Catherine A. Berube, Register | Lynn Williams, Deputy Register
259 County Farm Road, Suite 202
Dover, New Hampshire 03820
Tel. (603)742-1741 Fax (603)749-5130
Office hours – Monday through Friday 8:30 am – 4:30 pm
Rates & Fees
|General Recording Requirements|
1–NH RSA 478:4 Recording
2–NH RSA 478:4a. FORM OF RECORDS
6–REGISTER OF DEEDS
8–RECORDING FEES-SEE NEW SECTION EFF. 8/8/93
9–NEW SECTION RSA 478:17-J REGISTER OF DEEDS EQUIPMENT ACCOUNT
STRAFFORD COUNTY REGISTRY OF DEDS
In order to furnish the best possible service to the public, this office is enforcing strict, literal interpretation of the following statutes relating to the recording of documents in the State of New Hampshire. Your compliance with these statutes would greatly simplify this important job. Thank you.
I. NH RSA 478:4 Recording. “Should be on material, with markings, and of a size, to insure suitable, permanent recording thereof”.
NH RSA 478:4-a II All documents shall be suitable for reproduction as determined by the Register of Deeds, who shall provide guidelines concerning document quality.
In order to insure suitable, permanent recording of all original documents presented for recording in this Registry of Deeds, and in order to insure the capability of reproducing copies thereof for use in your profession, the following requirements MUST be met: NATIONAL RECORDING STANDARDS ARE IN THE PROCESS OF BEING ADOPTED IN NH, UNTIL THEN THE FOLLOWING GUIDELINES MAY BE USED.
1. White paper of durable weight. (Neither sheer copy nor onionskin is Suitable).
2. Clean typewriter or printer with ribbon in GOOD condition which produces sharp, clear BLACK print.
3. Signatures executed in BLACK OR BLUE ink.
4. Seals impressed firmly and clearly. Justice & Notary expirations printed clearly in BLACK ink.
5. ORIGINAL documents only, NO Machine or carbon copies, NO Fax copies or Copies of fax documents allowed. A certified copy MAY be accepted at the Register’s discretion, when the original document is on record in another governmental office.
6. Sufficient margins of at least three inches at the top of the document to allow space for docket markings. Sufficient margins on the sides of the document of at least one inch to allow space for book and page and sufficient room on the page to allow for complete capture of all information within the parameters of either letter or legal size paper.
7. Be extremely careful when affixing additional paper to a document to complete a description, etc. Do not cover any pertinent information. It is usually better to add a new page, referring to “See Exhibit A’ or See attachment”.
8. Paper size not to exceed legal size of 8 ½ x 14, letter size paper of 8 ½ x 11 preferred, but not required.
9. Reduced print is Not Acceptable. These are reduced even further when microfilmed.
10. The writing, print or type shall be of a size no smaller than the equivalent of ten-point Times New Roman, except that this requirement shall not apply to page numbering or to any of the following that are not part of the headings or text of the document: document or form name or number; name, address and/or telephone number of the printer or producer of the document; directions for placement or recording data or for filling in of blanks; or other non-textual notations.
II. NH RSA 478:4a. FORM OF RECORDS Strict, Literal interpretation of the three points contained in this statute is required.
I. The Register of Deeds shall NOT accept a deed or instrument for filing and recording UNLESS it recites the following information.
(A) The latest mailing address of the grantees named in the deed or instrument.
(B) In the first sentence of the first description paragraph, the names of ALL Municipalities in which the property is located.
(C) The name of each person signing the deed or instrument as a party to the transaction printed or typewritten under the signatures.
Letters A & C are self-explanatory. Letter B means the names of ALL Municipalities wherein ALL of the real property being transferred is located SHALL be recited in a separate sentence at the BEGINNING of the description.
i.e. One or more parcels in one town- Certain parcel/s of land situated in Dover.
One or more parcels situated in more than one town- Certain parcels of land situated in Dover, Rochester and Somersworth.
