EQUITY POWERS AND PROCEEDINGS

RSA tit. LI, ch. 498

in effect

RSA 498:1 Jurisdiction.

498:1. Jurisdiction. The superior court shall have the powers of a court of equity in the following cases: charitable uses; trusts other than those trusts described in RSA 564-B, over which the probate court has exclusive jurisdiction as provided in RSA 547:3, I(c) and (d); fraud, accident and mistake; the affairs of partners, joint tenants or owners and tenants in common; the redemption and foreclosure of mortgages; contribution; waste and nuisance; the specific performance of contracts; discovery; cases in which there is not a plain, adequate and complete remedy at law; and in all other cases cognizable in a court of equity, except that the court of probate shall have exclusive jurisdiction over equitable matters arising under its subject matter jurisdiction authority in RSA 547, RSA 547-C and RSA 552:7. Source. RS 171:6. CS 181:9. 1855, 1659:12. GS 190:1. GL 209:1. 1885, 87:1. 1887, 77:2. PS 205:1. PL 317:1. RL 371:1. RSA 498:1. 1971, 179:9. 1992, 284:24. 2006, 91:1, eff. May 5, 2006. 2024, 292:21, eff. Sept. 24, 2024.

RSA 498:2 Procedure.

498:2. Procedure. The court may hear and determine such cases according to the course of equity, and may grant writs of injunction whenever the same are necessary to prevent fraud or injustice. Source. RS 171:6. CS 181:9. 1855, 1659:12. GS 190:1. GL 209:1. 1885, 87:1. 1887, 77:2. PS 205:1. PL 317:2. RL 371:2.

RSA 498:2-a Insurance Coverage Disclosure in Tort Cases.

498:2-a. Insurance Coverage Disclosure in Tort Cases. At any time after suit for negligence and an appearance on behalf of the defendant have been filed, the named defendant, or his or her insurance carrier if he or she is insured as to the claim, shall disclose only to the claimant or his or her counsel the policy limits of the policy or policies of all liability insurance applicable to the defendant as to such claim. Source. 1969, 422:1, eff. Aug. 31, 1969. 2010, 297:1, eff. Jan. 1, 2011.

RSA 498:4 Deviation From Terms of Trust.

498:4. Deviation From Terms of Trust. In all cases where by reason of a change of circumstances which has occurred, shall occur, or is reasonably foreseeable, subsequent to the creation, heretofore or hereafter, of a trust by any deed, will or other instrument, compliance by the trustee or trustees with the terms of the trust relating to the property or the kinds or classes of property which may be held under the trust would defeat or substantially impair the accomplishment of the purposes of the trust, the court may, upon the filing by the trustee of a bill in equity for instructions and upon notice to all parties in interest, enter a decree permitting the trustee to deviate from such terms of the trust and directing the trustee, if necessary to carry out the purposes of the trust, to sell all or any part of the property held under the trust and to invest the proceeds of such sale in kinds or classes of property which are lawful investments for trustees of estates. No such decree, after its entry, shall thereafter operate to relieve any trustee of any duty imposed by law relating to the investment of trust funds and the exercise of reasonable care for the preservation thereof. This section shall not be construed to limit or restrict the general equitable jurisdiction of the court over trustees, trusts or trust funds. Source. 1941, 206:1. RL 371:4.

RSA 498:4-a Cy Pres Doctrine.

498:4-a. Cy Pres Doctrine. I. The superior court shall exercise jurisdiction pursuant to RSA 498:4-a through RSA 498:4-e only where the claims or defenses raised are related to a matter otherwise pending before or within the jurisdiction of the superior court. In all other cases involving the doctrine of cy pres, jurisdiction shall lie in the probate court. II. If property is or has been given in trust to be applied to a charitable purpose, and said purpose or its application is or becomes impossible or impracticable or illegal or obsolete or ineffective or prejudicial to the public interest to carry out, the trust will not fail. Upon petition by the trustee or trustees or the attorney general, the superior court may direct the application of the property to some charitable purpose which is useful to the community, and which charitable purpose fulfills as nearly as possible the general charitable intent of the settlor or testator. In applying the doctrine of cy pres, the court may order the distribution of the trust assets to another charitable trustor to a charitable corporation to be held and administered by it in accordance with the terms of the governing instrument as said terms may be modified by the application of cy pres under this section and RSA 498:4-b. III. Prior to any court proceeding under this chapter on the intent to offer for sale or change the use of any land, buildings, or both, given, devised, or bequeathed to the town for charitable purposes, the municipality shall hold at least one public hearing with no less than 14 days notice. Source. 1971, 516:1. 2007, 221:1. 2008, 109:2, eff. July 27, 2008.

