Massachusetts law about real estate conveyancing (buying and selling)

Laws, procedures, forms, case law, and web & print sources on real estate law conveyancing (buying and selling) for both recorded and registered land.

For more specific topics, see our compiled list of pages on housing and real estate (owning and renting), including Massachusetts law about real estate brokers, and Massachusetts law about mortgages.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Introduction

Massachusetts has two distinct title systems: 

• Recorded land filed in County Registries of Deeds; and 
• Registered land filed in the Land Court’s registered land districts housed within the county Registries of Deeds.

Deeds to eighty to ninety per cent of the properties in the Commonwealth are filed as recorded land. Registers of Deeds stamp each recorded document with a book and page number, and the documents are available online. By contrast, registered land is described on a Certificate of Title, considered to be a court decree issued by the Land Court.  The Certificate states that a specific person is the owner of a particular parcel of land, and it includes a description of the land, and a list of any encumbrances or rights that affect the property.

Massachusetts laws

MGL. c. 93, § 70 Certification of title to mortgaged premises; liability of attorney; unfair practice

"In connection with the granting of any loan or credit to be secured by a purchase money first mortgage on real estate improved with a dwelling designed to be occupied by not more than four families and occupied or to be occupied in whole or in part by the mortgagor, an attorney acting for or on behalf of the mortgagee shall render a certification of title to the mortgaged premises to the mortgagor and to the mortgagee."

MGL c. 183 Alienation of land

MGL c. 183A Condominiums

MGL c. 183B Time shares

• §§ 14 & 15 amended by St. 2024, c. 344 An Act modernizing time-share extension and termination procedures

MGL c. 184 General provisions relative to real property

MGL c. 185 The Land Court and registration of title to land

Registries of Deeds

Find a copy of your deed and mortgage at masslandrecords.com

Massachusetts deeds indexing standards, Massachusetts Registers and Assistant Registers of Deeds Association (2018)

Massachusetts Registry of Deeds, Mass. Secretary of the Commonwealth.
Provides links to all of the Registries of Deeds, which then provide access to addresses, phone numbers, and websites for the individual registries. Includes a link to Massachusetts Land Records where you can quickly access land records from across the state. Use this site to look up a copy of your deed or mortgage.

Registry of Deeds consumer notification service, Secretary of the Commonwealth.
A service that alerts you by email whenever a new document is recorded for your property.

Registry of Deeds fee schedule, Mass. Secretary of the Commonwealth.

Land Court rules and procedures

Massachusetts Land Court rules. Also available as an eBook.

Guidelines on registered land, Mass. Land Court, February 27, 2009.
Note: These Guidelines have been supplemented by the Land Court in Registered land memos issued by the Chief Title Examiner. Updated registered land court forms and instructions can also be found on the Land Court's website.

Manual of instructions for the survey of lands and preparation of plans, Mass. Land Court, 2006.
"This manual is issued for the information and guidance of land surveyors preparing surveys and plans to be filed in the Land Court. No survey or plan will be accepted for filing unless these requirements have been fulfilled to the satisfaction of the Land Court's Survey Division."

Forms

See Real estate forms for a partial listing of what is available.

Many of the forms helpful in conveyancing and the practice of real estate are not available for free on the internet. The Trial Court Law Libraries can supply you with sample forms, including deeds, mortgages, and leases. You can contact the libraries through our Ask a Law Librarian services.

Selected case law

The Real Estate Bar Association of Massachusetts v. National Real Estate Information Services, 459 Mass. 512 (2011)
The "closing or settlement of the types of real estate transactions described in the record require not only the presence but the substantive participation of an attorney on behalf of the mortgage lender, and that certain services connected with real property conveyances constitute the practice of law in Massachusetts." Outlines what constitutes unauthorized practice of law in real estate transactions.

Web sources

The homebuying process in Massachusetts, Mass. Division of Banks.
Brief overview of  mortgage types and the various steps of purchasing a home from securing a loan to closing on the property.

How to buy a home in Massachusetts, Nolo.
Covers hiring a real estate agent and lawyer, making an offer, examining the property for defects, and the responsibilities of the closing attorney. "In a few states, such as New York and Massachusetts, only a lawyer is allowed to prepare the home purchase documents, perform a title search, and/or close the deal."

Print sources

In Massachusetts, real estate attorneys are a regular part of buying and selling real estate, both by law and practice. With the exception of the Nolo books, the many print sources are directed towards attorneys.

Crocker’s notes on common forms, 12^th ed., MCLE, 2022.
A comprehensive overview of real estate law in Massachusetts.

Handbook of standards and forms, Real Estate Bar Association for Massachusetts.

Handling residential real estate transactions in Massachusetts, 5^th ed., MCLE, 2023.

Litigating residential real estate disputes in Massachusetts, 3^rd ed., MCLE, 2023.

Massachusetts conveyancers’ handbook with forms, by Edward C. Mendler, 4^th ed., West, 2008 with supplement.

Massachusetts real estate, by Robert Marzelli, 3^rd ed., Lexis, 2005 with supplement.

Massachusetts real estate litigation, Lexis, annual.

Nolo's essential guide to buying your first home by Ilona Bray, 8^th ed., Nolo, 2023. (eBook available with library card).
"Nuts-and-bolts information about the home buying process for buyers."

Real estate law with forms, (Mass. Practice v.28-28C), annual, Thomson Reuters.

Real estate title practice in Massachusetts, 5^th ed., MCLE, 2024. Chapter 12.

Saving the family cottage: Creative ways to preserve your cottage, cabin, camp or vacation home for future generations by Stuart J. Hollander, 6^th ed., Nolo, 2021. (eBook available with library card).

Selling your house: Nolo's essential guide by Ilona Bray, 4^th ed., Nolo, 2021. (2023 eBook available with library card).
A book to help potential sellers plan for and navigate the major steps in the selling process.

Last updated:	February 5, 2025