as: _____________________________________________

Tax Map _______, Lot _______

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

Grantor hereby covenants with Grantee that:

(a) Grantor holds title to the property in fee simple;

(b) The property is free from encumbrances made or suffered by Grantor, except those noted herein;

(c) Grantor WARRANTS AND WILL FOREVER DEFEND the property against the lawful claims and demands of all persons claiming by, through, or under the Grantor, but against none other.

Section 3.2 Distinction from Warranty Deed

Unlike a warranty deed under RSA 477:27, this Special Warranty Deed only guarantees the title against claims that arose during the time the Grantor held title to the property. This deed provides more protection than a quitclaim deed under RSA 477:28, which makes similar guarantees but does not guarantee that the Grantor is seized of the property in fee simple.

Section 3.3 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. The warranties contained herein are LIMITED to the period during which the Grantor owned the property. This deed does NOT contain full warranty covenants. The Grantor does NOT warrant against defects, liens, encumbrances, or claims arising prior to Grantor's ownership of the property.

Section 3.4 Statutory References

This conveyance is made pursuant to and in accordance with:

• RSA 477:18 (Co-ownership presumptions)
• RSA 477:27 (Statutory form of warranty deed - for comparison)
• RSA 477:28 (Statutory form of quitclaim deed - for comparison)
• RSA Chapter 478 (Recording standards)
• RSA 78-B:1 (Real Estate Transfer Tax)
• RSA 74:18 (Inventory of Property Transfer)
• RSA 148:5-a (Spousal interest waiver)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Spousal Waiver (if applicable, per RSA 148:5-a)

☐ Not applicable - Grantor is unmarried
☐ Spouse joins in this conveyance
☐ Spousal waiver of interest is included below:

The undersigned spouse of the Grantor hereby releases and waives all right, title, and interest in and to the above-described premises.

_____________________________________________
Spouse's Signature

_____________________________________________
Spouse's Printed Name

Section 5.2 Required Tax Filings

☐ Form PA-34 (Inventory of Property Transfer) will be filed with the Department of Revenue Administration within 30 days of recording (RSA 74:18)
☐ Copy of Form PA-34 will be filed with the local assessing official

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor(s) have executed this Special Warranty Deed on the date first written above.

GRANTOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 New Hampshire Acknowledgment (Individual)

STATE OF NEW HAMPSHIRE
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, the undersigned Notary Public, personally appeared _____________________________________________, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose.

_____________________________________________
Notary Public, State of New Hampshire

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 New Hampshire Acknowledgment (Entity)

STATE OF NEW HAMPSHIRE
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, the undersigned Notary Public, personally appeared _________________________, who being by me duly sworn, did say that he/she is the _________________________ [title] of _________________________ [entity name], and that said instrument was signed in behalf of said entity and acknowledged said instrument to be the free act and deed of said entity.

_____________________________________________
Notary Public, State of New Hampshire

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment (Per RSA 456-B)

STATE OF _________________
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public, personally appeared:

_____________________________________________

known to me (or proved to me) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged the execution thereof.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Town/City of _________________, County of _________________, State of New Hampshire

NEW HAMPSHIRE RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Note: NH Housing Finance Authority is exempt from recording fees. Federal, State, Towns, and Municipalities are exempt from State of NH L-CHIP fee.

Real Estate Transfer Tax (RSA 78-B)

Example: $300,000 sale = $4,500 total transfer tax ($2,250 each party)

Required Tax Forms

1. Real Estate Transfer Tax Declaration of Consideration - Required for both Grantor and Grantee (RSA 78-B:1)
2. Form PA-34 (Inventory of Property Transfer) - Grantee must file with NH DRA within 30 days of recording, and file copy with local assessing official (RSA 74:18)

Nonresident Grantor Requirements

Transfers by nonresidents may be subject to withholding requirements. A residency affidavit from the grantor is recommended for all transactions.

Important Legal Notes

1. Constructive Notice: Recording provides constructive notice of the conveyance.

2. Co-Ownership: A grant to two or more persons creates a tenancy in common unless joint tenancy is expressly stated (RSA 477:18).

3. Spousal Interest: Consider spousal waiver under RSA 148:5-a if applicable.

4. Title Insurance: Grantees should consider obtaining title insurance, especially given the limited warranty nature of this deed.

5. Attorney Review: The examination of title for marketability and drafting of a deed constitute the practice of law. Consultation with a licensed New Hampshire attorney is strongly recommended.

6. Municipal Recording: Unlike other states, New Hampshire records documents at the county level through the Registry of Deeds.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed New Hampshire attorney before using this form.