Massachusetts Quitclaim Deed with Covenants

Real estate conveyances in Massachusetts are governed under Massachusetts General Laws Chapters 183 and 184.

Quitclaim deeds with limited covenants are used to transfer the rights, title, and interest in real estate, if any, from the grantor (seller) to the grantee (buyer). When using this kind of deed, the grantor "covenants that the property is free from all encumbrances," and that he will "warrant and defend the same to the grantee forever against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other" (G.L.c. 183 sec. 17). Because of these covenants, this form is valid as-is for use as a special warranty deed in Massachusetts.

In addition to meeting all state and local standards for recorded documents, a lawful deed identifies the name, address, and marital status of each grantor and grantee (G.L.c. 183 sec. 6). State law requires that all land records contain information on how the grantee will hold title (G.L.c. 184 sec. 7). For Massachusetts residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety. A grant of ownership of real estate to two or more persons, regardless of marital status, is presumed to create a tenancy in common, unless the deed expressly states otherwise (G.L.c. 184 sec. 7).

As with any conveyance of real estate, a quitclaim deed with limited covenants requires a complete legal description of the parcel. The deed must state the amount of the full consideration, or the total price for the conveyance (G.L.c. 183 sec. 6). Based on the consideration paid, an excise tax (also known as a transfer tax or stamp tax) is collected from the seller (G.L.c. 64D sec. 1,2).

Record the completed deed at the local County Registry of Deeds office. Some counties (Berkshire, Bristol, Essex, Middlesex, Worcester) are split into two or more recording districts. Make sure to record the deed in the correct recording district. If the deed pertains to registered land, submit the deed to the Registry District of the Land Court. Include all relevant affidavits, forms, and fees along with the deed for recording. For guidance related to supplemental documentation, speak with the local Registry of Deeds office.

This article is provided for informational purposes only and is not a substitute for legal advice. Contact a lawyer with questions about quitclaim deeds with limited covenants or transfers of real property in Massachusetts.

(Massachusetts QCD with Covenants Package includes form, guidelines, and completed example)