If the first units out are conveyed using this form, or are similar to this form, and contain the same statutorily-required items, listed below, registry personnel may accept the unit deed(s) without prior Land Court approval. All other first unit deeds require prior land court approval. Statutory Requirements. Each unit deed must satisfy the requirements of G. L. c. 183A, § 9, which requires that unit deeds include:
- An indication that the deed relates to a condominium and is subject to the provisions of Chapter 183A. If the unit is in a leasehold condominium, the name of the condominium shall contain the word "Lease" or "Leasehold" and each unit deed must indicate that the unit is in a leasehold condominium.
- Either a description of the land on which the building containing the unit is located or the post office address of the property and, in either case, the book, page and date of recording of the master deed. (Note the statute requires the date of recording, not the date of the instrument. This is important, because under G.
L. c. 183A, §§ 2, 16, the condominium is deemed formed on the date the master deed is recorded.) - The unit designation of the unit in the master deed and any other data necessary for the unit’s proper identification.
- A statement of the use for which the unit is intended and the restrictions, if any, on its use.
- The undivided interest appertaining to the unit in the common areas and facilities.
- As an optional matter, any further provisions which the grantor and grantee may deem desirable to set forth, consistent with the master deed and Chapter 183A.
Unit Plans Not Required. A unit plan no longer is required to be registered with any unit deed, including the first unit deed. St. 2008, chap. 13, § 2.
The subsequent sale of units is to be handled in the usual manner. Attorneys may wish to use their own deed or they may use the Land Court form.
Condominium unit deed
Grantor(s): [name(s) of grantor(s)]
Of [number] [name of street/road/avenue], [town or city]
For consideration of [amount of consideration]
Grant(s) to: [name(s) of grantee(s)]
Of [number] [name of street/road/avenue], [town or city]
Commonwealth of Massachusetts, with quitclaim covenants, Unit No.[Unit No.] of [name of condominium] created by Master Deed dated [date] and filed on [date] with the Registry District of [name of registry county] County of the Land Court as Document No. [document number] noted on Certificate of Title No. [certificate of title number].
The Post Office Address of the Condominium is: [Post Office address]
The unit is conveyed subject to and with the benefit of the obligations, restrictions, rights and liabilities contained in G.L. c. 183A, the Master Deed and the By-Laws filed therewith.
The Condominium and each of the units is intended for residential purposes and other uses permitted by the applicable Zoning Ordinances and as set forth in the Master Deed.
The undivided percentage interest of the unit conveyed hereunder in the common areas and facilities is [percentage number]%.
Witness hand and seal this [day] day of [month], [year].
[Grantor signature]
[Grantor name]
[Grantor signature]
[Grantor name]
[Grantor signature]
[Grantor name]
[Grantor signature]
[Grantor name]
Commonwealth of Massachusetts
[County], ss.
[Date]
"On this [day] of [month], [year], before me, the undersigned notary public, personally appeared [name of document signer], provided to me through satisfactory evidence of identification, which were [type of identification], to be the person whose name is signed on the preceding or attached document, and acknowledged to me that [he/she/ they] signed it voluntarily for its stated purpose
(as partner for [name of partnership], a partnership).
(as [title] for [name of corporation], a corporation).
(as attorney in fact for [name of principal], the principal).
(as [title] for [name of entity], [a/the] [type of entity]).
[Official signature and seal of notary]”