RSA 498:4-b Federal Taxation.

498:4-b. Federal Taxation. Whenever it shall be made to appear to the court that the intention of the testator or settlor of a charitable trust will be frustrated in whole or in part by reason of a tax imposed under the United States Internal Revenue Code on the income or principal of the trust, or by reason of administrative burden or disproportionate cost of administration, then the court, in order to prevent the diversion of funds from the charitable purpose by federal taxation, may enter a decree: I. Modifying or enlarging the powers granted the trustee, or declaring that a trustee does not have certain powers under New Hampshire law to the extent necessary in order to bring the terms of the governing instrument into compliance with the tax exemption requirements of federal law. II. Authorizing the trustee to make charitable distributions from principal. III. Terminating the trust and directing the distribution of the trust assets to another charitable trust or to a charitable corporation, to be held and administered in accordance with the terms of the governing instrument as said terms may be modified by the application of cy pres under RSA 498:4-a and this section. IV. Removing the trustee or trustees, or directing the appointment of new or additional trustees. V. Reducing or limiting the charitable organizations or classes of charitable organizations or charitable objects which may be benefited under the trust instrument. Source. 1971, 516:1, eff. Sept. 5, 1971.

RSA 498:4-c Inapplicability of Cy Pres.

498:4-c. Inapplicability of Cy Pres. Whenever it shall appear to the court that any proposed cy pres application would not be proper because it is in violation of New Hampshire law, the court shall enter a decree denying said proposed cy pres application and stating the reason therefor. Source. 1971, 516:1, eff. Sept. 5, 1971.

RSA 498:4-d Definitions.

498:4-d. Definitions. For the purposes of this section and for the purposes of any petition for deviation under RSA 498:4 or under common law equity powers the following words shall have the meanings ascribed hereinbelow unless the context indicates otherwise: I. "Charitable trust" shall mean any fiduciary relationship with respect to property arising as a result of a manifestation of an intention to create it and subjecting the person by whom the property is held to equitable duties to deal with the property for charitable or community purposes. II. "Trustee" shall mean: (a) Any individual, group of individuals, corporation or other legal entity holding property in trust pursuant to any charitable trust or charitable purpose. (b) A corporation formed for the administration of a charitable trust pursuant to the directions of the settlor or at the instance of the trustee. Source. 1973, 99:1, eff. July 7, 1973.

RSA 498:4-e Termination of Charitable Trusts.

498:4-e. Termination of Charitable Trusts. If the superior court, upon application by the trustee or trustees, finds that the continuance of a charitable trust is impracticable or unfeasible, and that the charitable purpose of the settlor or testator can be accomplished by a transfer of the trust assets to another charitable trust or corporation, or to the beneficiaries of said trust, the trust is subject to termination by the court upon such terms and conditions as it may impose. This section shall not be construed to limit or restrict the general equitable jurisdiction of the court over trustees, trusts or trust funds. Source. 1973, 234:1, eff. Aug. 18, 1973.

RSA 498:5-a Real and Personal Property; Disputed Titles.

498:5-a. Real and Personal Property; Disputed Titles. An action may be brought in the superior court by any person claiming title to, or any interest in, real or personal property, or both, against any person who may claim to own the same, either in fee, for years, for life or in reversion or remainder, or to have any interest in the same, or any lien or encumbrance thereon, adverse to the plaintiff, or in whom the land records disclose any interest, lien, claim or title conflicting with the plaintiff's claim, title or interest, whether or not the plaintiff is entitled to the immediate or exclusive possession of such property, for the purpose of determining such adverse estate, interest or claim, and to clear up all doubts and disputes and to quiet and settle the title to the same, except that the court of probate shall have exclusive jurisdiction over disputes in title arising under RSA 547 and RSA 547-C. An action may also be brought in the superior court by the holder of a tax collector's deed who desires to quiet his title to the property conveyed under such deed. The petition in either such action shall describe the property in question and state the plaintiff's claim, interest or title and the manner in which the plaintiff acquired such claim, interest or title and shall name the person or persons who may claim such adverse estate or interest. Source. 1971, 292:1. 1992, 284:25, eff. Jan. 1, 1993.

