Have you ever wondered which deed is the safest choice when transferring property in Massachusetts? We often meet folks who are unsure about the best way to protect themselves against unknown title defects.
At Jordan & White, LLC, we handle Massachusetts estate planning, real estate transactions, and probate matters, so we know how vital it is to select the appropriate deed. We put this guide together to help you pick the deed that best matches your circumstances and peace of mind.
What is a Deed?
A deed is a written instrument that transfers property ownership from the grantor (the individual giving up rights) to the grantee (the individual receiving rights). This document details who is selling, who is buying, and a legal description of the real estate.
In Massachusetts, three primary deeds are used: warranty deeds, quitclaim deeds, and release deeds. Most residential properties in our state often change hands via a quitclaim deed, but understanding all three types helps you decide what’s appropriate for your particular situation.
Warranty Deeds Explained
Warranty deeds provide the buyer with broader assurances than other deed types. They are commonly used in real estate sales where the buyer wants stronger protection against potential title problems.
A warranty deed states that the grantor holds valid ownership and can pass it to the grantee without hidden claims. This can help buyers feel more at ease, especially if the property has a long chain of previous owners.
Key Assurances of a Warranty Deed
- The grantor has complete ownership, known as fee simple, allowing full rights to the property.
- The property is free of liens or other encumbrances that are not mentioned in the deed.
- The grantor is legally permitted to transfer the property.
- The grantor promises to defend the grantee against challenges that arose both during and before the grantor’s time of ownership.
Quitclaim Deeds: A Closer Look
A quitclaim deed is widespread in Massachusetts, yet it offers fewer buyer safeguards than a warranty deed. Unlike a warranty deed, the quitclaim deed covers only the period during which the grantor held the property.
This means if any title issues predate the grantor’s ownership, the grantor will not be responsible. Quitclaim deeds are appealing when buyers have confidence in the chain of title, perhaps due to a family transaction or a robust review of past ownership records.
That said, it’s good practice to confirm the property’s history ahead of time because the promise covers only what happened while the grantor was in control. The grantor declares that they have not added liens or encumbrances except for those openly stated in the deed.
Release Deeds
Release deeds carry the least protection of the three. With a release deed, the buyer receives whatever interest the grantor might possess, if any.
In these transfers, the grantor does not affirm that they had a valid title to begin with, nor do they assume liability if the title is defective. A release deed is often used for property distributions among family members or in cases where everyone is already sure of the property’s standing.
Under a release deed, there is no statement guaranteeing the absence of hidden liens, so it provides minimal comfort to the grantee. Nonetheless, if trust levels or prior records are sufficiently solid, a release deed can be a quick way to update who holds ownership rights.
Key Differences and When to Use Each Deed
When deciding which deed to use, consider how much protection the grantee needs, the nature of the transaction, and the relationship between the parties. Below is a quick comparison to help clarify major distinctions.
| Deed Type | Title Protection | Grantor Liability | Typical Use |
| Warranty Deed | Extensive assurances: covers current and past ownership periods | High—grantor is liable if issues arose at any point before or during their ownership | Sales with unrelated parties, conventional mortgages, or uncertain title history |
| Quitclaim Deed | Moderate assurances: covers only the grantor’s ownership | Medium—grantor is liable only for defects introduced during their ownership | Common for most Massachusetts home sales, transfers among those with some trust |
| Release Deed | Minimal assurances: passes whatever interest the grantor holds | Low—grantor is not liable for defects at all | Transfers between relatives or low-stakes situations with no title questions |
Title Protection
Warranty deeds specify that the grantor defends the buyer against title problems from current and past owners. Quitclaim deeds only offer a promise that the grantor’s actions have not introduced harm. Release deeds do not pledge anything about past or present title conditions.
Grantor Liability
Under a warranty deed, the grantor is on the hook for any hidden issues, even if they began decades ago. A quitclaim deed leaves the grantor responsible only for their period of ownership. A release deed eliminates any protective promises that might expose the grantor to future title disputes.
Suitable Situations
If you are buying property from a person you don’t know well, a warranty deed can help shield you from old claims. For a sale among family members or when a buyer feels confident after a title check, a quitclaim deed is often enough. Meanwhile, a release deed might be chosen for shifting ownership among siblings or spouses, especially if no one questions the property’s validity.
The Importance of a Title Search
Before relying on a quitclaim deed, it’s advisable to complete a thorough title search. This search can reveal liens, mortgages, or older claims that might affect the property’s free transfer.
A comprehensive search can spare you from unpleasant surprises. If the property has an unreleased lien from a prior owner, the new owner could face enforcement or added costs. By looking carefully at the chain of title, you reduce the chance of discovering hidden issues later on.
Drafting and Recording Requirements in Massachusetts
When you prepare a deed in Massachusetts, certain protocols apply. The recorded deed must have the purchase price disclosed for tax stamp calculations, and the deed must be notarized to confirm the seller’s signature is genuine.
The buyer typically pays a recording fee, which is often around $155. This fee covers the cost of filing the deed at the local registry of deeds so that the new ownership is on the official record. That document becomes the legal proof of who holds the title.
Because these requirements affect validity and cost, it is wise to confirm all steps are carried out in the correct county. Small drafting errors sometimes delay property transfers, so be sure each detail lines up properly for a smooth transaction.
Making the Right Choice: Factors to Consider
Choosing between a warranty and a quitclaim deed can be simpler if you look at specific variables. These include the relationship with the person on the other side of the deal, the history of the property’s ownership, your comfort with risk, and your plans for financing.
Relationship Between Parties
You might feel confident with a quitclaim deed if you know the grantor well or if it’s a family handoff. The mutual trust level often matters. With a neutral or unfamiliar party, you might favor a warranty deed.
Title History
We encourage you to research how the property changed hands in the past. If the property has a chain of owners, a warranty deed might be helpful. If the title is already transparent, a quitclaim deed can still do the job.
Risk Tolerance
Buyers who prefer more security in their purchase may lean toward a warranty deed. A quitclaim deed works for someone who is comfortable with limited assurances. A no-assurance arrangement, such as a release deed, is generally seen when trust is high or the parties are related.
Financing
Many mortgage lenders insist on receiving a warranty deed since they want strong coverage of any title pitfalls. When a deed type doesn’t match their comfort level, a bank might refuse to finance. Being aware of lender requirements can smooth the purchase process.
Need Assistance with Real Estate Deeds? Contact Jordan & White, LLC, Today
We take pride in supporting buyers and sellers throughout Massachusetts so that property transactions stay on track. Whether you prefer a warranty or a quitclaim deed, we can clarify the pros and craft the paperwork carefully. Feel free to call us at 978-744-2811 or visit our Contact Us page for direct help. We are committed to seeing that every deal is handled properly and that your property objectives are met with calm efficiency.