Massachusetts Quit Claim Deed Form
The Massachusetts Quit Claim Deed is a legal form that is willingly executed by an individual who wishes to reassign the interest they hold over a property to another individual. According to Massachusetts state law (Chapter 183; Section 2), a Quit Claim Deed, “shall be sufficient to convey all the estate which could lawfully be conveyed by a deed of bargain and sale.” It should be kept in mind that no guarantees whatsoever are provided by this legal instrument. For this reason, the parties involved (called the Grantor and Grantee respectively) should be already known to one another. However, even if the Grantor and Grantee have an existing relationship, it is still best practice to run a title search to double-check there are no unexpected conflicting claims to the property.
Laws: (Section 11: Quitclaim Deed) – General Laws, Part II: “Real and Personal Property and Domestic Relations,” Title I: “Title to Real Property,” Chapter 183: “Alienation to Land”
Acts of ceremony unnecessary (Chapter 183; Section 1): Acts of ceremony are unnecessary for the lawful execution of a Quit Claim Deed, so long as the Deed is executed and delivered by the Grantor or their attorney.
Address of property (Chapter 183; Section 6B): The property’s street address should be noted in the margin of the Deed.
Alienage of the former owner (Chapter 184; Section 1): State law makes it clear that “aliens” (i.e., non-citizens of the United States) “may take, hold, transmit and convey real property,” and that titles will not be deemed invalid if a former owner is one.
Certificate of acknowledgment or proof (Chapter 183; Section 29): A Massachusetts Quit Claim Deed must either have a) a certificate of its acknowledgment or b) a certificate of the proof of its due execution. The certificate must be endorsed upon or annexed to the Deed.
Conveying unregistered land (Chapter 183; Section 6A): If the property or land being conveyed is unregistered, the Deed must provide sufficient details (as described in Section 6A) so that the property or land can be located within the Registry of Deeds.
Full consideration (Chapter 183; Section 6): The amount of the full consideration (i.e., the total price of the conveyance assumed by the Grantee, including liens and encumbrances) must be stated in dollars. Alternatively, “the nature of the other consideration therefor, if not delivered for a specific monetary sum” must be stated.
Grantee’s details (Chapter 183; Section 6): The Quit Claim Deed must state the Grantee’s full name and residence and post office address.
Grantee’s rights (Chapter 183; Section 7): This section establishes the Grantee’s rights of entry upon the valid conveyance of land.
Language considerations (Chapter 183; Section 12 and Chapter 183; Section 17): State law establishes that the word “grant” represents the acts described by the words ”give, bargain, sell and convey.” Consequently, these words should be avoided in the Quit Claim Deed because they signal a guarantee or warranty that cannot be offered by this type of Deed.
The form should also be sure to avoid describing itself as a “quickclaim covenant” or a “limited covenant,” as these are entirely different types of Deeds which, unlike a Quit Claim Deed, do provide some degree of title guarantee.
Written instrument requirement (Chapter 183; Section 3): It is a requirement for the Quit Claim Deed to be in writing in order to transfer the interest described by its terms. The Massachusetts Quit Claim Deed form provided above upholds this legal requirement.
Recording of statements relating to title (Chapter 183; Section 5A): While not mandatory, the Grantee has the option of recording a statement which relates to the land title. The reason it may be wise to record such a statement is that it can be used as evidence of the title in any future court proceedings regarding the title. The statement must state the Grantee’s date of birth, or their status as married or unmarried, or with or without kinship, and be sworn before an authorized officer.
Signing requirements (Chapter 183; Section 30): The form must be acknowledged by the Grantor or their attorney or representative before a justice of the peace or Notary Public. If the acknowledgment takes place outside of the state or country, Massachusetts state law offers a wider range of acknowledgment options.
How to file a Quit Claim Deed in Massachusetts (Chapter 183; Section 4): In most cases, a Massachusetts Quit Claim Deed must be recorded in the Registry of Deeds Office, in whichever county or district the property is located. A filing fee will need to be paid, which the Registry of Deeds Fee Schedule states is one hundred and twenty-five dollars ($125.00) for a Deed.
In counties with land banks, other requirements may need to be upheld to qualify for recordation. In order to ensure the correct procedures are followed, the filer of the Deed is recommended to contact their respective county for more detailed information.
Chapter 183; Section 5 makes it clear that Massachusetts follows a “notice recording statute.” What this means for the parties of a Quit Claim Deed is that if they do not record it, another party could hypothetically purchase the same property under the impression that the property is free from any other claims. As they only formed this impression because they were not given due notice that the property was, in fact, claimed by another party, state law will allow them to retain the title to the property. By implication, the party who did not give due notice will be left empty-handed.