Sullivan County | Recording Statutes

478:1-a Recording of Plats. (Effective January 1, 2005)
I.
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, l981, or by a registered land surveyor between January 1, l970 and June 30, l981, and any such filing or recording shall be void. For the purposes of this section the definition of the word “subdivision” shall be that contained in RSA 672:14. A ‘‘plat’’ for the purpose of this section shall be a map of a specific land area whose boundaries are defined by metes and bounds. A plat may show:
(a) Newly created parcels, streets, alleys, and easements as in a subdivision; or
(b) A lot-line-adjustment or site plan depicting existing parcels defined by legal descriptions contained in deeds, grants, or other legal documents.

II.
Each register of deeds shall establish a policy for providing adequate space, on the plat, for recording the registry plan number and recording information. (PLEASE NOTE THAT EFFECTIVE JANUARY 1, 2005 AND IN ACCORANCE WITH RSA 478:1-a THE FOLLOWING POLICY IS HEREBY ESTABLISHED FOR THE SULLIVAN COUNTY REGISTRY OF DEEDS: RSA 478:1-a SEC II: EACH REGISTER OF DEEDS SHALL ESTABLISH A POLICY FOR PROVIDING ADEQUATE SPACE, ON THE PLAT, FOR RECORDING THE REGISTRY PLAN NUMBER AND RECORDING INFORMATION. IN ACCORDANCE WITH RSA 478:1-a SEC II, THIS OFFICE WILL REQUIRE THAT THE UPPER RIGHT HAND CORNER OF THE PLAT SHALL BE RESERVED FOR THE RECORDING INFORMATION ENTERED BY THE REGISTRY. THE SIZE SHALL BE 3″ X 3″, WITH NO BORDER LINE(S) INTERFERENCE. IN ACCORDANCE WITH SEC VIII OF THIS RSA: ALL TITLE BLOCKS SHALL BE LOCATED IN THE LOWER RIGHT HAND CORNER AND SHALL INCLUDE ALL INFORMATION AS REQUIRED BY RSA 478:1-A SEC VIII. IN ACCORDANCE WITH SEC IV OF THIS RSA: THE ONLY ACCEPTED SIZES BY THIS OFFICE ARE 17″ X 22″ AND 22″ X 34″.)

III.
The register of deeds shall refuse for recording any map that does not meet the definition of a plat under paragraph I and any plat that does not contain the information or meet the specifications required by this section. Construction plans, construction details, and maps that do not define the limits or extent of legal rights or interest in land shall not be recorded.

IV.
All plat shall be drawn with the following sizes: 8.5″ x 11,” 11″ x 17,” 17″ x 22,” 22″ x 34,” or such specifications and sizes as may be required by the register of deeds. The material composition of the plats shall be suitable for electronic scanning and archiving by the register of deeds. (ONLY SIZES ACCEPTED IN THIS OFFICE ARE 17″ X 22″ AND 22″ x 34″).
(NO OTHER SIZES ACCEPTED.)

V.
All plats shall have a minimum of ½ inch margins on all sides.

VI.
All text and dimensions shall be legible for reproduction, and the text sizes shall be no smaller than .08 of an inch for mechanical drafting and 1/8 inch for hand drafting.

VII.
All certifications, seals, and approval blocks shall have original dates and signatures in a legible,
permanent black ink.

VIII.
All title blocks shall be located in the lower right hand corner, when possible, and shall indicate the following:
(a) Type of survey, such as a boundary survey, subdivision, American Land Title Association (ALTA) survey, or lot line adjustment.
(b) Owner of Record
(c) Title of Plat or Development
(d) Tax map number
(e) Name of the town in which the parcel is located
(f) Plat and revision dates
IX.
All plats shall have a scale both as a written and graphic
representation.

X.
All plats shall have a north arrow with reference to magnetic grid or
astronomic north, as applicable. The north arrow shall be labeled with its
reference direction.

XI.
Shading over any text shall not be permitted on any plat. Cross hatching or other hatching at a scale large enough not to interfere with text legibility, before and after reproduction, may be permitted.

XII.
No lines, whether hatching, boundary lines, or topographic contours shall obstruct or interfere with the legibility, either before or after reproduction, of any bearings, dimensions, or text.

XIII.
The minimum line widths on plats shall not be smaller than .01 inches.

478:4 Recording. (Effective August 29, 1971)

The register of deeds shall receive, file and record for the legal charges all original deeds and instruments brought for that purpose, and shall furnish certificates or copies thereof when required. All documents submitted for recording in each registry of deeds should be on material with markings and of a size to insure suitable, permanent recording thereof.
478:4-a Form of Records. (Effective Sept. 11, 2001)

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 signature.

