1. NH Real Estate:
Recor ded
Documents
Presented by: Derek Massey

2. Disclaimer
 These slides were created to help the NH
real estate practitioner gain a general
and cursory understanding of typical
recorded documents in a typical
transaction. For specific questions or
issues, one should always seek the
advice of counsel.

3. The Documents
 Deeds
 Easements
 Protective or Restrictive Covenants
 Plans

4. Deed Types
 Warranty Deed
 Quitclaim Deed
 Fiduciary Deed
 Mortgage Deed
 Foreclosure Deed

5. Warranty Deed
 Warranty Covenants
1. Seisin: I own the property.
2. Right to Convey: I can give it to you.
3. Against Encumbrances: No one else has an
interest.
4. Warranty: I defend title to property.
5. Quiet Enjoyment: No one will bug you later.
6. Further Assurances: If I need to step in, I
will.

6. Quitclaim Deed
 Simply put….
 “I’m giving you what I have.”

7. Does it matter?
 Before Title Insurance…
 After Title Insurance…

8. Pop Quiz
“I received title to my property via a
Quitclaim Deed. May I give my buyer a
Warranty Deed?”
If you said “NO!”, you’re……
WRONG!

9. Fiduciary Deed
A conveyance in which the person signing the deed is
doing so on behalf of another person (real person, trust or
estate)

10. Mortgage Deed
“Borrower does hereby mortgage, grant and convey to
Lender with mortgage covenants….”

11. Foreclosure Deed

12. Common Deed
Problems
 Lack of marital status/homestead release
 Faulty acknowledgment
 Improper legal description
 Lack of authority of signer (ie Trustee
must sign on behalf of trust)
 Lack of tenancy of multiple grantees

13. Easements
An interest in land owned by another
person, consisting in the right to use or
control the land, or an area above or
below it, for a specific limited purpose.

14. Common easements
 Access easement / Right of Way
 Shared driveway
 Utility easement
 Light and air easement

15. “ Subject To” v.
“Together With”
 Subject to: The easement burdens your
property for the benefit of another.
 Together with: The easement (or
additional right or property) is in addition
to the main parcel of land.

16. Restrictive Covenants
 A private agreement – usually in a deed
or lease – that restricts the use or
occupancy of real property by specifying
lot sizes, building lines, architectural
designs and the uses to which the
property may be put.

17. Where are they found?
 In the body of the deed itself
 In a recorded “Declaration of Covenants”

18. Some legal restrictive
covenants
1. The premises shall be used for residential purposes only.
3. The premises shall be used for single family occupancy; no
multiple use dwelling shall be permitted.
1. No mobile homes, trailers or temporary structures shall be
permitted on the premises.
1. No nuisance or offensive or noisy trade, calling or transaction
shall be done, suffered or permitted.
1. No trees greater than six (6) inches in diameter shall be cut
down.

19. Not so much…

20. Plans
 When is a “plan” required?
 Subdivisions
 Lot Line Agreements
 Condominiums (Site and Floor)

21. Listing Questionnaire
 Do I have a copy of the recorded deed?
 What type of deed is it?
 Has seller obtained any additional property
that he intends to sell?
 Has seller deeded out any lots or parcels?
 Are there any easements (subject to or
together with)?
 Are there any protective covenants?
 Does seller have an owner’s title insurance
policy?

22. Questions?
Derek.Massey@MSSG.com
www.MSSG.com | www.MSSGBlog.com