Chapter 183

Section 1. A deed executed and delivered by the person, or by the attorney of the person, having authority therefor, shall, subject to the limitations of section four, be sufficient, without any other act or ceremony, to convey land.

Section 10. A deed in substance following the form entitled ''Warranty Deed'' shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with covenants on the part of the grantor, for himself, his he…

Section 11. A deed in substance following the form entitled ''Quitclaim Deed'' shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with covenants on the part of the grantor, for himself, his h…

Section 12. In a conveyance of real estate the word ''grant'' shall be a sufficient word of conveyance without the use of the words ''give, bargain, sell and convey'', and no covenant shall be implied from the use of the word ''grant''.

Section 13. In a conveyance or reservation of real estate the terms ''heirs'', ''assigns'' or other technical words of inheritance shall not be necessary to convey or reserve an estate in fee. A deed or reservation of real estate shall be construed to convey or reserve an estate …

Section 14. When a conveyance or devise of real estate is made to a grantee or devisee to a use intended to be executed by the statute of uses, the word ''use'' shall be employed in declaring the use; and provisions introduced by the words ''in trust'', or other expressions that …

Section 15. In a conveyance of real estate all rights, easements, privileges and appurtenances belonging to the granted estate shall be included in the conveyance, unless the contrary shall be stated in the deed, and it shall be unnecessary to enumerate or mention them either gen…

Section 16. In a conveyance of real estate the words ''warranty covenants'' shall have the full force, meaning and effect of the following words: ''The grantor, for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs, successors and…

Section 17. In a conveyance of real estate the words ''quitclaim covenants'' or the words ''limited covenants'' shall have the full force, meaning and effect of the following words: ''The grantor, for himself, his heirs, executors, administrators and successors, covenants with th…

Section 18. A deed in substance following the form entitled ''Mortgage Deed'' shall when duly executed have the force and effect of a mortgage deed to the use of the mortgagee and his heirs and assigns with mortgage covenants and upon the statutory condition and with the statutor…

Section 19. In a conveyance of real estate the words ''mortgage covenants'' shall have the full force, meaning and effect of the following words, and shall be applied and construed accordingly: ''The mortgagor, for himself, his heirs, executors, administrators and successors, cov…

Section 1A. No instrument purporting to affect an interest in land shall be void because it is not sealed or does not recite a seal.

Section 2. A deed of quitclaim and release shall be sufficient to convey all the estate which could lawfully be conveyed by a deed of bargain and sale.

Section 20. The following ''condition'' shall be known as the ''Statutory Condition'', and may be incorporated in any mortgage by reference: (CONDITION.) Provided, nevertheless, except as otherwise specifically stated in the mortgage, that if the mortgagor, or his heirs, executor…

Section 21. The following ''power'' shall be known as the ''Statutory Power of Sale'', and may be incorporated in any mortgage by reference: (POWER.) But upon any default in the performance or observance of the foregoing or other condition, the mortgagee or his executors, adminis…

Section 22. A co-operative bank mortgage following in substance the form entitled ''Co-operative Bank Mortgage'' shall when duly executed have the force and effect of a mortgage deed to the use of the mortgagee and its successors and assigns, with mortgage covenants and upon the …

Section 23. The following ''co-operative bank mortgage condition'' shall be known as the ''Statutory Co-operative Bank Mortgage Condition'', and may be incorporated in any co-operative bank mortgage by reference: (CO–OPERATIVE BANK MORTGAGE CONDITION.) Provided, nevertheless, tha…

Section 24. The following ''co-operative bank power'' shall be known as the ''Statutory Co-operative Bank Power of Sale'', and may be incorporated in any mortgage by reference: (CO–OPERATIVE BANK POWER.) But in case of non-payment of the aforesaid monthly dues, interest or fines …

Section 25. The holder of a mortgage of real estate, or any person acting in his behalf, may purchase at a foreclosure sale unless the contrary is stated in the mortgage.

Section 26. Until default in the performance or observance of the condition of a mortgage of real estate, the mortgagor and his heirs and assigns may hold and enjoy the mortgaged premises and receive the rents and profits thereof, unless otherwise stated in the mortgage.

Section 27. The holder of a mortgage of real estate, or his representatives, out of the money arising from a sale under the power of sale shall be entitled to retain all sums then secured by the mortgage, whether then or thereafter payable, including all costs, charges or expense…

Section 28. In an assignment of a mortgage of real estate the word ''assign'' shall be a sufficient word to transfer the mortgage, without the words ''transfer and set over''.

