How to Fill Out and Record a Massachusetts Special Warranty Deed

A Massachusetts special warranty deed is actually prepared on the state’s statutory quitclaim deed form, because Massachusetts law does not use the “special warranty” label. The same limited protection is created by including the words “quitclaim covenants” or “limited covenants” in the granting clause, which obligates the grantor to defend the title only against claims arising from the grantor’s own period of ownership.¹ Once the deed is drafted with that language, signed before a notary, and the deed excise tax is paid, the county Registry of Deeds will accept it for recording.

What “Special Warranty” Means in Massachusetts

Massachusetts recognizes three levels of deed protection, and the vocabulary differs from what buyers coming from other states expect.

A warranty deed with full covenants guarantees the title against all claims, including defects that existed before the grantor took ownership.
A quitclaim deed with quitclaim or limited covenants guarantees only that the grantor personally created no encumbrances and will defend against claims arising from the grantor’s own acts. This is the Massachusetts equivalent of what other states call a special warranty deed.¹
A release deed transfers whatever interest the grantor holds with no guarantees at all. In many other states this is what people mean by “quitclaim deed.”

The wording distinction matters. If you want to give the grantee limited protection (standard in commercial sales and most fiduciary transfers), the deed must include “quitclaim covenants” or “limited covenants.” Using “release” or “remise, release, and quitclaim” language without those covenant words produces a release deed with no protection at all.

Information You Need Before Drafting

Parties

Every recorded deed must include the full name, residence, and street address of the grantee. The registry rejects deeds that omit this.² Use the grantor’s name exactly as it appears on the current recorded deed to keep the chain of title clean.

Consideration

The deed must state the full consideration, meaning the total price paid without subtracting any assumed mortgages or liens.² For a transfer involving no money (such as a family gift), write “nominal consideration” rather than leaving the field blank. A deed with no consideration recital at all will not be accepted without an attached affidavit or sworn declaration of consideration.³

Legal Description

Pull the property description from the most recent recorded deed. Do not draft a new one from a survey or tax map. A full metes and bounds description is best, but at minimum reference the prior deed’s Book and Page number so title examiners can follow the chain. For a condominium, include the unit designation and references to the master deed and declaration of trust.

Tenancy for Multiple Grantees

If the property is going to more than one grantee, say how they will hold title. If the deed is silent, Massachusetts defaults to tenancy in common, so each owner’s share passes through probate at death instead of to the surviving owner.⁴ The three options:

Tenants in common. Each owner’s share passes through their estate at death. Default if nothing is specified.
Joint tenants with right of survivorship. The deed must explicitly say “as joint tenants.”
Tenants by the entirety. Available only to married couples, with survivorship and some protection against one spouse’s creditors. The deed must specify “as tenants by the entirety.”⁴

Fixing the tenancy after recording requires a new deed with its own excise tax and recording fee, so get it right the first time.

Drafting the Deed

The form follows a predictable sequence. Work through it in order:

Grantor identification. Full legal name and mailing address of each person transferring the property.
Granting clause. This is where the covenant level is set. For special warranty protection, use language such as: “[Grantor] with quitclaim covenants does hereby grant to [Grantee]…” Those two words activate the statutory protections of M.G.L. c. 183, § 17.¹
Consideration. State the full dollar amount. Many preparers write it in both words and numerals.
Grantee identification. Full legal name, residence, and street address, plus tenancy type if there are multiple grantees.²
Legal description. Copy the metes and bounds from the prior deed, or at minimum reference the Book and Page number at the relevant registry.
Grantor’s marital status. If the grantor is married and the property is a primary residence, the non-titled spouse may need to sign to release any homestead interest.⁵
Recording area. Leave a blank space three inches from the top edge and three inches from the right edge of the first page for the registry’s stamps and recording data.⁶

Print on white paper no larger than 8.5 by 14 inches, one side only. Double-sided pages will be rejected, and text must be dark enough to reproduce on the registry’s scanners.⁶

Signing and Notarization

The grantor signs in the presence of a notary public. Massachusetts will not record the deed unless a certificate of acknowledgment confirming the grantor’s identity and voluntary signature is endorsed on or attached to the document.⁷ The grantee does not sign.

The notary block appears at the end of the deed and includes the date, the place of signing, and the notary’s statement that the grantor appeared personally and acknowledged the signing as their free act and deed. The notary applies an official seal and prints the commission expiration date. Bring government-issued photo identification.

Every grantor must sign and have their signature separately acknowledged. A deed signed by only some of the owners transfers only those owners’ interests, which is almost never the intent.

Paying the Deed Excise Tax

The registry will not record the deed until the Massachusetts deed excise tax is paid in full.⁸ The tax is calculated on the full consideration stated in the deed.

