Massachusetts Granting Clause is a legal term used to describe a fundamental provision in a deed or a conveyance document in Massachusetts. It reflects the intention of the granter to transfer the ownership and possession of a property to the grantee. This clause is essential for establishing a valid and enforceable real estate transaction in the state. The Massachusetts Granting Clause typically includes specific language that outlines the granter's intention to transfer the property rights. Common keywords and phrases found in this clause may include "convey and warrant," "grant, sell, and convey," or "bargain, sell, and convey." These terms signify the granter's commitment to transferring the property with a clear title, free from encumbrances, to the grantee. In Massachusetts, there are different variations of the Granting Clause, tailored to serve different purposes and interests. Some notable types of Granting Clauses in Massachusetts include: 1. General Warranty Deed Clause: This clause offers the highest level of protection to the grantee as it guarantees clear title and encumbrance-free ownership. The granter warrants that the property is free from any defects in title, even if they originated before the granter's ownership. 2. Special Warranty Deed Clause: This clause provides a limited warranty to the grantee, and it only warrants against defects in title that occurred during the granter's ownership. It does not cover any potential defects that existed before the granter's ownership. 3. Quitclaim Deed Clause: This type of Granting Clause offers the least amount of protection to the grantee. It conveys the granter's interest in the property as-is, without providing any warranties or assurances regarding the title. It is commonly used in situations where the granter may not have a clear or full ownership interest, such as in cases of divorce or transferring property between family members. Furthermore, it is crucial for both granters and grantees in Massachusetts to understand the type of Granting Clause used in their deed to ensure they fully comprehend the extent of the title guarantees and protections provided. Consulting with a licensed real estate attorney is highly recommended navigating the complexities of Massachusetts real estate transactions and accurately interpret the Granting Clause in a deed.
Massachusetts Granting Clause
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Right of Survivorship The deceased owner's estate does not receive any share of the property. Unlike a tenancy in common, a JTWROS co-owner cannot transfer their interest in the property without destroying the JTWROS.
Transfer ownership: Each tenant in common has the right to transfer their ownership interest. They may sell, gift, or mortgage their share. In the event the other owners of the property will be negatively impacted by the transfer, the owners must all agree to the transfer.
MGL Chapter 183 Section 59 provides that no mortgagee shall require a mortgagor to pay a penalty or late charge for any payment made within 15 days from the date such payment is due.
If a joint tenant sells his or her interest to an outside party, the new owner is a tenant in common. property acquired during a marriage and property already owned by each party at the time of marriage.
Massachusetts quitclaim deeds are distinct in that they include quitclaim covenants?which guarantee that the current owner did nothing to impair the property's title. A deed that transfers Massachusetts real estate with no warranty of title is called a release deed.
Since the joint tenants have equal interest, the property cannot be sold without the consent of all parties. Instead of selling, a joint tenant can choose to transfer their interest to another party. But it's important to note that when interest is transferred, the new party may not enter the joint tenancy.
The article you cite is correct that Massachusetts is a ?race-notice? state with respect to the enforceability of deeds.
The right the owners do need to have in common is the right of possession. However, each owner is only responsible for a proportionate share of expenses, taxes, and repairs. Each owner may sell or transfer his or her interest in the real estate without the others' consent.