Section 28A. Any sum or sums which shall be loaned by the mortgagee to the mortgagor at any time after the recording of any mortgage of real estate, to be expended for paying for repairs, improvements, lead paint removal or replacements to, fuel for, or for taxes or other municip…

Section 28B. Any sum which shall be lent by the mortgagee to the mortgagor at any time after the recording of an open-end mortgage that secures such sum shall be equally secured with and have the same priority as would any such sum disbursed as of the time of the recording of suc…

Section 28C. (a) A lender shall not knowingly make a home loan if the home loan pays off all or part of an existing home loan that was consummated within the prior 60 months or other debt of the borrower, unless the refinancing is in the borrower's interest. The ''borrower's inte…

Section 29. No deed shall be recorded unless a certificate of its acknowledgment or of the proof of its due execution, made as hereinafter provided, is endorsed upon or annexed to it, and such certificate shall be recorded at length with the deed to which it relates; but this sec…

Section 3. An estate or interest in land created without an instrument in writing signed by the grantor or by his attorney shall have the force and effect of an estate at will only, and no estate or interest in land shall be assigned, granted or surrendered unless by such writing…

Section 30. The acknowledgment of the execution of a deed or other written instrument required to be acknowledged shall be by 1 or more of the grantors or by any attorneys or representatives executing it on behalf of the grantors. The officer before whom the acknowledgment is mad…

Section 31. The acknowledgment by a married woman may be taken in the same form as if she were sole, and without any examination separate and apart from her husband.

Section 32. The law relative to the acknowledgment and recording of deeds shall apply to letters of attorney for the conveyance of real estate.

Section 33. Whenever, under clause (b) of section thirty or under section forty-one, a certificate of authority is required to be attached, there shall be subjoined or attached to the certificate of proof or acknowledgment a certificate of the secretary of state of the state wher…

Section 34. If the grantor dies or removes from the commonwealth without having acknowledged his deed, the due execution thereof may be proved before any court of record in this commonwealth by the testimony of a subscribing witness thereto.

Section 35. If all the subscribing witnesses to the deed are also dead or out of the commonwealth, the due execution thereof may be proved before such court by proving the handwriting of the grantor and of a subscribing witness.

Section 36. If a grantor refuses to acknowledge his deed, the grantee or any person who claims under him may apply to a court of record in the county where the land lies or where the grantor or a subscribing witness to the deed resides, and such court shall thereupon issue a summ…

Section 37. If a grantor refuses to acknowledge his deed and the subscribing witnesses thereto are all dead or out of the commonwealth, its execution may be proved before any court of record in this commonwealth by proving the handwriting of the grantor and of a subscribing witne…

Section 38. A person interested in a deed which has not been acknowledged may, before or during proceedings before a court for proof of its execution, file in the proper registry of deeds a copy thereof, compared with the original by the register; and the filing of such copy shal…

Section 39. The execution of a deed shall not be proved in the manner before provided unless it has at least one subscribing witness.

Section 4. A conveyance of an estate in fee simple, fee tail or for life, or a lease for more than seven years from the making thereof, or an assignment of rents or profits from an estate or lease, shall not be valid as against any person, except the grantor or lessor, his heirs …

Section 40. A certificate of proof of the execution of a deed shall be endorsed upon it or annexed thereto by the clerk or register of the court or by the judge before whom such proof is made, and the certificate shall state whether the grantor was present at the hearing.

Section 41. The proof of a deed or other instrument, if made without the commonwealth in some state, territory, district or dependency of the United States, may be made before any of the persons enumerated in clause (b) of section thirty; provided, however, that a certificate of …

Section 42. The forms set forth in the appendix to this chapter and in section 15 of chapter 222 for taking acknowledgments to deeds and other instruments and for certifying the authority of officers taking proofs or acknowledgments may be used but the existence of those forms sh…

Section 43. Whenever a final decree in equity shall be made by the supreme judicial, superior, probate or land court directing that a deed, conveyance or release of any real estate or interest therein shall be made, and the party directed to make such deed, conveyance or release …

Section 44. The recording or registration of a duly certified copy of such decree, attested by the clerk, assistant clerk, register or assistant register, recorder or deputy recorder, as the case may be, of the court where made, in the registry of deeds of the district where said…

Section 45. A person seized of land as tenant in tail may convey such land in fee simple by a deed in common form, as if he were seized thereof in fee simple; and such conveyance shall bar the estate tail and all remainders and reversions expectant thereon.

Section 46. If land is held by one person for life with a vested remainder in tail in another, the tenant for life and the remainderman may convey such land in fee simple by their deed or deeds in common form, as if the remainder had been limited in fee simple; and such deed or d…

Section 47. Equitable estates tail, in possession or remainder, and all remainders and reversions expectant thereon, may be barred in the same manner as legal estates tail and the remainders and reversions expectant thereon.

Section 48. The person to whom an equitable fee simple is conveyed pursuant to the preceding section shall, upon request therefor, be entitled to a conveyance of the outstanding legal estate from the person in whom such legal estate is then or thereafter vested in trust.

Section 49. If land is subject to a vested or contingent remainder, executory devise, conditional limitation, reversion or power of appointment, the probate court for the county where such land is situated may, upon the petition of any person having an estate or interest therein,…

Section 5. The record of a deed, lease, power of attorney or other instrument, duly acknowledged or proved as provided in this chapter, and purporting to affect the title to land, shall be conclusive evidence of the delivery of such instrument, in favor of purchasers for value wi…

Section 50. Notice of a petition under the preceding section shall be given in such manner as the court may order to all persons who are or who may become interested in the land to which the petition relates, and to all persons whose issue, not in being, may become interested the…