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In Massachusetts, real estate conveyances are governed primarily by Chapter 183 of the Massachusetts General Laws. Recording and acknowledgment are central to the validity and enforceability of a deed.

A deed must be executed and delivered by the grantor (or the grantor’s authorized attorney) in order to convey an interest in land (M.G.L. c. 183, § 1). An instrument that is not in writing and signed by the grantor has the effect of an estate at will only and does not transfer a greater estate (§ 3).

Acknowledgment and Recording

A deed cannot be recorded unless a certificate of acknowledgment or proof of execution is endorsed on or attached to the instrument (§ 29). The grantor must acknowledge the deed before a notary public or justice of the peace within Massachusetts, or before an authorized official if acknowledged outside the Commonwealth (§ 30). When acknowledged outside Massachusetts, a certificate of authority may be required to verify the officer’s authority (§ 42).

To be accepted for recording, a deed must also include:

• The grantee’s mailing address (§ 6)
• A statement of the full consideration for the conveyance (§ 6)

Recording is accomplished in the Registry of Deeds in the county or registry district where the property is located. In some areas, recording may occur in a Land Court registration district rather than the traditional registry system.

The record of a duly acknowledged deed serves as conclusive evidence of delivery in favor of purchasers for value without notice (§ 5).

Forms of Conveyance and Ownership

Massachusetts provides statutory short-form deeds that may be used and modified as circumstances require. The availability of statutory forms does not prohibit the use of alternative forms (§ 7).

Any person of lawful age with contractual capacity may hold and convey real property. Corporations and aliens may also acquire, hold, transmit, and convey real estate in Massachusetts, and no title is invalid merely because of the alienage of a prior owner (§ 184.1).

A conveyance remains effective to transfer whatever title the grantor possesses, even if the land is held adversely by another (§ 7).

Recording and Priority

Massachusetts follows a notice recording system. A conveyance is not valid against third parties other than the grantor and those with actual notice unless it is recorded in the appropriate registry (§ 4). Recording provides constructive notice and protects purchasers who acquire property for value without notice of prior unrecorded interests.

Because Massachusetts requires proper acknowledgment, inclusion of grantee address and consideration, and recording in the appropriate registry district, careful compliance with statutory formalities is essential to ensure that a deed is effective and protected against later claims.