The most common deed used to transfer interests in Massachusetts real estate is the quitclaim deed.
Table of Contents
- What Is a Quitclaim Deed in Massachusetts?
- Why You Need a Properly Drafted Quitclaim Deed
- Deeds to Property in Massachusetts
- Find the Right Quitclaim Deed Lawyer in Boston
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What Is a Quitclaim Deed in Massachusetts?
A Massachusetts quitclaim deed — also known as a quitclaim covenant is comparable to special warranty deeds in other state. Quitclaim deeds are a document used to legally transfer property and buildings from one party to another, such as a seller and buyer. To put this into perspective, let’s look at the three types of real estate deeds used for residential transactions in Massachusetts:
- Warranty deed: A warranty deed assures the grantee that they own and have the legal right to transfer the property. The warranty deed also ensures the grantor agrees to defend the title against any legal claims that may have occurred both before and during ownership and that the property is free of any impediments. This type of deed offers the highest amount of protection and assurance.
- Release deed: On the opposite end, the release deed provides the least assurance of all three types. A grantor uses a release deed to simply transfer their rights in the property but does not give any protections regarding the title.
- Quitclaim deed: The quitclaim deed falls in the middle of the three deeds. A grantor can use a quitclaim covenant as a purchase agreement to transfer the property by terminating — or quitting — their claims or rights on the property. This type of deed does not provide any warranty regarding the specifications of the title before the property is sold. This means that if there are some lingering interests in the property not disclosed specifically in the quitclaim deed, the grantor is not liable.
With a quitclaim deed, the grantor does not cover any preexisting encumbrances on the property, such as restrictions or easements. The quitclaim covenant only guarantees the grantor will defend any legal claims to the title during the grantor’s ownership, but not any made prior to ownership under Massachusetts law.
Essentially, assurances with a quitclaim deed are similar to a warranty deed, but it limits the grantor’s liability for legal issues arising from the title depending on how far back in ownership the issues resulted.
It’s critical that the buyer conduct a thorough title search to determine what interest the property the grantor is selling and if there is any other concealed interest. Along with this search, it’s important to ensure your quitclaim deed is drafted, filed, and processed properly to avoid these kinds of problems. The team of attorneys at Calabrese Law Associates can help you with your real estate transfers, deed drafting, and title searching.
Why You Need a Properly Drafted Quitclaim Deed
When you buy a new home, the amount of paperwork involved can be intimidating and confusing. Though it can be time-consuming, that paperwork is necessary to acquire or transfer title to real estate in Massachusetts and to protect your interests in the event of a problem or issue with the house. This is true whether you are the buyer or seller.
To buy a house, you will need a properly drafted deed to ensure that your ownership of the home is clear and properly defined. If your deed is not properly drafted, you may find yourself in a situation where you actually purchase the wrong property lot, less property or land than you intended, or possibly more property than intended.
The experienced real estate attorneys at Calabrese Law Associates will ensure that your deed is properly drafted, correctly identifies the property you are purchasing, and satisfies all legal requirements in Massachusetts. At Calabrese Law Associates, we can assist you in matters related to Massachusetts real estate, including providing quitclaim covenant attorneys who have experience in Boston.
Deeds to Property in Massachusetts
A deed to real estate is the document that transfers ownership of a home or other piece of real estate from one person to another. The law requires these documents to be written, signed, and notarized to be legally binding.
Keep the following in mind about deeds to real estate in Massachusetts:
- The deed will be recorded in the same county where the property is located. So, for instance, if you sell your house in Winchester, the deed must be filed in Middlesex County.
- The buyer determines how the title of the property they purchase will be held.
- In the case of a co-buyer, they may choose to be tenants in common, joint tenants, or tenants by the entirety if married.
Although quitclaim deeds are the most common in Massachusetts, it is advisable to consult with the real estate attorneys at Calabrese Law Associates early in the process so we can advise you on the various deed types and which deed type is best for you.
Find the Right Quitclaim Deed Lawyer in Boston
At Calabrese Law Associates, we offer reliable and effective legal representation for a range of legal matters. We effectively serve clients who need real estate law services, trial and litigation representation, construction law services, appellate litigation counsel, administrative law, contract preparation and negotiation, business start-up law, and government regulation legal services. We will strive to provide all clients with the highest quality legal services by remaining mindful of their unique goals and circumstances.
Whether your real estate transaction is located in the city of Boston or the Greater Boston Area, Calabrese Law Associates can help you close your deal. Contact us today at Calabrese Law Associates for assistance with your real estate closing.
While Calabrese Law Associates does offer legal help for landlord-tenant disputes, it is extremely rare that we take on these cases. Only about 1% of tenant-related cases and 10% of landlord-related cases will be considered by our law firm.
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