RSA 498:5-b Title in Persons Unknown and Persons Not Located.

498:5-b. Title in Persons Unknown and Persons Not Located. In any action brought under the provisions of RSA 498:5-a, if the plaintiff therein alleges that there are or that he believes there are or that there may be persons who have or may have some estate or interest in such real or personal property, but such persons cannot be located and are unknown to the plaintiff, and describes the actual or possible estate or interest of such person or persons, and how derived, so far as may be known to him from the available land records or otherwise, or if the party who may have an interest or estate in such property is a corporation whose corporate existence has been legally terminated or such corporation is no longer in existence or doing business, and in the complaint the plaintiff describes as parties defendant "the unknown persons who claim any interest or estate in and to the subject matter of this action," it shall not be necessary to set forth therein any further description of such unknown persons. If the plaintiff or his attorney annexes to the complaint in such action an affidavit setting forth such facts and in addition sets forth the efforts which were made to ascertain the names and addresses as well as the interest or estates of such unknown persons, the court to which such action is brought may make such order relative to the notice which shall be given in such cause as such court deems reasonable. Such notice, having been given according to the order and duly proven, shall be sufficient to confer jurisdiction of all such unknown persons and the court may proceed to a hearing of the cause at the first term or session, or afterwards as it deems proper. Such court in its discretion may appoint any guardian or other person to represent such unknown persons under any legal disabilities and all such persons shall be concluded by any decree or judgment in respect to the real or personal property involved in such action. Source. 1971, 292:1, eff. Aug. 22, 1971.

RSA 498:5-c Defendants in Title Disputes; Costs.

498:5-c. Defendants in Title Disputes; Costs. Each defendant in an action brought under the provisions of RSA 498:5-a shall, in his answer, state whether or not he claims any estate or interest in, or encumbrance on, such property, or any part thereof, and, if so, the nature and extent of the estate, interest or encumbrance which he claims, and he shall set out the manner in which such estate, interest or encumbrance is claimed to be derived. No judgment for costs shall be rendered in such action against any defendant, who, by his answer, disclaims all estate or interest in or encumbrance on such property, but costs shall be taxed in his favor at the discretion of the court; and the court shall, in any such case, without further proof, render judgment that such defendant has no estate, interest in or encumbrance on such property or any part thereof. Source. 1971, 292:1, eff. Aug. 22, 1971.

RSA 498:5-d Decrees.

498:5-d. Decrees. I. The court in any action brought under the provisions of RSA 498:5-a shall hear the several claims and determine the rights of the parties, whether derived from deeds, wills or other instruments or courses of title, and may determine the construction of the same, and may render judgment determining the questions and disputes and quieting and settling the title to such property. In any case in which a tax sale is adjudged invalid, the court, as a condition precedent to the entry of a decree setting aside such sale, shall require the claimant of the property in question to pay to the purchaser a sum of money equal to the amount paid by such purchaser at the tax sale in question, including fees prescribed by law and the amounts paid by such purchaser to satisfy any taxes assessed against the property in question subsequent to such tax sale, with interest thereon at the legal rate from the date of such sale or date of payment of such subsequent taxes to the date of the decree. II. If the provisions of RSA 80:58-86 are adopted by a municipality as provided in RSA 80:87, the provisions of paragraph I relative to tax sales shall not apply. Source. 1971, 292:1. 1987, 322:3. 1996, 76:1, eff. Jan. 1, 1997.

RSA 498:5-e Extinguishment of Mineral Rights.

