Special Warranty Deed (Quitclaim with Covenants)

QUITCLAIM DEED WITH COVENANTS

(Massachusetts Form of Special Warranty Deed)

Commonwealth of Massachusetts

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

3" x 3" SPACE FOR REGISTRY OF DEEDS USE

DOCUMENT INFORMATION

QUITCLAIM DEED WITH COVENANTS

KNOW ALL PERSONS BY THESE PRESENTS:

This Deed is made this _____ day of _________________, 20_____

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

_____________________________________________
(Name)

of _____________________________________________
(Address - Street, City/Town, State)

Marital Status:
☐ Unmarried
☐ Husband and wife
☐ As to Grantor _________________________, unmarried
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.2 Grantee(s)

_____________________________________________
(Name)

of _____________________________________________
(Address - Street, City/Town, State)

Vesting:
☐ Unmarried
☐ Husband and wife, as tenants by the entirety
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

For consideration paid of $_____________________ (____________________ Dollars), receipt of which is hereby acknowledged, grant(s) to the Grantee(s), with QUITCLAIM COVENANTS:

Section 2.2 Legal Description

The land in _________________, _________________ County, Massachusetts, bounded and described as follows:

See Exhibit "A" attached hereto and made a part hereof.

Property Address: _____________________________________________

For title reference, see deed recorded with the _________________ County ☐ Registry of Deeds ☐ Registry District of the Land Court in Book _______, Page _______, or as Document No. _______ on Certificate of Title No. _______.

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Quitclaim Covenants (Special Warranty)

By use of the words "QUITCLAIM COVENANTS" in this deed, the Grantor covenants with the Grantee that the premises are free from all encumbrances made or suffered by the Grantor, and that the Grantor will warrant and defend the title against the lawful claims and demands of all persons claiming by, through, or under the Grantor, but against none other.

Section 3.2 Effect of Covenants

Under Massachusetts law, the words "quitclaim covenants" provide LIMITED covenants of title, specifically:

(a) That the premises are free from encumbrances made or suffered by the Grantor; and

(b) That the Grantor will warrant and defend the title against claims of persons claiming by, through, or under the Grantor.

Section 3.3 Limitation of Warranty

NOTICE: This is a QUITCLAIM DEED WITH COVENANTS, which is Massachusetts' form of a special warranty deed. The covenants are LIMITED to:

• Encumbrances created by Grantor
• Claims arising through Grantor

This deed does NOT provide:

• Warranty against encumbrances created by prior owners
• Defense against claims of persons NOT claiming through Grantor
• Full warranty covenants

Section 3.4 Statutory References

This conveyance is made pursuant to:

• M.G.L. c. 183, § 1 et seq. (Alienation of land)
• M.G.L. c. 183, § 10 et seq. (Deeds and acknowledgments)
• M.G.L. c. 183, § 17 (Effect of covenants)
• M.G.L. c. 36, § 24 et seq. (Recording)
• M.G.L. c. 64D (Excise on deeds)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

Meaning and intending to convey and hereby conveying the same premises conveyed to the Grantor by deed recorded as stated above.

This conveyance is made subject to and with the benefit of:

(a) Real estate taxes for fiscal year 20_____ and subsequent years, not yet due and payable;

(b) Applicable zoning laws, by-laws, and regulations;

(c) All restrictions, easements, rights-of-way, and reservations of record, insofar as the same are in force and applicable;

(d) Such facts as an accurate survey or inspection of the premises would disclose;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: EXCISE TAX (DEED STAMPS)

Section 5.1 Massachusetts Excise Tax (M.G.L. c. 64D)

Excise Tax Rate: $2.28 per $500 (or fraction thereof) of consideration
Effective Rate: $4.56 per $1,000 or 0.456%

Consideration: $_____________________

Excise Tax Due: $_____________________

Example: $500,000 consideration = $2,280 excise tax

☐ This transfer is exempt from excise tax per M.G.L. c. 64D, § 1 because:
_____________________________________________

Section 5.2 Tax Stamps

Stamps must be purchased at the Registry of Deeds in the county where the property is located and affixed to the deed before recording.

ARTICLE VI: HOMESTEAD

Section 6.1 Homestead Declaration

☐ This property is NOT the Grantor's primary residence.

☐ This property IS the Grantor's primary residence and the Grantor hereby releases all homestead rights in the property pursuant to M.G.L. c. 188.

ARTICLE VII: EXECUTION

Section 7.1 Signature Block

WITNESS my/our hand(s) and seal(s).

GRANTOR(S):

_____________________________________________ (Seal)
Signature

_____________________________________________
Printed Name

_____________________________________________ (Seal)
Signature

_____________________________________________
Printed Name

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Massachusetts Acknowledgment (Individual)

COMMONWEALTH OF MASSACHUSETTS
_________________ COUNTY, ss.

On this _____ day of _________________, 20_____, before me, the undersigned notary public, personally appeared:

_____________________________________________

proved to me through satisfactory evidence of identification, which was _________________________, to be the person(s) whose name(s) is/are signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Massachusetts Acknowledgment (Entity)

COMMONWEALTH OF MASSACHUSETTS
_________________ COUNTY, ss.

On this _____ day of _________________, 20_____, before me, the undersigned notary public, personally appeared:

_________________________, as _________________________ [title] of _________________________ [entity name],

proved to me through satisfactory evidence of identification, which was _________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as the duly authorized representative of said entity.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________, ss.

On this _____ day of _________________, 20_____, before me, the undersigned notary public, personally appeared:

_____________________________________________

proved to me through satisfactory evidence of identification to be the person(s) whose name(s) is/are signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

The land in _________________, _________________ County, Massachusetts:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

MASSACHUSETTS RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements

Recording Fees

Massachusetts Excise Tax (M.G.L. c. 64D)

Example: $500,000 home = $2,280 excise tax

Who Pays

• Excise Tax (Stamps): Customarily paid by seller (M.G.L. c. 64D, § 2)
• Recording Fee: Customarily paid by buyer

Excise Tax Exemptions (M.G.L. c. 64D, § 1)

• Gift transfers (no consideration)
• Transfers with consideration of $100 or less
• Certain nonprofit organizations
• Federal agencies (VA, HUD - confirm eligibility)

Types of Deeds in Massachusetts

Important Massachusetts Notes

1. Deed Stamps Required First: A deed cannot be recorded until excise tax is paid. Registry affixes stamp after payment.

2. Registered Land: If property is registered land (Land Court), use Land Court procedures and certificate of title.

3. Homestead: Massachusetts automatic homestead provides $125,000 protection; declared homestead provides $500,000.

4. Title Insurance: Grantees should consider obtaining title insurance.

5. Legal Counsel: Consultation with a licensed Massachusetts attorney is strongly recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
BBO Number (if attorney)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Massachusetts attorney before using this form.