Buying Property with a Quitclaim Deed in Massachusetts

A Quitclaim? No problem. It’s Common Practice Here — and Safeguarding Your Title Is Straightforward.

Three major Massachusetts real estate deeds are commonly used: the quitclaim deed, the warranty deed, and the release deed. In contrast to most other places, Massachusetts home buyers receive their property through quitclaim deeds. So, we need to delve into the use of the quitclaim deed in Massachusetts.

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Massachusetts Probate: Estate Administration Deeds

What happens to your property after you die? Most likely, your assets will be subject to probate, the legal process of settling an estate and distributing any remaining property to those entitled to receive it. All assets that do not pass directly through a survivorship interest, beneficiary designation, or trust are subject to probate.

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Understanding the Difference Between Recorded Land and Registered Land in Massachusetts

The Torrens Act (Registered Land) is named after Sir Robert Torrens, an Australian customs administrator who established a system of recording ownership of ships in the 1850s. This system eventually spread to English speaking countries. Under the Registered Lands system, the owner’s certificate of title defeats any competing claims on the property that were not declared at the initial proceedings.

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