How to Access Property Records in New Hampshire

What Information Can You Find in New Hampshire Property Records?

A property history search can reveal much about a property and its owners. Collecting information from the first owner can be fascinating and tell quite a tale.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

Deeds are the most common type of property record. They transfer ownership and verify the title. County registers of deeds receive, record, file, and make them accessible to the public.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Anyone who owns property in New Hampshire must pay taxes on it. These taxes pay for road maintenance, schools, emergency services, and government salaries. Because New Hampshire has no personal income or sales tax, it has the fourth-highest property taxes in the country. The state has an average effective property tax rate of 1.77%. Since the median property value is $534,689, the average homeowner pays $6,855 in property taxes yearly.

Local county tax assessors set tax rates, and town clerks bill property owners and collect payments. The New Hampshire Department of Revenue Administration oversees all local tax officials.

NewHampshire tax records contain the following information:

• Tax Rate - Each property is subject to a different taxing jurisdiction in the state. The document should identify the jurisdiction and its tax rate.
• Assessed Value - Assessors conduct property assessments to determine their value, which is used to calculate taxes. Therefore, the document will contain the property's assessed value.
• Tax Payment Methods - The document may include information on the accepted methods of paying property records.
• Tax Payment History - The record may indicate the payments made so far with dates and amounts specified.
• Property Details - The document should indicate the property's address, size, and any improvements.
• Owner Information - The record should also provide information about the property owner (s).

Building Permits and Regulations in New Hampshire

You must apply for a building permit before building anything new, renovating an existing structure, or demolishing a building. You can do so by contacting the local town or city building inspector's office to apply. You must complete an application and provide building plans, material lists, and other documentation before approval.

Property Liens and Encumbrances in New Hampshire

Liens are encumbrances that can negatively affect a property and its owners. Too many can reduce the property's value and make it very hard to sell. If liens lead to foreclosure, the owner's financial reputation can be ruined. There are two main types of property liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those that you have control over, like when you take out a loan or mortgage and agree to the lender putting a lien on the property. Even voluntary liens can lead to foreclosure and the loss of your home.

• Mortgage Liens - You will take out a mortgage if you borrow money to buy a home. You agree to the lien and use your house as collateral in return for the money. If you default on the loan, the lender will foreclose and sell the house to pay off the loan.

  A standard mortgage document contains the following information:

  • Borrower Information - The mortgage paperwork will include the names and contact information of the borrower (s) obtaining the loan.
  • Lender Information - The mortgage paperwork will identify the lender (s) supplying the loan funds.
  • Property Description - The mortgage paperwork will provide a complete legal description of the mortgaged property, including the address, borders, and any pertinent identifying information.
  • Loan Details - The document contains loan-related information such as the loan amount, interest rate, repayment duration, payment schedule, and specific terms or stipulations.
  • Encumbrances - Any existing encumbrances on the property, such as liens, judgments, or easements, that potentially influence the loan or the property's title may be mentioned in the mortgage agreement.

Involuntary Liens

Involuntary liens are not within your control. They are imposed on the property as a result of some money you owe. These types almost always lead to foreclosure and the loss of your home.

• Mechanic's Liens - Landscapers, architects, material suppliers, and contractors can use a mechanic's lien to get paid if they do work for you and you refuse to pay them. They must follow a tight timeline and sue you in court to enforce the lien. If they win in court, they can foreclose and sell your house to pay off the debt.
• Tax Liens - Everyone must pay property taxes each year. If you fail to pay them in New Hampshire, the tax authority can impose a tax lien, and eventually, they will foreclose and sell your property at auction for far less than fair market value.
• Judgment Liens - Creditors can use judgment liens the same way contractors use mechanic's liens. If you owe a company money, they can first impose a lien and then sue you in court. If they win, they can foreclose and sell your property to get their money back.

The Process of Property Liens in New Hampshire

The process of placing a lien on a property differs depending on the type of lien. Here is what a tax lien would entail:

• After the property owner receives a notice 30 days post the date of delinquency, they receive a Notice of Impending Lien. The letter includes the taxes owed plus the cost of preparing the notice and deadline.
• If the property owner does not pay the lien by the deadline, the tax collector places and files a lien with the County Registry of Deeds. With the lien placement, interests increase to 14% annually.
• After 45 days of placing the lien, the municipality sends notice to other existing lien holders to ensure priority over other holders. The cost of sending lien notices to other claimants is added to the tax claim.
• The municipality begins deeding the property if the debt remains unpaid for two years. As directed by the New Hampshire Revised Statutes Annotated, this process involves a series of notices and costs.

Easements and Covenants

Easements and covenants are other items of interest you will find in property records. These usually accompany deeds and must be disclosed to buyers before closing.

Easements are rights of way that allow someone other than the owner to access the property for a specific purpose. A good example would be a wireless company with cell phone towers installed on private land. The company can enter the property anytime to maintain its towers without first asking.

Covenants are rules about how the land can be used. If you buy a condo or move to a gated community, you must agree to certain covenants. An example might be prohibited paint colors on the outside of your home.

Plats and Surveys

Plats and surveys are both maps. The difference is that plats show the boundaries of all the neighboring properties plus the target property, and surveys show only the boundary of the target property.

The following information usually appears in a standard survey document:

• Surveyor Information - The survey document may open with information on the licensed surveyor or surveying business in charge of the survey. The surveyor's name, contact details, license number, and professional seal are all included.
• Property Description - The survey document includes a legal description of the property being surveyed. This description may consist of lot numbers, metes and bounds, references to neighboring properties, and other characteristics that identify the property's borders.
• Border Measurements - The survey record may include accurate measurements of the property borders, such as the lengths of each boundary line, angles, and coordinates. This data assists in determining the exact dimensions and shape of the property.
• Makers - The survey document identifies and describes the physical monuments or markers discovered on the land. Markers such as iron pins, concrete monuments, or natural features determine the property's corners or crucial locations.
• Easements and Encroachments - If the property has easements or encroachments, the survey document usually mentions their location and dimensions. This information identifies rights-of-way, utility lines, or other shared uses that may influence the land.

Property Descriptions and Boundaries in New Hampshire

Each property in New Hampshire has its own legal description. These descriptions appear in deeds, mortgages, appraisals, and other documents. They include map coordinates of where the property is plus a written description including natural landmarks and other items to ensure that someone can find it.

Surveys measure land and provide exact map coordinates and boundaries. They are used before new construction, when installing underground utilities, and in boundary disputes.

Boundary disputes are common. They occur when one party believes another is trespassing on their land. These can sometimes end up in court, where a judge must decide the fate of the two. The courts rely on professional surveyors to provide expert testimony about where the boundaries lie.

Foreclosures

Foreclosures appear in public property records for anyone to see. They can be embarrassing for the owner, lower the property's value, and make it harder to sell. Many people won't want to deal with the hassles of buying a foreclosure property. All the liens must be satisfied before the sale can close.

Pre-foreclosure homes are in foreclosure but haven't yet been sold at auction. This period presents an opportunity for investors to buy the house cheaply and sell it for a profit.