What Are the Different Types of Real Estate Deeds in Massachusetts?

When it comes to transferring ownership of real estate in Massachusetts, understanding the different types of deeds is crucial. A deed is a legal document that conveys ownership interests in real property from one party to another. In Massachusetts, there are primarily three types of deeds that are used in all transactions: Release Deeds, Quitclaim Deeds, and Warranty Deeds. The vast majority of property in Massachusetts is transferred via a quitclaim deed. Home buyers typically receive the same type of deed from a seller that the seller received when purchasing the property.

Each type of deed offers varying levels of protection to the grantee (the buyer of property) from the grantor (the seller of property) and carries specific implications for the title's integrity. Below we discuss the differences and the varying levels of protection provided by each.

Warranty Deeds

Warranty Deeds provide the highest level of protection to the grantee. A Warranty provides the grantee with four assurances upon the purchase of a property:

1. The grantee does in fact own the property in what is called “fee simple absolute.” This simply means that the grantee owns and retains both title and possession to the property in its entirety. They own it outright, with no limitations or restrictions.
2. It guarantees that the property is free of any and all encumbrances, except for any that may already be expressly stated in the deed.
3. It guarantees that the grantor has the legal right to sell or transfer their title.
4. The grantor guarantees that they will defend any title claims that arise during their time as the owner, along with the time period predating their ownership. It is this element that gives the Warranty Deed the most comprehensive protection to the grantee – because it covers not only the period the grantor owned the property, but the entire history beforehand as well. In a state like Massachusetts where titles have been changing hands all the way back to the Eighteenth century, this is a great added assurance to have.

Quitclaim Deeds

The Quitclaim Deed is the most commo type of deed used for property conveyances and transfers in Massachusetts. Quitclaim Deeds also transfer the grantor’s title in the property to the grantee, but they come with less assurances compared to a Warranty Deed. Quitclaim Deeds provide assurances only for the period that the grantor owned the property. The grantor still assures that they have absolute ownership, that the title has not been encumbered other than any specific mentions in the deed, and the grantor has the legal right to sell and transfer their title. But this type of deed only covers any encumbrances that were made by the grantor during only their tenure as owner of the property. In other jurisdictions such as New Hampshire for example, this type of deed is referred to as a "Special Warranty Deed." 

Release Deeds

A Release Deed (sometimes referred to as a Quitclaim Release Deed) is the simplest form of deed used in real estate transactions. This type of deed releases any interest or claim the grantor may have in the property to the grantee. The Release Deed, however, provides the least amount of protection to the grantee. The grantee receives no guarantees about the quality of the title or any potential encumbrances on the property. Release Deeds are often used in situations where there is no question about the title's integrity, such as the transfer of property within a family. The grantor does not need to assure the title is valid in any manner, thus this type of deed provides no assurances whatsoever.

In summary, the type of deed used in a real estate transaction can have significant implications for both the grantor and grantee. Warranty Deeds offer the highest level of protection by guaranteeing the quality of the title even before the grantor took ownership. While Quitclaim Deeds offer protection for the period that the grantor owned the property being sold. And lastly, Release Deeds offer absolutely no assurances to the buyer at all. When entering into a real estate transaction in Massachusetts, it's essential to understand the implications of each type of deed and choose the one that best suits your needs and objectives. Consulting with a qualified real estate attorney can help ensure that your interests are protected throughout the transaction process.

This blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By reading this blog you understand that there is no attorney client relationship between you and Lane, Lane & Kelly, LLP.