How Title to Real Estate Can Pass Without a Deed in New Hampshire
Most people associate transferring real estate with signing a deed. In New Hampshire, however, there are many ways ownership can shift without a deed from the property owner. Understanding these non-deed transfers helps prevent costly title mistakes. Below are several common examples.
Intestate Succession (No Will)
When someone dies without a will, their property automatically vests in their legal heirs under RSA 561:1. Title passes at the moment of death; no need is required.
Testate Succession (Transfer by Will)
If a valid will exists, title to real estate also passes immediately at death to the named devisees, subject to administration of the estate. The probate court may later confirm the transfer by decree, but legally the change of ownership occurs at death, without the need for a deed.
Joint Tenancy with Right of Survivorship
Property owned in joint tenancy or as tenants by the entirety passes automatically to the surviving owner when one co-owner dies. The next deed in the chain of title typically notes the death of the other owner.
Court-Ordered Transfers
A court may transfer title through partition actions, quiet-title suits, or probate decrees. When recorded, these orders vest ownership in the prevailing party without a deed.
Adverse Possession
A person who occupies land openly, continuously, and adversely for 20 years may acquire title by adverse possession. The possessor’s ownership replaces the record owner’s once the court confirms the claim. The court order, not a deed, finalizes the transfer.
Entity Mergers
When corporations or LLCs merge, the surviving entity automatically owns all real estate held by the merged entity. No deed is necessary; ownership passes by operation of law.
Eminent Domain
Under RSA 498-A, when the State or a municipality files a declaration of taking, title vests in the government. The transfer occurs by law, not by deed.
Limited-Access Highways
Land acquired to create a limited-access highway becomes owned by the governmental body initiating the “highway layout” process. These actions are a form of eminent domain, but the enabling laws are in the highway statutes, RSA 230 and 231, rather than RSA 498-A.
Transfers Involving a Deed Signed by Someone Other Than the Record Owner
In addition to transfers occurring without a deed, some transfers occur with a deed signed by a party other than the record owner of the real estate.
Bankruptcy
When a person files for bankruptcy, their property becomes part of the bankruptcy estate. A bankruptcy trustee may transfer the property to creditors, purchasers, or back to the debtor pursuant to court authority, without a deed from the original owner.
Mortgage Foreclosure
Under RSA 479:25–27, a lender may foreclose by power of sale after proper notice and auction. The foreclosure deed is signed by the lender, not the defaulting borrower.
Tax Deeds
If property taxes remain unpaid after the redemption period, the tax collector issues a tax deed under RSA 80:76, transferring title to the municipality. The owner does not sign the deed.
Why These Rules Matter
Understanding how real estate can change hands without a traditional deed is crucial for property owners, buyers, attorneys, surveyors, and municipal officials. Title can shift instantly by statute or court order. Recognizing these scenarios helps avoid boundary disputes, title confusion, and other ownership surprises.
At Alfano Law, we focus on protecting property rights in New Hampshire. For assistance with real estate and civil litigation, please contact Alfano Law at (603) 856-8411 or by filling out our Contact Form. The firm offers free or low-cost initial consultations for most matters.