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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.
Get your Berkshire County Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.
Prints too small no field for state or county to be typed in on notary acknowledgment
The informational instructions & example was excellent - clear & concise.
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