***Checks for $500 or greater are to be certified or from a trust account. ***
III. NH RSA 78-B:1 A tax is imposed upon the sale, granting and transfer of real estate and any interest therein, other than by devise or by the laws regulating interstate succession and descent. The rate of the Tax is .35 per $100 or fractional part thereof, of the price or consideration for such sale, grant or transfer: except that where the price or consideration is $4,000. Or less, there shall be a minimum tax of $14.00. Notwithstanding the foregoing provisions, there shall be no tax as exempted by RSA 78-B:2.
RATE OF TAX FOR BIENNIUM EFFECTIVE JULY 1,1999
Notwithstanding the provisions of RSA 78-B:1, for the period beginning July 1,1999 and ending June 30, 2001, the rate of the tax is $.75 per $100. or fractional part thereof, of the price or consideration for such sale, grant or transfer: Except that where the price or consideration is $4,000 or less, there shall be a minimum tax of $20.00.
ie. TOTAL TAX EQUALS $ 15.00 PER $ 1,000. Of purchase price or $40.00 for $4,000. Or less purchase price.
NH RSA 78-B:4 I. The purchaser, grantee, assignee or transferee of any real estate or any interest in real estate shall buy and attach stamps or other indicia approved by the commissioner of revenue administration to the instrument by which the real estate or interest in real estate is sold, granted, assigned or transferred. The stamps or other indicia shall indicate the full consideration paid for the real estate or interest in real estate. The amount paid for each stamp shall be computed to the nearest whole dollar.
NH RSA 78-B:4 II. The seller, grantor, assignor or transferor of any real estate or any interest shall buy and attach stamps (rest of section II same as Section I).
NH RSA 78-B:4 III. Payment of tax. The rate of tax established in RSA 78-B:1 shall apply to both the purchaser, grantee, assignee or transferee and the seller, grantor, assignor or transferor.
IV. PARTIAL RELEASES, Discharges of Mortgages or attachments, etc. should have accurate reference to the document being discharged.
V. RECORDING PLANS
NH RSA 478:1:A Recording of Plats. No register of deeds shall file or record a plat of a subdivision, or a plat prepared for the purpose of showing existing property lines, if such plat has not been prepared and certified by a licensed land surveyor since July 1, 1981, or by a registered land surveyor between Jan. 1,1970 and June 30, 1981, and any such filing or recording shall be void. For the purpose of this section the definition of the word “subdivision” shall be that contained in RSA 672:14.
NH RSA 478:13:a Recording of plans. At the option of each county delegation, all plans submitted for recording in the registry of deeds shall be on suitable reproducible tracing material other than paper with a thickness of not less than .002 of one inch, with all markings on the material to be with India or other PERMANENT INK. The size of all plans is limited to any of the following dimensions:
1. “8 ½ x 11”
2. “11 x 17”
3. “17 x 22”
4. “22 x 34”
Or such specifications and sizes of prints as may be required by the register of deeds in order to insure suitable permanent records.
REGISTRY REQUIREMENTS REGARDING PLANS
In order to insure permanent and archival quality, as well as suitable reproduction, the following requirements MUST be met:
1. Original (Mylar or Linen) or photographic (Wash off) mylar and paper reproductions are acceptable.
2. The Plan MUST be drawn with PERMANENT BLACK INK.
3. The plan must have ORIGINAL SIGNATURES IN PERMANENT BLACK INK.
4. No diazo or xerographic plans will be accepted.
Wash offs and inkjet plans are acceptable
5. No affixed transparencies will be accepted.
674:37 Recording of Plats. After the certificate of notice referred to in RSA 674:35, II and the regulations referred to in RSA 674:36 have been filed with the appropriate recording officials, no plat shall be filed or recorded UNLESS IT IS PREPARED AND CERTIFIED BY A LICENSED LAND SURVEYOR since July 1,1981, or be a Registered Land Surveyor between Jan. 1,1970 and June 30,1981 AND until it has been approved by the planning board and such approval has been endorsed in writing on the plat in such manner as the planning board may designate, except as provided in RSA 676:18 II and III. The filing or recording of a plat or of a subdivision without the requisite approval of the planning board, OR WHICH HAS NOT BEEN PREPARED AND CERTIFIED BY A LICENSED LAND SURVEYOR, OR by a Registered land surveyor as provided in this section shall be void. (Eff. 1/1/96)
OTHER SURVEY RECORDING REQUIREMENTS
All plans should have a minimum 1/2″ margin on all sides.