The statutory rate is $2.28 for every $500 of consideration or fraction of that amount, which works out to $4.56 per $1,000.⁸ A $500,000 sale owes $2,280. Barnstable County charges a higher combined rate of $5.70 per $1,000 because of a local surcharge, so the same $500,000 sale there costs $2,850.

Some transfers are exempt. Deeds where the Commonwealth or the United States is a party are not subject to the tax, and gifts for nominal consideration of $100 or less fall below the statutory threshold. The first $100 of consideration is excluded from the calculation in all cases.

Recording the Deed

Submit the signed, notarized deed to the Registry of Deeds in the county where the property sits. You can deliver it in person, mail it with the required fees, or submit electronically through an approved vendor.

The standard recording fee for a deed is $155, separate from the excise tax.⁹ If mailing, include a check payable to the Registry of Deeds covering both the recording fee and the excise tax, plus a self-addressed stamped envelope if you want the recorded deed returned.

Most registries accept electronic recording through vendors such as Simplifile, CSC, and EPN, though availability varies by county.¹⁰ E-recording is used mostly by attorneys and title companies; individual owners typically record in person or by mail.

Registered Land

A small share of Massachusetts property is registered through the Land Court rather than the standard recording system. If the current deed references a Land Court certificate of title rather than a Book and Page number, the new deed must be filed with the Land Registration Office at the appropriate registry under the Land Court’s procedures.

Timing

Once the registry accepts the deed, staff assign an instrument number and a Book and Page reference. The deed is deemed recorded at the moment the instrument number is assigned.³ That timestamp sets priority over any later-filed claims against the property, so record promptly after closing.

Related Obligations Around the Transfer

A few obligations sit outside the deed itself but must be handled before, at, or just after closing.

For a home built before 1978, the seller must give the buyer the Property Transfer Lead Paint Notification before the purchase and sale agreement is signed, along with any lead inspection reports, risk assessments, letters of compliance, and letters of interim control.¹¹ Both parties sign the certification page. Sellers who skip this step face civil penalties under state law and civil and criminal penalties under federal law.¹²

Sellers of one- or two-family dwellings must obtain a Certificate of Compliance from the local fire department confirming smoke and carbon monoxide alarms meet M.G.L. c. 148, § 26F. Smoke alarms cannot be more than 10 years old. Schedule the inspection early, since many towns inspect only on specific days.

Properties on private septic systems need a passing Title 5 inspection under 310 CMR 15.301. A passing report is valid for two years from inspection, or three if the system has been pumped annually.

Homestead protection ends when you sign the deed transferring the property. If you are buying a new home, file a fresh Declaration of Homestead at the Registry of Deeds for $35 after your purchase deed is recorded; it must be a separate document, signed by each owner being protected and acknowledged before a notary.⁵

On the federal side, the closing agent generally files IRS Form 1099-S reporting the gross proceeds, with a copy to you.¹³ A deed for nominal consideration is treated as a gift; if the property’s fair market value exceeds the annual gift tax exclusion of $19,000 per recipient in 2026, the grantor must file IRS Form 709 even if no tax is actually due.¹⁴ When the grantor is a foreign person, the buyer must withhold 15 percent of the amount realized under FIRPTA, with reductions to 10 percent for residential use at prices up to $1,000,000 and no withholding for residential use at $300,000 or less.¹⁵ Foreign-seller issues can delay closing, so raise them early.

1
General Court of Massachusetts. Massachusetts Code Chapter 183 Section 17 – Quitclaim Covenants or Limited Covenants
2
General Court of Massachusetts. Massachusetts Code Chapter 183 Section 6 – Name and Address of Grantee; Recital of Consideration; Failure to Comply
3
Massachusetts Registers and Assistant Registers of Deeds Association. Massachusetts Deed Indexing Standards
4
Middlesex North Registry of Deeds. Massachusetts Real Estate Ownership
5
Mass.gov. Memo: New Homestead Law (Chapter 188) – Section: Section 5 – Execution and Content
6
Secretary of the Commonwealth of Massachusetts. Indexing and Formatting Standards
7
General Court of Massachusetts. Massachusetts Code Chapter 183 Section 29 – Necessity of Acknowledgment of Deed; Recordation
8
General Court of Massachusetts. Massachusetts Code Chapter 64D – Excise on Deeds, Instruments and Writings
9
Secretary of the Commonwealth of Massachusetts. Registry of Deeds Fee Schedule
10
Secretary of the Commonwealth of Massachusetts. E-Recording Vendors
11
Mass.gov. Property Transfer Lead Paint Notification
12
General Court of Massachusetts. Massachusetts Code Chapter 111 Section 197A – Notice to Prospective Purchasers of Premises of Hazards of Lead
13
Internal Revenue Service. About Form 1099-S, Proceeds from Real Estate Transactions
14
Internal Revenue Service. Gifts and Inheritances
15
Office of the Law Revision Counsel. 26 U.S. Code 1445 – Withholding of Tax on Dispositions of United States Real Property Interests