Title Insurance Explained: What It Is, What It Covers, and Why You Need It

Title insurance is one of the most misunderstood parts of a real estate transaction — and one of the most important. Unlike other types of insurance that protect against future events, title insurance protects against problems from the past. Here’s everything you need to know about title insurance in New Hampshire and Massachusetts.

What Is Title Insurance?

Title insurance is a policy that protects buyers and lenders against financial loss from defects in a property’s title that existed before the purchase — even if those defects weren’t known or discoverable at the time of closing. Think of it as insurance against the property’s past.

Under NH RSA § 416-A, title insurance companies in New Hampshire are regulated by the NH Insurance Department. Title insurance premiums are filed with and approved by the state — meaning the rate you pay is the same regardless of which attorney or title agent you use.

What Does Title Insurance Cover?

A standard Owner’s Title Insurance Policy covers claims arising from:

• Forged deeds or signatures — prior transfers that were fraudulently executed
• Unknown liens — unpaid mortgages, contractor liens, or tax liens that weren’t found during the title search
• Undisclosed heirs — heirs of a prior owner who were not included in an estate proceeding
• Recording errors — mistakes in the public records that affect your ownership
• Boundary and survey disputes — competing claims to portions of the land
• Easements or deed restrictions not shown in the records
• Prior ownership disputes from divorce, bankruptcy, or probate proceedings

Owner’s Policy vs. Lender’s Policy

There are two types of title insurance policies issued at closing:

How Much Does Title Insurance Cost in NH?

Title insurance premiums in New Hampshire are set by rate filings approved by the NH Insurance Department. The premium is calculated as a percentage of the purchase price and is paid once at closing — there are no annual renewals. For a $350,000 home purchase in NH, an Owner’s Policy costs approximately $1,100–$1,400 depending on the insurer.

Use our free closing cost calculator to get an instant estimate of your title insurance premium and all other closing costs for your NH or MA transaction.

Foy Law Office — Authorized Title Insurance Agent

Foy Law Office, PLLC is an authorized issuing agent for First American Title Insurance Company and Old Republic National Title Insurance Company — two of the largest title insurance underwriters in the United States. This authorization means we issue both Owner’s and Lender’s title policies directly at your closing, without requiring a separate title company. Our 25,000+ closings give us deep experience identifying and resolving title issues before they become your problem.