The text size should be no smaller than L80 or .08 of an inch for mechanical drafting or 1/8″ for hand drafted plans.
All certifications, seals and approvals blocks shall have original signatures.
All title blocks shall indicate the current owner of record, title of plan if applicable and the town or city location of the property, type of survey, ie:Boundary, Subdivision, Alta, Lot Line Adjustment etc.
All plans shall have a scale with a graphic and written representation of same.
All plans shall have a North arrow with a reference to magnetic, true or grid North as applicable.
There shall be no shading or coloring on any plat. Crosshatching or other hatching at a scale large enough not to interfere with the reading of any data on the plan may be permitted.
Under no circumstances shall any lines, whether they are topographic, descriptive or hatching, be permitted to go through or obstruct any bearings, dimensions or monuments described on any plat.
All plats shall contain but not be limited to those items as they appear in Lan 503.09 plats of the N.H. Administrative Rules of the Joint Board of Licensure for Land Surveyors.
All markings on the plan should have the same density ink, no combinations of bold and light print will be allowed.
All surveyors seals should be clearly applied so name and license number is clearly legible and reproducible.
676:18 REGISTER OF DEEDS
I. A Register of Deeds who files or records a plat of a subdivision without the approval of a planning board shall be guilty of a misdemeanor.
II. Notwithstanding the provisions of paragraph I, the Register of Deeds shall accept for recording a plat PREPARED AND CERTIFIED BY A LICENSED LAND SURVEYOR OR by a former Register land surveyor IF SUCH PLAT BEARS A CERTIFICATE by a LICENSED or Registered land surveyor that this survey plat is not a subdivision pursuant to this title and that the lines of streets and ways shown are those of public or private streets or ways already established and that no new ways are shown. The recording of any such plat shall not relieve any owner from compliance with the provision of this chapter. Amended and Eff 1/1/96.
II-a. Notwithstanding the provisions of paragraphs I or II. The Register of Deeds may accept for recording a plat without the Licensed land surveyors seal IF such plat was in existence on *December 31,1969*, Or if the plat has been incorporated into deeds or other instruments recorded BEFORE town zoning ordinances OR planning board subdivision regulations, or both, became effective in that particular town. (New eff. 7/7/89 amend eff. 6/5/90)
III. The certificate by a Licensed land surveyor shall be in the following form:
“I certify that this survey plat is not a subdivision pursuant to this title and that the lines of streets and ways shown are those of public or private streets or ways already established and that no new ways are shown”.
Licensed Land Surveyor
IV. Prior to recording any plat in the Registry of Deeds, the Surveyor SHALL file, for information purposes only, a copy of the survey with the town planning board.
V. All decisions of the district, superior, and supreme courts which affect property boundaries, shall be recorded by the Register of Deeds in the Registry of deeds for the County in which the site is situated and, upon recordation, such decision shall run with the land. Subsequent to any probate court decision creating divisions of land, a survey plat shall be prepared by a Licensed land surveyor, which, if approved by the probate court, shall be recorded along with the courts’ decision, at the Registry of Deeds without local planning board approval. The recording of such decision or plat, however, shall not be deemed to authorize any transfer or development of the property in violation of any applicable local land use regulations adopted pursuant to this title. New sec. Eff. 7/7/89 Rev. eff. 1/1/96
478:1-a Recording of Plats. No Register of Deeds shall file or record a plat of a subdivision, or a plat prepared for the purpose of showing existing property lines, if such plat has not been prepared and certified by a licensed land surveyor since July 1,1981, or by a Registered land surveyor between Jan.1.1970 and June 30,1981, and any such filing or recording shall be void. For the purpose of this sections the definition of the word “subdivision” shall be that contained in RSA 672:14. New sec. Eff. 1/1/96
I. “Subdivision” means the division of the lot, tract, or parcel of land into 2 or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance or building development. It includes resubdivision and, when appropriate tot eh context, relates to the process of subdividing or to the land or territory subdivided.
