Release Deed
(MA)
Summary
This template for a release deed is used in Massachusetts to transfer and release a grantor's interest in Massachusetts real property to a grantee without any warranties, representations, or covenants. This template includes practical guidance and drafting notes and may be used in commercial or residential transactions. The most commonly used form of deed in Massachusetts is a quitclaim deed. A release deed provides less protection to a grantee than a quitclaim deed because a buyer will not have a cause of action against a seller if it is later determined that someone other than the buyer has a superior claim to the property. Release deeds are typically used when the grantor's title to the property is unclear and the buyer is willing to assume the risk of an unclear title and can be used in both a residential or commercial transaction. For other templates of deeds to use in residential transactions in Massachusetts, see Quitclaim Deed (Residential Transaction) (MA) and Warranty Deed (Residential Transaction) (MA). For other templates of deeds to use in commercial transactions in Massachusetts, see Warranty Deed (Commercial Transaction) (MA) and Quitclaim Deed (Commercial Transaction) (MA). For information on the process of buying and selling real property in Massachusetts, see Purchasing and Selling Commercial Real Estate Resource Kit (MA) and Residential Purchase and Sale Transactions Resource Kit (MA). For more information on commercial real estate ownership in Massachusetts, see Commercial Real Estate Ownership (MA). For information on recording real property documents in Massachusetts, see Recording Procedures (MA). For information on deed transfer taxes in Massachusetts, see Real Property Transfer Taxes (MA). For information on title insurance, see Title Insurance (MA). For further guidance on deeds in general, see Types of Deeds and Key Provisions. See also Thompson on Real Property, Thomas Editions § 82.04 and Powell on Real Property § 81A.03. For a full listing of key content covering purchasing and selling residential real estate, see Purchasing and Selling Residential Real Estate Resource Kit. For a full listing of key content covering purchasing and selling commercial real estate, see Purchasing and Selling Commercial Real Estate Resource Kit. See also Junior Associate Real Estate Resource Kit (Commercial Purchase and Sale). For a list of key resources covering real estate-related tasks for associates, in-house attorneys, and interns, see First Year Associate Resource Kit: Real Estate, Summer Associate Resource Kit: Real Estate, In-House Real Estate Resource Kit, and Federal Government Summer Intern Resource Kit: Real Estate.