498:5-e. Extinguishment of Mineral Rights. I. A person claiming title to real property may bring an action in superior court to extinguish rights to minerals deeded at least 50 years before the filing of the action, by a predecessor in title, to any person who is unknown to the plaintiff or cannot be located, or if the party who may hold such mineral rights is a corporation no longer in existence or doing business or whose existence has been legally terminated. II. If the plaintiff describes in the complaint as parties defendant "the unknown persons who claim any interest or estate in (and to) the subject matter of this action," it shall not be necessary to set forth any further description of the unknown persons. If the plaintiff annexes to the complaint an affidavit setting forth the facts and the efforts made to ascertain the names and addresses of the unknown persons, the court may make a reasonable order relative to notice. Notice given under the order shall confer jurisdiction over all such unknown persons and the court may proceed to a hearing. III. The court in any action brought under this section shall hear any claims, and if the court finds that the claims have been on record for 50 years or more before the date on which the action is filed, the court may enter a decree that the owners of the mineral rights shall be forever barred from enforcing them against the plaintiff, his heirs, and assigns. Source. 1981, 193:1, eff. Aug. 1, 1981.

RSA 498:6 Water Rights.

498:6. Water Rights. Any legal right, public or private, infringed by a change in the water level of a natural lake or pond, or by the casting or dropping into a watercourse of sawdust or other waste of a saw or lumber mill or any other material, and the water rights of riparian proprietors on a stream may be ascertained and enforced in a constitutional manner on a bill in equity without prior ascertainment of the right by an action at law; and rights of boating, fishing and navigation may be enforced on a bill in equity brought by the attorney general in the name of the state. Source. 1885, 87:1, 2. PS 205:3. PL 317:5. RL 371:6.

RSA 498:7 Detained Goods.

498:7. Detained Goods. When goods or chattels are unlawfully withheld from the owner, proceedings in equity may be had for a discovery, for a restoration of the property and for such other relief as justice may require. Source. GS 190:2. GL 209:2. PS 205:6. PL 317:6. RL 371:7.

RSA 498:8 Creditors' Bills.

498:8. Creditors' Bills. When an estate, property, interest, right, or credit, legal or equitable, of a debtor against whom execution has been issued and returned unsatisfied is alleged to be so held that it cannot be reached, or to have been conveyed by the debtor in fraud of his creditors, or to be held by others for the debtor's use, proceedings in equity may be had for a discovery and for relief; and the court shall make proper decrees and orders, and issue proper process to compel a discovery, to prevent a transfer of the property and to make application of so much thereof as in justice ought to be applied in satisfaction of the debt. Source. 1845, 234:1, 2. CS 181:19, 20. GS 190:3. GL 209:3. PS 205:7. PL 317:7. RL 371:8.

RSA 498:9 Limitation.

498:9. Limitation. The provisions of RSA 498:8 shall not apply to property exempt from attachment or to trust assets or a beneficiary's or settlor's interest in a trust to the extent protected by article 5 of RSA 564-B from the claim, attachment or reach of a creditor or assignee. Source. 1845, 234:1. CS 181:19. GS 190:4. GL 209:4. PS 205:8. PL 317:8. RL 371:9. RSA 498:9. 1996, 180:3. 2004, 130:8, eff. Oct. 1, 2004.

RSA 498:10 Place of Hearing.

498:10. Place of Hearing. Causes in equity pending in one county, and motions and applications therein, may, upon reasonable notice to the parties or their attorneys, be heard and determined in any other county. Source. GS 190:11. GL 209:11. PS 205:17. PL 317:9. RL 371:10.

RSA 498:11 Entry of Orders.

498:11. Entry of Orders. Decrees and orders made by a justice, or by the court, when the clerk for the county in which the suit is pending is not in attendance shall be certified and forthwith transmitted, with the papers connected therewith, to the clerk, and be by him entered of record. Source. GS 190:13. GL 209:13. PS 205:19. PL 317:10. RL 371:11.

RSA 498:12 Interlocutory Orders.

498:12. Interlocutory Orders. The appointment of commissioners and receivers, the reference of questions to masters, granting writs of injunction to stay proceedings or waste, making interlocutory decrees or orders and other incidental proceedings may be had and done by the superior court in any county, but injunctions so issued shall continue, unless sooner dissolved, only until the end of the next term for the county in which the proceedings are pending. Source. 1855, 1659:12. GS 190:12. GL 209:12. PS 205:18. 1909, 67:1. 1911, 33:1. PL 317:11. RL 371:12. RSA 498:12. 1967, 132:22, eff. July 18, 1967.