II.
All documents shall be suitable for reproduction as determined by the register of deeds, who shall provide document standards as amended and adopted by the New Hampshire registers of deeds. The standards and any amendments
thereto shall include a statement of their effective date, and shall be posted in and distributed by all registries of deeds for at least 60 days prior to such effective date.
PLEASE READ THE FOLLOWING UNIFORM STANDARDS FOR DOCUMENTS PRESENTED FOR RECORING IN ALL NEW HAMPSHIRE REGISTRIES OF DEEDS AS ADOPTED BY THE NEW HAMPSHIRE REGISTER OF DEEDS ASSOCIATION, EFFECTIVE DECEMBER 1, 2001.
I.
Pursuant to RSA 478:4-a, II, these document standards
have been adopted by the New Hampshire Registers of Deeds, to be effective as
of December 1, 2001.
II.
The Registers of Deeds may refuse to accept any document
presented for recording that does not meet all of the following requirements:

a.
The document must be legible and reproducible (as defined herein).
b.
All signatures on the document must be original; provided that this requirement shall not apply to any copy of a document attached as an exhibit to the principal document.
c.
The document shall be made up of one or more individual one-sided pages not permanently bound nor in a continuous form.
d.
The document shall not have any attachment stapled, taped, or otherwise affixed to any page, except for a firmly attached label with a bar code or return address.
e.
The writing, print or type shall be in dark blue or black ink.
f.
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 of recording date or for filing in of blanks; or other non-textual notations.
g.
The document shall be on white paper of not less than 20-pound weight, without watermarks or colored highlighting or other inclusions that make the document illegible or unreproducible, and with dimensions of no less than 8-l/2 inches in width and 11 inches in length and no more than 8-1/2 inches in width and 14 inches in length.
h.
The typing or printing of any name or the applying of embossed or inked stamp shall not render any part of the document illegible or unreproducible.
i.
The top margin on the right half of the first page shall be at least three inches, for exclusive use by the Register of Deeds. The left half may note administrative content or return to information. Otherwise all margins on the first and succeeding pages shall be at least one inch, provided that the bottom margin may contain non-textual material no closer than ½ inch to bottom of the page, such as the following: page numbering; document or form name or
number; name, address and/or telephone number of the printer or producer of the document; or other non-textual notations.
j.
“Legible” as used in this section means: with respect to a document, legible to the naked eye, without use of magnification devices; and with respect to a recorded image of a document made and kept in the registry of deeds
for viewing and copying by and for the public, legible when viewed with available registry viewing equipment.
k.
“Reproducible” as used in this section means capable of reproduction by recording equipment currently available in the registry of deeds, with the resulting recorded image being itself legible and also capable of producing a legible paper copy by use of equipment currently available in the registry.
III.
The following documents are exempt from the specified requirements of Paragraph II:

a.
An official certificate or certified copy of a record from another governmental office, in either case bearing an original official seal or signature, is exempt from the requirements of paragraphs II (b) through (i).
b.
Any document drafted before the effective date of this paragraph, or any copy of any such document that may be attached as an exhibit to the principal document, is exempt from the requirements of paragraphs II(c) through (i), except to the extent that any of such requirements were already in effect at any particular registry of deeds
before such date.
c.
Any document drafted on or after the effective date of
this paragraph that does not conform to one or more of the requirements of
paragraph II(c) through (i), but cannot be redrafted, may be accepted by
the registry for recording.
d.
Any document presented for recording which is illegible or unreproducible, in whole or in part, and cannot be redrafted, may be accepted by the Register for recording. An affidavit should be attached to and recorded with the documents stating the facts and if desired, reproducing portions of the text, to clarify the illegible and unreproducible parts of the document. The affidavit should ordinarily be signed by the person or party requesting recording. In addition, the registry may stamp the document or appropriate pages thereof with language similar to the following: “Original not suitable for proper reproduction.”
IV.
In the event that the Register of Deeds declines to accept any document presented for recording, the Register shall give prompt notification of the rejection and the reasons therefore to the party requesting the recording, such notification to be given in person or transmitted by mail, fax, or other means.

478:4-b Records; Social Security Numbers and Financial Information. (Effective August 8, 2009)
I.
The preparer of a document shall not include an individual’s social security number, armed forces service number, credit card number, or deposit account numbers in a document that is prepared and presented for recording in the office of the register of deeds. This paragraph shall not apply to state or federal tax liens, certified copies of death certificates, and other documents required by law to contain such information that are filed or recorded in the office of the register of deeds. For the purpose this section, “preparer” shall mean the person who drafts the documents that are recorded with the register of deeds. Preparer shall not include any person who hires, requires, refers, pays, or requests that the documents be drafted or recorded.

