Massachusetts Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed guarantees clear title and agrees to warrant and defend the buyer against the lawful claims of all persons, the strongest protection Massachusetts offers. Only a deed of quitclaim and release, unlike the state's limited-covenant Quitclaim Deed, guarantees nothing.

2. 2

   Massachusetts codifies a Warranty Deed form (M.G.L. c.183 Section 10). A deed in the statutory form carries four covenants: the grantor is lawfully seized in fee simple, the premises are free from all encumbrances, the grantor has good right to sell and convey, and the grantor will warrant and defend the title against the lawful claims and demands of all persons.

3. 3

   The shorthand words warranty covenants carry that full general warranty (c.183 Section 16). The everyday Massachusetts deed, though, is the statutory Quitclaim Deed, which carries only limited quitclaim covenants against the grantor's own acts, defending against claims by, through, or under the grantor but against none other (c.183 Section 11 and Section 17). A deed of quitclaim and release gives no covenants at all (c.183 Section 2).

4. 4

   You record the signed deed with the registry of deeds for the county or district in which the land lies (c.183 Section 4). An unrecorded conveyance is not valid against a later buyer without actual notice of it, so recording promptly protects your interest. Registered (Torrens) land is instead filed with the assistant recorder for the district (c.185 Section 57).

5. 5

   The grantor's signature must be acknowledged before a notary public or justice of the peace before the registry will record the deed (c.183 Section 29 and Section 30). Massachusetts does not require subscribing witnesses for a deed.

6. 6

   Massachusetts charges a deeds excise on a sale for more than 100 dollars, a codified 2.00 dollars per 500 dollars of consideration that with the 14 percent surtax is an effective 2.28 dollars per 500 dollars statewide and 2.85 dollars per 500 dollars in Barnstable County (c.64D Section 1; DOR Directive 89-14). Every deed presented for recording must recite the full consideration and the grantee's address (c.183 Section 6).

7. 7

   Massachusetts is not a community-property state, but to terminate the estate of homestead when conveying the home to a non-family member the deed must be signed by the owner and any non-owner spouse or former spouse who lives in the home as a principal residence (c.188 Section 10). A general warranty deed, which warrants against title defects predating the seller, is the strongest but not the most common Massachusetts form.

Massachusetts Requirements for Warranty Deed

• Title Guarantee and Warranty Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Massachusetts codifies a Warranty Deed (M.G.L. c.183 Section 10): the grantor is lawfully seized in fee simple, the premises are free from all encumbrances, the grantor has good right to convey, and the grantor will warrant and defend the title to the grantee against the lawful claims and demands of all persons. The shorthand phrase warranty covenants carries that same general warranty (c.183 Section 16).

• Warranty Deed vs the Massachusetts Quitclaim Deed

  Massachusetts codifies both a Warranty Deed (full covenants, c.183 Section 10) and a Quitclaim Deed and has no grant deed. Watch the naming trap: the statutory Quitclaim Deed still carries limited covenants against the grantor own acts, defending only against claims by, through, or under the grantor (c.183 Section 11 and Section 17). A deed of quitclaim and release gives no covenants at all (c.183 Section 2). In practice the Quitclaim Deed is the customary Massachusetts conveyance.

• Record with the Registry of Deeds

  Record the signed, acknowledged deed with the registry of deeds for the county or district in which the land lies (M.G.L. c.183 Section 4). An unrecorded conveyance is not valid against a later purchaser who lacks actual notice of it, so record promptly to protect your interest. Registered (Torrens) land is filed instead with the assistant recorder for the district (c.185 Section 57).

• Acknowledgment, No Witnesses

  Before recording, the grantor signature must be acknowledged before a notary public or a justice of the peace (M.G.L. c.183 Section 29 and Section 30), and the acknowledgment certificate is recorded at length with the deed. Massachusetts does not require subscribing witnesses for a deed, so a proper acknowledgment is the recording path.

• Deeds Excise and Consideration Recital

  Massachusetts imposes a deeds excise on a sale for more than 100 dollars, a codified 2.00 dollars for each 500 dollars of consideration (M.G.L. c.64D Section 1) that with the 14 percent surtax is an effective 2.28 dollars per 500 dollars statewide and 2.85 dollars per 500 dollars in Barnstable County (DOR Directive 89-14). Every deed presented for recording must recite the full consideration and the grantee address on its face (c.183 Section 6). Bona fide gifts and deeds without consideration are exempt.

• Legal Description and Parties

  Identify the grantor and grantee with their addresses, recite the full consideration, and include the complete legal description of the property (not just the street address), typically by referring to the prior deed book and page or the certificate of title for registered land. Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed.

• Homestead: Spouse Joins to Convey the Home

  Massachusetts is not a community-property state, but the estate of homestead affects a conveyance of the family home. To terminate the homestead when deeding the home to a non-family member, the deed must be signed by the owner and any non-owner spouse or former spouse who resides in the home as a principal residence (M.G.L. c.188 Section 10); alternatively both may sign a separate recorded homestead release. Confirm the homestead status before signing.

• General vs Limited Warranty: Choosing the Instrument

  Choose the deed to match the protection intended. A Massachusetts Warranty Deed uses warranty covenants (c.183 Section 16) to warrant title against all persons, including defects predating the grantor, and is the strongest choice. The statutory Quitclaim Deed uses limited quitclaim covenants (c.183 Section 17) reaching only the grantor own acts and is the customary local form. A deed of quitclaim and release (c.183 Section 2) gives no covenants. The reason for the transfer usually points to the right one.