The most common deed used to transfer interests in Massachusetts real estate is the “Quitclaim Deed.” Quitclaim Deeds in Massachusetts carry certain covenants (promises) provided as a matter of law:
“In a conveyance of real estate the words ”quitclaim covenants” or the words ”limited covenants” shall have the full force, meaning and effect of the following words: ”The grantor, for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs, successors and assigns, that the granted premises are free from all encumbrances made by the grantor, and that he will, and his heirs, executors, administrators and successors shall, warrant and defend the same to the grantee and his heirs, successors and assigns forever against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other”. M.G.L. c. 183 § 17.
When you buy a new home the amount of paperwork involved can be intimidating and confusing to most people. Yes, it can be time-consuming, but that paperwork is necessary to acquire title to real estate in Massachusetts and to protect your interests in the event of a problem or issue with the house – this is true whether you are the buyer or seller. To buyer a house you will need a properly drafted deed to ensure that your ownership of the home is clear and properly defined. If your deed is not properly drafted you may find yourself in a situation where you actually purpose the wrong property lot, less property than you intended, or possibly more property than intended.
The experienced real estate attorneys at Calabrese Law Associates, will ensure that your deed is properly drafted, correctly identifies the property you are purchasing, and satisfies all legal requirements in Massachusetts. At Calabrese Law Associates, we can assist you in matters related to Massachusetts real estate, including providing warranty deed attorneys who have experience in Boston.
Deeds to Massachusetts Property
A deed to real estate is the document that transfers ownership of a home or other piece of real estate from one person to another. The law requires these documents to be written, signed and notarized to be legally binding.
A few things to keep in mind about deeds to real estate in Massachusetts:
- The deed will be recorded in the same county where the property is located. So, for instance, if you sell your house in Winchester, the deed must be filed in Middlesex County.
- The buyer determines how the title of the property they purchase will be held.
- In the case of a co-buyer, they may choose to be tenants in common, joint tenants, or tenants by the entirety (if married).
Although Quitclaim deeds are the most common in Massachusetts, its advisable to consult with the real estate attorneys at Calabrese Law Associates early in the process so we can advise you on the various deed types and which deed type is best for you.
Find the Right Real Estate Attorney in Boston
Whether your real estate transaction is located in the city of Boston or the Greater Boston Area, Calabrese Law Associates can help you close your deal. Contact us today for assistance with your real estate closing.