A New Hampshire Warranty Deed for Surface and Mineral Interests is a legal document that transfers the ownership of both surface rights and mineral rights from one party to another in the state of New Hampshire. This deed ensures that the new owner has clear ownership and protection for both the surface land and any underlying mineral rights. The New Hampshire Warranty Deed for Surface and Mineral Interests contains various essential elements. It typically includes the names and addresses of both the granter (seller) and the grantee (buyer). Detailed descriptions of the surface land and mineral interests being transferred are also provided. This includes the legal description of the property and specific details about the mineral rights, such as the type of minerals included (e.g., oil, gas, coal, etc.). This type of warranty deed comes with certain guarantees from the granter to the grantee. The granter guarantees that they have legal ownership of the property and have the right to transfer both the surface and mineral interests. They also warrant that there are no undisclosed encumbrances or claims on the property, and that the property is free from any defects or title issues. There are various types or variations of the New Hampshire Warranty Deed for Surface and Mineral Interests: 1. Standard Warranty Deed: This is the most common type, which guarantees clear ownership and protection for both the surface land and mineral interests. It provides the highest level of protection to the grantee. 2. Special Warranty Deed: This type of warranty deed only guarantees the title and ownership of the granter during their ownership period. It does not provide protection against any preceding title issues or claims. 3. Quitclaim Deed: Unlike a warranty deed, a quitclaim deed provides no warranty or guarantee of ownership. It simply transfers any interest or claim the granter may have in the property, without guaranteeing its validity or clear ownership. 4. Mineral Deed: In some cases, a separate mineral deed may be used to transfer only the mineral interests to a new owner, while keeping the surface land separate. This type of deed is commonly used when the surface rights and mineral rights are owned by different parties. It is crucial to consult with a qualified real estate attorney or professional to ensure the correct type of warranty deed is used for a specific transaction involving surface and mineral interests in New Hampshire. They can provide guidance and help draft a deed that accurately reflects the intentions of the parties involved and provides the necessary legal protections.
New Hampshire Warranty Deed for Surface and Mineral Interests
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FAQ
A New Hampshire general warranty deed is a form of deed used to transfer or convey real property, or land and buildings, in New Hampshire, from one person or entity to another.
In New Hampshire, real property can be transferred from one party to another by executing a special warranty deed. Special warranty deeds transfer fee simple title with limited covenants.
General Warranty Deed the covenant of seisin, meaning that the grantor warrants they own the property and has the legal right to convey it. the covenant against encumbrances, denoting that the grantor warrants that the property is free of liens or encumbrances, except as specifically stated in the deed.
Covenant of Warranty ? The covenant of warranty is a covenant wherein the seller agrees to defend on behalf of the buyer any lawful or reasonable claims of title by a third party, and to compensate the buyer for any loss sustained by the claim of superior title.
Fiduciary deeds are just one of several types of deeds used in property transfers. This type is used to transfer property such as real estate when the owner can't sign a deed for legal or other reasons. Fiduciary deeds are commonly employed when settling estates and the original owner of the property is deceased.
If a defect in the title arises years before the grantor owned the property, then the grantor is still liable under the covenants for title. General warranty deeds guarantee to the grantee that the property is being transferred free and clear, or without any encumbrances or limitations.
4) Covenant of Warranty ? The grantor covenants that the grantor will protect and defend the buyer against anyone who comes and claims a superior title to the property.
The main difference between a grant deed vs. warranty deed is the level of protection offered. A warranty deed offers a higher level of protection than a grant deed. With a grant deed, the grantor is guaranteeing that they haven't sold the property to anyone else, and that it is clear of any liens or restrictions.