Section 477:44 Buildings; Manufactured Housing.
I. Application of Real Estate Laws. Buildings situated on land not belonging to the owners of the buildings shall be deemed real estate for purposes of transfer, whether voluntary or involuntary, and shall be conveyed, mortgaged or leased, and shall be subjected to attachment, other liens, foreclosure and execution, in the same manner and with the same formality as real estate.
II. Manufactured Housing. Manufactured housing, as defined by RSA 674:31, shall be deemed a building for the purpose of paragraph I when such manufactured housing is placed on a site and tied into required utilities. Any deed conveying manufactured housing or evidencing its relocation within this state shall be substantially in the form provided in subparagraphs (a) and (b). If a deed for any manufactured housing is recorded in the registry of deeds of one county of this state and if such manufactured housing is relocated to another site in that county or to a site in another county of this state, a deed evidencing the change of location shall be recorded in the registry of deeds of the county in which it was originally located and a duplicate original shall also be recorded in the registry of deeds of the county to which it was relocated. If such manufactured housing is relocated to a site outside of this state, a statement evidencing the change of location substantially in the form provided in subparagraph (c) shall be recorded in the registry of deeds of the county in this state in which it was previously located. An attachment, lien or other encumbrance on manufactured housing, when properly created and recorded as required by law, shall continue to be enforceable until released or discharged notwithstanding the relocation of the manufactured housing within or outside of this state.
(a) A deed in substance following the form provided in this subparagraph shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenant on the part of the grantor, for the grantor, the grantor's heirs, executors and administrators that, at the time of the delivery of such deed, the grantor was lawfully seized in fee simple of the manufactured housing; that such manufactured housing was free from all incumbrances, except as stated; that the grantor had good right to sell and convey the same to the grantee, the grantee's heirs, successors and assigns; and that the grantor and the grantor's heirs, executors and administrators shall warrant and defend the same to the grantee and the grantee's heirs, successors and assigns, against the lawful claims and demands of all persons. No owner of land shall unreasonably withhold the consent required by this statutory form.
Form for Manufactured Housing Warranty Deed
__________, of __________, __________ County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, with warranty covenants, the __________ (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing is situated, or is to be situated, at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing is situated, or is to be situated, is owned by __________ by deed dated __________ and recorded at Book ___, Page in the __________ County Registry of Deeds. __________ (wife) (husband) of said grantor, release to said grantee all rights and other interests therein.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
__________, owner of the tract or parcel of land upon which the aforesaid manufactured housing is situated, or is to be situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
[ ] Check box if the manufactured housing has been relocated from one site to another within New Hampshire. The manufactured housing was previously located at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire and title, if any, to the same was recorded at Book ___, Page ___, in the __________ County Registry of Deeds. If the relocation is to a county of the State of New Hampshire other than the county in which the deed to the grantor was recorded, a duplicate original of the deed must be recorded in the registry of deeds of that county at the same time this deed is recorded.
(b) A deed in substance following the form provided in this paragraph shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenants on the part of the grantor, for the grantor, the grantor's heirs, executors and administrators with the grantee, the grantee's heirs, successors and assigns that at the time of the delivery of such deed the manufactured housing was free from all incumbrances made by the grantor, except as stated, and that the grantor and the grantor's heirs, executors and administrators shall warrant and defend the same to the grantee and the grantee's heirs, successors and assigns forever against the lawful claims and demands of all persons claiming, by, through or under the grantor, but against none other. No owner of land shall unreasonably withhold the consent required by this statutory form.
Form for Manufactured Housing Quitclaim Deed
__________, of __________, __________ County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, with quitclaim covenants, the (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing is situated, or is to be situated, at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing is situated, or is to be situated, is owned by __________ by deed dated __________ and recorded at Book ___, Page ___, in the __________ County Registry of Deeds. __________ (wife) (husband) of said grantor, release to said grantee all rights and other interest therein.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
__________, owner of the tract or parcel of land upon which the aforesaid manufactured housing is situated, or is to be situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
[ ] Check box if the manufactured housing has been relocated from one site to another within New Hampshire. The manufactured housing was previously located at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire and title, if any, to the same was recorded at Book ___, Page ___, in the __________ County Registry of Deeds. If the relocation is to a county of the State of New Hampshire other than the county in which the deed to the grantor was recorded, a duplicate original of the deed must be recorded in the registry of deeds of that county at the same time this deed is recorded.
(c) An out-of-state transfer statement in substance following the form appended to this paragraph shall, when duly executed and recorded in the registry of deeds of the county in which the manufactured housing was previously located, have the force and effect of transferring title of the manufactured housing to the grantee, the grantee's heirs, successors and assigns and terminating the record title of the manufactured housing in such registry of deeds under circumstances by which the manufactured housing is relocated to a site outside of this state. No owner of land shall unreasonably withhold the consent required by this statutory form. No manufactured housing may be relocated to a site outside of this state unless all holders of liens, attachments or incumbrances, if any, consent thereto in writing on the transfer statement.
Form for Out-of-State Transfer Statement
__________, of __________, County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, the __________ (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing, was situated at __________ (state name of park, if any, and street address), Town (City) __________ of __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing was situated is owned by __________ by deed __________ dated __________ and recorded at Book ___, Page ___ in the __________ County Registry of Deeds. __________ (wife) (husband) of said grantor, release to said grantee all rights and other interest therein.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
__________, owner of the tract or parcel of land upon which the aforesaid manufactured housing was situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
__________, holder of (lien, attachment or encumbrance) hereby consent to the conveyance of the aforesaid manufactured housing, subject to condition that the aforesaid (lien, attachment or encumbrance) shall remain in force and effect thereon.
Signed this __________ day of __________, ___.
(Here add acknowledgment)
III. Initial Transfer of Title to Manufactured Housing. A deed, substantially in the form prescribed by subparagraphs II(a) and (b), duly executed and delivered, shall be required to transfer title to any manufactured housing in a transaction occurring prior to connection of such manufactured housing to the required utilities.
IV. As an alternative to the methods prescribed in paragraph II for mortgages of and foreclosures and executions upon manufactured housing, security interests in manufactured housing may be created in the manner prescribed in RSA 382-A:9. Such security interest, properly perfected in the manner prescribed in RSA 382-A:9-501(a)(1) shall be entitled to priority over any other interests in such manufactured housing arising after such perfection. A person holding a security interest in manufactured housing shall have all the rights, remedies and obligations provided in RSA 382-A:9; subject, however, to homestead rights as provided in RSA 480:1. In the event such homestead rights are not waived, a secured party foreclosing upon a security interest created under this paragraph shall first pay to the debtor an amount equal to that which a person is entitled to under RSA 480:1, and the same amount to his or her spouse, if any, out of the proceeds of the sale of the manufactured housing, which payment shall extinguish all homestead rights therein.
V. Any manufactured housing park owner required to sign a deed under this section shall sign the deed no later than 15 days after the new tenant is approved and the park owner is requested to do so. The tenant shall deliver the deed to the manufactured housing park owner's place of business for signature. The fee for any such signature on a deed shall not exceed $25 and shall be paid by the tenant.
VI. All deeds which have been acknowledged and recorded according to the provisions of this section since August 17, 1983, but which were not witnessed, shall be considered valid under this section.
Source. 1965, 119:1. 1983, 230:14. 1994, 314:1. 1997, 127:1, 2, eff. Jan. 1, 1998. 2001, 102:44, eff. July 1, 2001. 2006, 7:4, eff. April 11, 2006.