Massachusetts Express Covenants

State:
Multi-State
Control #:
US-OG-792
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

A deed is a formal document conveying an interest in real property from one party to another. A covenant is most typically going to refer to a condition that is part of either of those transactions, such as a contractual covenant not to compete or a deed covenant to use property in a certain way.

The person whose name you want to remove must sign a new deed that conveys their interest in the property to someone else (you, most likely). See the answer above to learn about creating a new deed. Surprisingly, you don't have to do anything. You still own the property no matter what you call yourself.

There are up to six express covenants that may be found in a deed: the covenant of seisin, the covenant of the right to convey, the covenant against encumbrances, the covenant of quiet enjoyment, the covenant of general warranty, and the covenant of further assurances.

In other words, if your name is on the deed, you are tenants-by-the-entireties, and if one of you dies, the other owns the property entirely. If you are not on the mortgage for whatever reason, you are not liable for paying the mortgage loan. That said, you get your spouse's interest in the property if they die.

Deed restrictions cannot be enforced for more than thirty years unless a longer period is specifically stated. M.G.L. chap. 184 §23 provides that restrictions on the use of land that are ?unlimited as to time?

In the case of registered land, a certified copy of the death certificate and an affidavit of no divorce should be filed in the Land Court if the property is held as tenants by the entirety. The filing fee to record each document is $106.00 for Recorded (Registry) land or $105.00 for ( Registered) Land Court land.

Recording Requirements: Massachusetts General Law Chapter 183 § 4: Quitclaim deeds must be filed with the Registry of Deeds Office in the county where the property is located. Each Registry of Deeds Office charges a filing fee, which must be filed along with the deed. Transfer Tax: Yes.

How do I add or remove a name on my present deed? To change the ownership on a property you will have to prepare a new deed which conveys the property to the intended owners and record that new deed at the Registry of Deeds.

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Massachusetts Express Covenants