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Real Estate Deed

A deed is a written document that transfers ownership of a piece of real estate from one person or entity to another.

The grantor is the person or party that is conveying the property (seller, owner, etc), while the grantee is the person or party that will be receiving the property/deed (buyer).

Types of Deeds in Massachusetts

1. Warranty deed - This type of deed is extremely rare. In this deed the seller of the property warrants that his title is good and that if anything is defective, he will fix the defect, no matter when the defect occurred; even if it occurred before his or her ownership of the property.

2. Quit-Claim Deed - This is the most common type of deed in Massachusetts. The quit-claim deed basically states that the seller warrants that they didn't do anything which would cause the title to be defective. If it turns out he did, he will fix whatever is wrong. However, the owner will not be required to fix anything that happened before his or her ownership. Their responsibility is only to any damage that occurred during their ownership, not before.

3. Release Deed - This type of deed occasionally happens in Massachusetts. A release deed states that the seller/grantor of the property will not be responsible for anything that is wrong with the property, they will simply convey the property to the recipient "as-is."

Requirements to a Valid Deed

There are seven requirements for a deed to be valid in Massachusetts.

1. Must contain the name or names of the seller/grantor.
2. Must contain words of conveyance. This means it must be clear in the writing that the property is being transferred. "Grant" is the term that is used most often.
3. Contain name or names of the recipient of the property.
4. Have a complete and accurate description of the property being transferred.
5. Contains the grantor's signature or the signature of the grantor's duly authorized attorney under the power of attorney.
6. Official Seal
7. Signature of the grantor has to be "acknowledged" by a notary public, with an impartial witness. An impartial witness is someone who doesn't stand to gain or lose anything as a result of the transaction.

Also, the deed must be physically delivered to the recipient of the property, or their attorney, and there must also be public notification of the transfer. Public notification can be done by the recipient notifying the registry of deeds of the transfer (most common).

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