A quitclaim deed is the legal document that transfers ownership of real property from a seller (the grantor) to a buyer (the grantee). In Massachusetts, the statutory quitclaim deed under M.G.L. c. 183, § 11 is the standard conveyance in most residential sales — and it carries more protection than the bare, promise-free “quitclaim” deed used in many other states. The grantor promises the property was free of encumbrances they created and will defend the buyer’s title against anyone claiming through the grantor, but makes no promises about the title before the grantor owned it.
How It Works in Massachusetts
Massachusetts recognizes three deed types:
| Deed Type | What the Seller Promises |
|---|---|
| Warranty deed | Full chain of title — seller stands behind every prior owner’s period |
| Quitclaim deed | Grantor’s own period only — standard in MA residential sales |
| Release deed | No title promises at all |
When a deed uses the phrase “with quitclaim covenants,” those three words carry the full statutory covenant package by operation of law (M.G.L. c. 183, § 11). The grantor covenants the property was free from encumbrances made by the grantor at delivery, and will defend title against claims by anyone who took through the grantor — but against no one else.
A lien or title defect that arose before the grantor took ownership is not covered. That gap is exactly why buyers routinely purchase an owner’s title insurance policy at closing.
The closing process
In Massachusetts, a closing that involves a mortgage requires the substantive participation of a licensed attorney — the rule established in REBA v. NREIS, 459 Mass. 512 (2011). The seller’s attorney drafts the deed. The grantor signs before a notary public (M.G.L. c. 222, § 15); no witnesses are required for ordinary recorded-land deeds. The signed, notarized deed is recorded at the Registry of Deeds for the county where the property sits (M.G.L. c. 183, § 4). The base recording fee under M.G.L. c. 262, § 38 is $50 per instrument; the Community Preservation Act surcharge under M.G.L. c. 44B, § 8 adds another $50, bringing the standard all-in recording fee to $100 — confirm the current amount with your attorney. The seller also pays the deed excise tax under M.G.L. c. 64D; the current rate is stored in taxRates.json.
Other uses
Quitclaim deeds also appear in non-sale transfers: adding or removing a spouse from title, transferring property into a trust or LLC, correcting a prior deed, or distributing an estate. The consideration stated may be nominal (often $1), and certain excise exemptions under M.G.L. c. 64D may apply — confirm with your attorney.
Last verified: 2026-09-07. Statutes: M.G.L. c. 183, §§ 2, 11, 17; M.G.L. c. 64D; M.G.L. c. 222, § 15; M.G.L. c. 262, § 38; M.G.L. c. 44B, § 8.
FAQ
Is a Massachusetts quitclaim deed the same as a quitclaim deed in other states?
No. In most states a quitclaim deed makes no title promises at all. The Massachusetts statutory version under M.G.L. c. 183, § 11 carries covenants — the grantor warrants against encumbrances they created and against claims by anyone who took through the grantor. Attorneys in other states often call this a “special warranty deed.”
Does a quitclaim deed protect me if there was a lien before the seller owned the property?
Not automatically. The quitclaim covenants cover only the grantor’s period of ownership. A defect or lien that predates the seller’s ownership is not covered by the deed. An owner’s title insurance policy fills that gap and is strongly recommended for any purchase.
Do I need an attorney to prepare a quitclaim deed in Massachusetts?
If your transaction involves a mortgage, Massachusetts law requires an attorney’s substantive participation at closing (REBA v. NREIS, 2011). Even in a cash transaction, the deed must be drafted correctly, acknowledged before a notary, and recorded at the Registry of Deeds — mistakes can cloud title for years. Engaging a real estate attorney is standard practice throughout the state.
Can a quitclaim deed be used for transfers that are not a sale?
Yes. Quitclaim deeds are commonly used to add or remove a spouse from title, transfer property into a trust or LLC, correct a prior deed, or distribute an estate. The stated consideration is often $1, and certain deed excise exemptions under M.G.L. c. 64D may apply. Ask your attorney whether an exemption applies to your situation.