II.
If a deed or instrument that includes an individual’s social security number, armed forces service number, credit card number, or deposit account numbers, was filed with the register of deeds and is available on the Internet, the individual may request that the register of deeds redact such information from the Internet record. The register of deeds shall establish a procedure by which individuals may request that such information be redacted from its files which are available on the Internet. Upon request, the information shall be redacted.
III.
The register of deeds shall comply with an individual’s request to redact his or her social security number, armed forces service number, credit card number, or deposit account numbers within 5 business days of the receipt of the request, or sooner, if ordered to do so by a court, for good cause shown.
478:13-a Recording of Plans. (Effective August 31, 1965)
At the option of each county delegation, all plans submitted for recording in its 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 marking on the material to be with India or other permanent ink. The size of all plans is limited to any of the following dimensions:
I.
8½” x 11″
II.
11″ x 17″
III.
17″ x 22″
IV.
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.
NOTE: THIS COUNTY ACCEPTS ONLY TWO SIZES: 17” X 22” AND
22” X 34”. (EFFECTIVE JULY 9, 2001.)
478:17-g Recording Fees and Surcharge. (Effective July 1, 2008)
Unless otherwise specified, the register of deeds in each county shall be entitled to the following fees and shall collect the land and community heritage investment program surcharge as follows:
I.
The charge for recording each document shall be $10 for the first recorded page plus $4 for each additional recorded page. The charge for assignments of mortgages shall be $10 for the first recorded page, including the first mortgage assigned, plus $5 for each additional mortgage assigned plus $4 for each additional recorded page. The charge for recording a discharge of a mortgage, a release of a lien, or filings pursuant to RSA 21-J, RSA 260, RSA 282-A, RSA 382-A, RSA 439, RSA 450, RSA 454-B, RSA 498, RSA 511, or RSA 511-A shall be $15 for the first recorded page plus $4 for each additional recorded page. The charge for recording each plan shall be $9 for the first 200 square inches or portion thereof and $2.50 for each additional 100 square inches or portion thereof. The charges provided for herein shall include the register’s responsibility to provide information in compliance with RSA 478:14.
II.
(a) An additional charge of $25 shall also be assessed for recording each deed, mortgage, mortgage discharge or plan, but shall not be assessed for the recording of any other document. The charge provided for herein shall be paid by the grantee in a deed, the grantor in a mortgage, the person or entity discharging a mortgage in the case of a discharge, and the primary owner of property shown on a plan. The charge provided for in this section shall not be assessed for the recording of any documents in which the United States or any instrumentality thereof, the state, a state agency, a county, a municipality, a village district, or a school district is a party.

(b)
The collection of the assessment provided for by this section shall be administered by the commissioner of the department of revenue administration, and all powers and duties available to the commissioner to enforce and administer laws under RSA 21-J and RSA 78-B shall apply to the administration and enforcement of this paragraph. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the administration of this paragraph. Each register of deeds shall retain 4 percent of the total additional charges collected as payment for the service of collecting the additional charges, which shall be deducted prior to remitting the revenue collected.
(c)
Each register of deeds shall remit the additional charges collected under subparagraph (a) to the department of revenue administration monthly or more often. All funds received shall be paid over to the state treasurer for deposit in the trust fund for the land and community heritage investment program established under RSA 227-M:7.
(d)
The payment of the additional charge imposed by subparagraph (a) shall be evidenced by stamps, or other indicia as approved by the commissioner of the department of revenue administration, attached to the recorded instrument.
III.
For copying any document or providing any other service, the charge shall be established and posted by the register of deeds.
672:14 Subdivision. (Effective June 1, 1999)
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 to the 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 deeded 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 net work such as poles, wires, cable, conduit, manholes, repeaters and supporting apparatus, including any unstaffed structure which is less than 500 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.
IV.
The rent, lease, development, or grant of an easement to a person for the purpose of placing and maintaining a wireless communications facility 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. For purposes of this paragraph, “wireless communications facilities” means any towers, poles, antennas, or other unstaffed structure of less than 500 square feet intended for use in connection with licensed transmission or receipt of radio or television signals, or any other licensed spectrum-based transmissions or receptions. This paragraph shall not be deemed to affect other local zoning, site plan, or regulatory authority over wireless communications facilities.
674:37 Recording of Plats. (Effective Jan. 1, 1996)
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, l981, or by a registered land surveyor between January 1, l970 and June 30, l981, 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 and RSA 676:4, I(c). The filing or recording of a plat 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.
676:18 Register of Deeds. (Effective Jan. 1, 1996)
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 provision 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 registered 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 provisions of this chapter.
II-a.
Notwithstanding the provisions of paragraph I or II, the register of deeds may accept for recording a plat without the licensed land surveyor’s seal if such plat was in existence on December 31, l969, 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.
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.”
Date:______________________
_____________________________
Licensed Land Surveyor
SEAL
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 court’s 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.
78-B:1 Transfer Tax. (Effective July 1, 1999)
I.
(a) A tax is imposed upon the sale, granting and transfer of real estate and any interest therein including transfers by operation of law. Each such sale, grant and transfer of real estate, and each sale, grant and transfer of an interest in real estate shall be presumed taxable unless it is specifically exempt from taxation under RSA 78-B:2.
(b) The rate of the tax if $.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. The tax imposed shall be computed to the nearest whole dollar.
II.
[Repealed.]
III.
This section shall be construed in all respects so as to meet all constitutional requirements. If any provision or clause of this section is held invalid, such invalidity shall not affect other provisions of the section.
IV.
For the purposes of this chapter, manufactured housing, as defined by RSA 674:31, shall be deemed real estate at such time as it is placed on a site and tied into required utilities.