The two kinds of real estate deeds in Massachusetts are official or private deeds. Official deeds result from court orders or proceedings, while private deeds are generally used by individuals and businesses. These deeds can be further broken down into types of title warranties offered by the grantor.
Types of real estate deeds
A General Warranty Deed is most often used in real estate transfers and offers the most protection to the grantee. The grantor must legally promise that they are the true owners of the real estate and are responsible for any prior claims for the property.
A special warranty deed is where the grantor warrants that during the time they held the deed, no defects were incurred. It does not cover any defects or liens against the property prior to the grantor’s ownership.
A quit claim deed is also known as a non-warranty deed. The grantor makes no legal promises or warranties about the quality of the title. This deed offers no protections to the grantee, as legal recourse cannot be had against the grantor for any defects to the deed.
A special purpose deed usually offers no protections for the grantee and are very similar to quit claim deeds. These deeds are often used for court proceedings or after someone has died. They include:
- Deed of gift – property gifted to another
- Deed in lieu of foreclosure – a bank receives the title of the property instead of foreclosing on it
- Administrator’s deed – someone has died without a will and the property is transferred to another
- Tax deed – property sold for unpaid taxes
The purpose of a deed
A deed is necessary to transfer a real estate title to someone else. They are legal documents that must contain certain provisions, and they cover any land or property along with unmovable structures located on it.
If a deed is missing any provisions, it may not be legally acceptable. This is why it is always a good idea to consult with an experienced real estate attorney when dealing with any transfer of real property.
