N.H. Rev. Stat. Ann. § 48-A: § 48-A:6
Lien.
Operative Text
Whenever the public agency shall incur cost for the repair, alteration, improvement, vacating or closing, or for the removal or demolition of a dwelling, pursuant to an order of the superior court, the amount of such costs shall be a lien against the real property as to which such cost was incurred and such lien, including as part thereof upon allowance of his costs and necessary attorneys' fees, may be foreclosed upon order of the superior court made pursuant to a petition for that purpose filed in said court. Such lien shall be subordinate to mortgages of record made before the institution of proceedings under this chapter. Notice of said lien shall be filed with the register of deeds for the county in which the real estate is situated, and shall be recorded by him. If the dwelling is demolished by the public agency, he shall sell the materials of such dwelling and pay the proceeds of such sale over to the superior court, for distribution to such persons as the court shall find entitled thereto.
Under N.H. Rev. Stat. Ann. § 48-A:6, when a public agency spends money to repair, alter, improve, vacate, close, remove, or demolish a dwelling under a superior court order, those costs automatically become a lien on the property involved. The lien—which can include attorneys' fees—may be foreclosed through a superior court petition, though it ranks behind any mortgages that were recorded before the proceedings began. Notice of the lien must be filed with the county register of deeds, and if the agency demolishes the dwelling, proceeds from selling the salvaged materials are paid into the court for distribution to those the court finds entitled to them.
Plain English — not legal advice.
Property owners subject to enforcement action under § 48-A:6 should be aware that any costs a public agency incurs to repair, alter, vacate, or demolish a non-compliant dwelling can attach as a lien to the real property itself. Compliant operators generally address housing-code deficiencies before court-ordered intervention, since once a lien is recorded with the county register of deeds it can be foreclosed through superior court proceedings. Pre-existing mortgages of record are protected as senior interests, but the lien—including potential attorneys' fees—can still cloud title and affect the property's marketability.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants living in a dwelling that a public agency has been ordered to repair, vacate, or demolish under § 48-A:6, it is useful to know that the financial burden of those government actions falls on the property as a lien, not on the occupants. If a demolition occurs, the proceeds from salvaged materials are paid into the superior court for distribution to parties the court finds entitled, which may include former occupants depending on the circumstances. Tenants who have questions about their rights during or after such proceedings may wish to consult a tenant-rights organization or legal aid office familiar with New Hampshire housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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