Massachusetts - Berkshire County Warranty Deed Form

All Berkshire County specific forms listed below are included in your immediate download:

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*Massachusetts and Berkshire County supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Berkshire County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Berkshire County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Warranty Deed Forms:

• Berkshire County

Including:

• Adams
• Ashley Falls
• Becket
• Berkshire
• Cheshire
• Dalton
• Drury
• East Otis
• Glendale
• Great Barrington
• Hinsdale
• Housatonic
• Lanesboro
• Lee
• Lenox
• Lenox Dale
• Mill River
• Monterey
• North Adams
• North Egremont
• Otis
• Pittsfield
• Richmond
• Sandisfield
• Savoy
• Sheffield
• South Egremont
• South Lee
• Southfield
• Stockbridge
• Tyringham
• West Stockbridge
• Williamstown
• Windsor

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What is the Massachusetts Warranty Deed?

A warranty deed is a type of real estate deed that is used to transfer title to real property. A duly executed warranty deed in Massachusetts includes covenants on the part of the grantor that at the time of delivery of the deed, (1) he was lawfully seized in fee simple of the granted premises, (2) that the granted premises were free from all encumbrances, (3) that he had good right to sell and convey the same to the grantee, his heirs, and assigns, and (4) that he, his heirs, assigns, executors, and administrators will warrant and defend the same to the grantee and his heirs and assigns against the lawful claims and demands of all persons (183-10). The statutory form for a warranty deed can be altered according to circumstance.

The grantor must sign the warranty deed and have his signature acknowledged. A warranty deed cannot be recorded in Massachusetts unless there is a certificate of acknowledgement or proof of its execution endorsed on the deed or attached to it. The certificate will be recorded with the deed (183-29). The acknowledgement of a warranty deed can be made by one or more of the grantors or by the attorney executing it. The officer before whom the acknowledgement is made should endorse the certificate of acknowledgment on the instrument. If acknowledgments are made in Massachusetts, they can be made before a notary public or justice of the peace. Acknowledgments made outside of Massachusetts can be made before any of the officers listed in 183-30b of the Massachusetts General Laws (183-30).

In order to be valid against people other than the grantor, his heirs, and devisees, and persons having actual notice, the warranty deed or other conveyance of an estate in fee simple must be recorded in the registry of deeds in the county or district where the land lies (183-4). The record of a deed, duly acknowledged or proved as provided, is conclusive evidence of the delivery of the instrument, in favor of purchasers for value without notice (183-5). Massachusetts has a race-notice recording act, which means that constructive notice is determined by the recording of documents. In each county in this state, there are two distinct systems of land records: Land Court property and property that has not been registered through the Land Court. The majority of property in each county is unregistered land.

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