II. The division of a parcel of land held in common and subsequently divided into parts among the several owners shall be deemed a subdivision under this title.
III. The grant of an easement in gross to a public utility for the purpose of placing and maintaining overhead and underground facilities necessary for its transmission or distribution network such as poles, wires, cable, conduit, any unmanned structure which is less than 200 square feet, shall not be construed as a subdivision under this title, and shall not be deemed to create any new division of land for any other purpose.
*****As of September 1, 2011 we now are accepting paper as another medium for recording surveys. All other standards that previously applied remain the same. The only difference now is that plans may be recorded from mylar or paper. Please feel free to contact the Registry with any questions that you may have.*****
RECORDING FEES-SEE NEW SECTION EFF. 8/8/93
478:17-g Fees: Unless otherwise specified, the Register of Deeds shall be entitled to the following fees;
NOTE – Returned postage or a SASE is required for all documents being recorded.
I. For recording each deed, mortgage, attachment of real estate, lease, agreement, assignment, release, partial discharge, or any like document, $ 10.00 for the first page, plus $ 4.00 for each additional recorded page, except that assignments of mortgages shall be $ 10.00 for the first assignment per recorded document, plus $ 5.00 for each subsequent mortgage being assigned, plus $ 4.00 for each additional recorded page. The complete discharge of a mortgage, filings pursuant to RSA 382-A, or discharge of a lien shall be $ 15.00. Filing officers shall be entitled to a $ 4.00 charge for each additional page of filing pursuant to RSA 382-A. These charges shall include all charges for information furnished in compliance with RSA 478:14. Amend. Eff 7/16/89 Amend Eff. 2/21/90
II. For recording plans. $ 9.00 for the first 200 square inches or part thereof and $ 2.50 for each additional 100 square inches or part thereof. Amend. Eff 7/16/89
1. 8 ½ x 11″
2. 11 x 17″
3. 17 x 22″
4. 22 x 34″
III. For copying any document or providing any other service, the charge shall be established and posted by the Register of Deeds.
NEW SECTION RSA 478:17-J REGISTER OF DEEDS EQUIPMENT ACCOUNT
I. The provisions of this section shall apply in a County only after they have been approved by a majority vote of both the County Commissioners and the County Convention.
II. (A) There is hereby established in the County treasury a Register of Deeds equipment account. If the County Commissioner and the County Convention vote to adopt the provisions of this sections, the Register of Deeds shall impose a surcharge not to exceed $ 2.00, the exact amount of which shall be set by the Register, for recording each document for which the Register of Deeds imposes a fee under RSA 478:17-g. The surcharge shall be on a per document, and not on a per page basis. After the surcharge is adopted, it shall take effect on the first day of January following the annual budget acceptance by the County Convention. Each Register of Deeds shall provide reasonable public notice that a surcharge shall be imposed along with the exact amount of the surcharge, at least 60 days prior to the date on which the surcharge takes effect.
(B) Once each month, the Register of Deeds shall pay over to the County treasurer all surcharges paid to the Register. All surcharges received by the County treasurer shall be deposited in the Register of Deeds equipment account.
(C) The Register of Deeds equipment account shall be a separate, non-lapsing account, and the moneys in the account shall not be available for use as general revenue to the County. All interest earned on the account shall be credited to the equipment account. The moneys in the account shall be appropriated only for the use of the office of the Register of Deeds, and any such appropriation shall require prior approval by a majority vote of both the County Commissioners and the County Convention. Moneys in the account may only be used for the purchase, rental or repair of equipment.
III. The Register of Deeds shall not impose the surcharge, which shall not exceed $ 2.00 as provided in paragraph II, whenever the moneys in the equipment account exceed $500,000.00.
Approved June 9,1993
Effective August 8,1993