Barnstable County Recorder

The Barnstable County Registry of Deeds is responsible for recording and maintaining real property records for all 15 towns on Cape Cod.

An excise tax for deeds is assessed at the rate of $6.48 per $1,000 of stated value/consideration. Round off to the nearest $500 and calculate $3.24 per $500. Deeds for a value of $100.00 or less are not subject to an excise tax.

RECORDED LAND

A deed or easement is $155 to record, regardless of the number of pages.

A mortgage is $205 to record. A mortgage discharge is $105.

A foreclosure deed with an affidavit is $155 to record.

A declaration of homestead is $35, a declaration of trust $255, and most other documents are $105.

Non-statutory marginal references are $1.

If a self-addressed stamped envelope is not provided, add $1 to the recording fees.

Single instruments that affect more than one prior recorded instrument and/or attempt to perform two or more separate functions will be treated as a "multiple instrument" for fee purposes.

REGISTERED LAND

The fee to record a decree (not including a plan) is $125.

The fee to record a deed (issuance of new certificate) $155.

Mortgage 205.

* Documents must be on white paper of sufficient weight to reproduce legibly on registry scanners.

* The property address must be stated on the first page.

* Deeds and mortgages must reference the book and page of the deed associated with the property. For registered land, reference the certificate number of the deed associated with the property.

* For deeds, the amount of consideration must be stated in the document.

* The address of the grantee or assignee must be stated in the document.

* Releases or discharges should include the book and page number of the affected mortgage or lien document. For registered land, include the document number of the affected mortgage or lien document.

* The return name and address must be on the front or back of the document.

* Separate checks are required for recording fees and excise stamps.

* The document recording fees must be paid in the exact amount. No change will be given.

* Only attorney's and approved checks will be accepted for excise stamp payment.

* Documents should have a 2 inch top margin, a .75 bottom margin and 1 inch side margins on all pages.

* Documents should be printed in Times New Roman, no smaller than 10 point.


RECORDED VS. REGISTERED LAND

In Barnstable County, recorded land represents about 73% of all recordings. It is the most common form of land recording in Massachusetts. If there is a reference to a book and page number in the document description, or a reference to a book and page plan number, it is Recorded Land. Dealings with recorded land are based on the buyer beware concept, whereas Registered Land is more complex. If there is a reference number to a document number or Certificate of Title number in the property description, it is Registered Land.

If a document is to be filed with respect to both recorded land and registered land, it is to be filed in the Land Court first.