Massachusetts Deeds: Why Nearly Every Home Sale Uses a Quitclaim Deed

In Massachusetts, the deed used to transfer real estate in an ordinary purchase is called a quitclaim deed — and despite the name, it is not the stripped-down, no-protection instrument "quitclaim deed" means in most other states. Under M.G.L. c. 183, § 11, a Massachusetts quitclaim deed carries statutory covenants: the seller guarantees the property was free of encumbrances they created, and will defend the buyer against claims arising through the seller. That is real protection, wrapped in a name that sounds like the opposite.

Why does the name cause so much confusion?

In most states, a quitclaim deed transfers only whatever interest the grantor happens to have, with no guarantees at all — not even a promise that the seller owns the property free and clear. It is typically used for interfamily transfers, divorce settlements, or clearing up a title defect, essentially never for an arm's-length sale between strangers. Massachusetts uses the identical term for something different: its statutory quitclaim deed carries built-in covenants, so it functions much like a limited warranty deed even though it shares a name with the far weaker version used elsewhere. Buyers relocating from another state are usually the ones who ask about this, understandably.

What does a Massachusetts quitclaim deed actually promise?

Two specific things, per the statutory language: that the property was free from encumbrances made by the seller — not previous owners, just the person selling to you — and that the seller will defend the buyer against claims made by anyone claiming through the seller, such as heirs or prior grantees in that specific chain. It does not promise the property is free of every possible defect back to the beginning of its history; that broader protection is what title insurance is for, a separate and complementary layer.

Does Massachusetts ever use a true warranty deed?

Rarely, in residential practice. Because the Massachusetts statutory quitclaim deed already carries meaningful covenants, there is little practical reason to use the more expansive warranty deed form, and most closing attorneys simply do not. If you see "warranty deed" language in a Massachusetts closing, it is worth asking your attorney specifically what is different about it, since it falls outside the normal practice here.

What role does title insurance play alongside the deed?

The deed's covenants are only as good as the seller's ability to make good on them. If a title defect surfaces years later and the seller has moved, has no assets, or cannot be located, the covenant alone is not worth much. Title insurance backs this up with an actual insurance policy: a lender's policy — required by your mortgage — protects the bank, and an owner's policy, optional and inexpensive to add at the same time, protects your own equity. See our closing costs guide for where these fit into what you pay at closing.

What should a buyer relocating from another state expect?

Do not be alarmed by the word "quitclaim" appearing on your own closing documents — it does not carry the same meaning it would in most other states. Ask your attorney to walk through exactly which covenants are included if you want the specifics in writing, and treat title insurance, not the deed's language alone, as your primary protection against anything those covenants do not reach.