RSA 498:13 Fees of Masters, Etc.

498:13. Fees of Masters, Etc. In special cases the court may, within the appropriation limits established by the legislature, allow a reasonable compensation to masters for their services and expenses, including stenographer's fees in cases where the employment of a stenographer is authorized by the court, which shall be paid by the state. Source. 1855, 1659:12. GS 190:12. GL 209:12. PS 205:18. 1909, 67:1. 1911, 33:1. PL 317:12. RL 371:13. RSA 498:13. 1983, 383:22, eff. Jan. 1, 1984.

RSA 498:14 Lien; Personal Property.

498:14. Lien; Personal Property. When a bill is filed under the provisions of RSA 498:8, the plaintiff may cause a certified copy thereof, and of the order issued thereon, to be filed in the office of the secretary of state, and such filing and the service of the bill upon such defendant shall constitute a lien, as against him and others having after-acquired rights, upon the personal estate, property, interest, right or credit to which the bill relates, or which may be discovered by the proceedings, for the performance of any decree or order relative thereto, in favor of the plaintiff against the defendant. The fees payable for filing a lien under this or the succeeding section shall be in accordance with RSA 478:17-g. Source. 1865, 4088:1. 1866, 4227:2. GS 190:5. GL 209:5. PS 205:9. 1913, 109:1. PL 317:13. RL 371:14. 2001, 102:46, eff. July 1, 2001.

RSA 498:15 Lien; Real Estate.

498:15. Lien; Real Estate. In the case of real estate, the lien shall be created by filing the certified copy in the office of the register of deeds of the county in which the real estate is situated. Source. 1866, 4227:5. GS 190:6. GL 209:6. PS 205:10. 1913, 109:2. PL 317:14. RL 371:15.

RSA 498:16 Attachment.

498:16. Attachment. The plaintiff in a bill in equity, or the petitionant in a petition for divorce, shall have a writ of attachment or a trustee process, as of right, for the attachment of the goods, estate, money, rights or credits of the defendant or petitionee to secure the performance of any decree or order that may be made in the suit. Source. GS 190:7. 1869, 15:1. GL 209:7. 1879, 57:28. PS 205:11. PL 317:15. RL 371:16. 2004, 114:2, eff. May 17, 2004.

RSA 498:18 Service and Lien of Attachment.

498:18. Service and Lien of Attachment. The officer to whom the writ is directed may attach property thereon as upon writs in civil actions, and such attachment shall constitute a lien upon the property attached to secure the performance of any decree or order that may be made in the suit. Source. 1866, 4227:4. GS 190:8. GL 209:8. PS 205:13. PL 317:17. RL 371:18.

RSA 498:19 Filing Writ of Attachment.

498:19. Filing Writ of Attachment. The writ shall be filed in the clerk's office with the papers in the suit, and a memorandum of it shall be entered upon the docket. Source. PS 205:14. PL 317:18. RL 371:19.

RSA 498:20 Decrees in Attachment Cases.

498:20. Decrees in Attachment Cases. If the decree or order requires the performance of any other thing than the payment of money, the court may make necessary orders and issue necessary process to secure or compel the performance of the decree or order by means of the property attached or held by trustee process. Source. 1866, 4227:4. GS 190:9. GL 209:9. PS 205:15. PL 317:19. RL 371:20.

RSA 498:21 Modification or Discharge of Lien.

498:21. Modification or Discharge of Lien. Any lien acquired by proceedings in equity may be released, discharged or modified by the court in such manner and upon such terms as justice may require. When any such lien is dissolved or released, by judgment or otherwise, the plaintiff or the plaintiff's attorney, upon request, shall give to the defendant or owner of the property attached one or more discharges thereof, which may be filed or recorded in the office or offices where the lien was filed or recorded. The fees payable for filing or recording such discharges shall be in accordance with RSA 478:17-g. Source. 1865, 4088:2. 1866, 4227:3. GS 190:10. GL 209:10. PS 205:16. PL 317:20. RL 371:21. RSA 498:21. 1967, 132:23. 2001, 102:47, eff. July 1, 2001.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LI-498.htmFetched: 10/20/2026