A deed is an instrument by which an owner (the grantor) transfers an interest in land to a new owner (the grantee). No consideration is required to make the deed effective. The deed is necessary to transfer title to land even if it is a gift. It has no effect, and title does not pass until the deed has been delivered. The recording of the deed is not required to make the deed effective to pass title between the buyer and the seller. However, recording is necessary so that the public will know that the buyer is the present owner. Recording constitutes "notice to the world" of the transfer in title.
The grantor is the person selling the property. The grantee is the person buying the property. A grant deed is a deed containing an implied warranty that there are no encumbrances on the property not described in the deed and that the person transferring the property actually owns the title. It must describe the property by legal description of boundaries and/or parcel numbers, be signed by all people transferring the property, and be acknowledged before a notary public. It is in contrast to a quit claim deed, which only conveys the interest that the transferor actually owns, if any, without a warranty of ownership.
A Massachusetts Grant Deed is a legally binding document used to transfer ownership of real property from one party to another in the state of Massachusetts. It is commonly used in real estate transactions and ensures that the property is being conveyed with a clean and clear title. This type of deed contains specific information about the property, including its legal description, the names of the granter (seller) and the grantee (buyer), and the consideration for the transfer. It also includes any pertinent restrictions or conditions associated with the property. The Massachusetts Grant Deed is an important legal document as it guarantees that the granter actually owns the property and has the right to sell it. It provides the grantee with protection against any potential claims or liens on the property, up to the point of the granter's ownership. There are several types of Massachusetts Grant Deeds that can be used depending on the specific circumstances of the transaction: 1. General Warranty Deed: This type of Grant Deed provides the highest level of protection for the grantee. It includes specific warranties and covenants by the granter, guaranteeing that they have good and marketable title to the property, free from any encumbrances or defects. 2. Quitclaim Deed: A Quitclaim Deed transfers a granter's interest in the property to the grantee without providing any warranties or guarantees regarding the title. It is commonly used in family transfers, divorces, or when the granter's ownership interest is uncertain. 3. Limited Warranty Deed: This Grant Deed type provides certain warranties and covenants, but only for the time period when the granter owned the property. It offers less protection compared to a General Warranty Deed. 4. Bargain and Sale Deed: This type of deed conveys the property with no warranties or guarantees, except that the granter holds legal title and has the authority to transfer it. When dealing with Massachusetts Grant Deeds, it is essential to ensure that the appropriate deed type is selected based on the specific circumstances and level of protection required. It is highly recommended that both parties seek legal advice to ensure the deed accurately reflects their intent and protect their rights as property owners.
