Memorandum  Memo: Land Court Guideline 1. Acknowledgments: Requirements

Date:	07/31/2026
Organization:	Land Court
Referenced Sources:	G.L. c. 183, § 29 G.L. c. 185, § 110 G.L. c. 222, § 1 G.L. c. 222, § 15

To: All Registered Land Registry Districts
From: Christina T. Geaney, Chief Title Examiner
Date: July 31, 2026

I. Preliminary Statement

The Land Court, through its Guidelines Committee,¹ is in the process of revising and updating the Guidelines on Registered Land.² The Guidelines Committee’s goal is to publish updated plain language guidelines that will assist court users, attorneys, and Registry District staff. As part of its work, Guideline 1. Acknowledgments: Requirements, is being updated and revised in full.³

This memorandum is being issued to provide an update to Guideline 1 prior to the publication of all updated and revised Guidelines. Effective July 31, 2026, this memorandum supersedes Guideline 1, and should be consulted to determine when an acknowledgment is required and the form of certificate of acknowledgment that is acceptable for registration.

II. Acknowledgments: Requirements

Massachusetts law requires certain documents to be acknowledged in the presence of a notary public at a single time and place. The person making the acknowledgment: (1) appears in person⁴ before the notary public, (2) is identified by the notary public through satisfactory evidence of identification (like a driver’s license, passport, or personal knowledge, see section C below), and (3) indicates to the notary public that the person signed the document voluntarily (or as their free act and deed, see section B2 below) and for the purposes stated in the document and, if the person signed in a representative capacity (like a trustee or a corporate officer), that the person had the authority to sign in that representative capacity. See G.L. c. 222, § 1 (definition of “acknowledgment”). Extracts of certificates of acknowledgment and jurat forms found in G.L. c. 222, § 15(b) and (c) are at the end of this Memorandum.⁵

With an acknowledgment (as opposed to a jurat), the person does not need to: (1) sign the acknowledged document in the notary public’s presence (it may be signed beforehand and presented to the notary public) or (2) take an oath or affirmation before the notary that the content of the signed document is truthful and accurate. See G.L. c. 222, § 1 (definitions of “acknowledgment” and “jurat”). The additional inclusion of a jurat in a certificate of acknowledgment that otherwise complies with this Memorandum does not render the certificate of acknowledgment non-compliant with this Memorandum. 

District personnel should contact the Chief Title Examiner in Boston or their designee if they are in doubt as to the form of certificate of acknowledgment or jurat being used, or as to whether a certificate of acknowledgment or jurat is required.

A. Documents Requiring Acknowledgment

The following documents must be acknowledged to be registered:

1. Deeds (excepting conveyances from the United States); see G.L. c. 183, § 29. Included in this category, based on the broad definition of deed, are easement deeds, mortgage deeds, deeds of trust, release deeds found in boundary line agreements, leases, notices of leases, options to purchase, options to lease, assignments of mortgages, collateral assignments of mortgages, and collateral assignments of leases.⁶
2. Purchase and Sale Agreements and their extensions; see G.L. c. 184, § 17A.
3. Discharges and Partial Releases; see G.L. c. 183, §§ 54, 54B, 54C, and 55.
4. Powers of Attorney, if someone is using the power to execute a document that itself must be acknowledged; and Revocations of Powers of Attorney, if the power being revoked was once acknowledged. See G.L. c. 183, § 32; c. 185, § 110; and paragraph (D) below.
5. Homesteads⁷ and their releases; see G.L. c. 188.⁸
6. Receipts of federal revenue collectors for succession taxes; see G.L. c. 36, § 16.
7. Subdivision Covenant Releases and Clerk’s Certificates; see G.L. c. 41, § 81U.
8. Tax redemptions; see G.L. c. 60, § 62.
9. Documents related to real estate taxes that require an acknowledgment. See G.L. c. 60, § 105 (“Forms to be used in proceedings for the collection of taxes under this chapter . . . shall be as prescribed by the commissioner.”).⁹
10. Incorporation certificates regarding the Roman Catholic Church; see G.L. c. 67, § 44.
11. Liens for failure to reimburse the Commonwealth of Massachusetts for removal of wharfs or piers; see G.L. c. 91, § 49B.
12. Veteran’s agent liens and their discharges or satisfactions; see G.L. c. 115, § 5A.
13. Dissolutions of attachments by plaintiff, or by plaintiff’s executor/personal representative, administrator, or attorney of record; see G.L. c. 223, § 132.
14. Notices, releases, or other documents required or permitted to be recorded by G.L. c. 254; see G.L. c. 254, §§ 10 and 30.
15. Planning Board Releases; see G.L. c. 41, § 81U.
16. Declarations of Trust and their amendments and revocations.
17. Condominium Appointments, Acceptances, and Resignations of Trustees, see G.L. c. 183A, § 8, and, if a trust instrument explicitly requires it, Appointments, Acceptances, and Resignations of Trustees.
18. General Releases and Releases of a document where the underlying document was required to be acknowledged. 
19. Disclaimers of Interest of Inherited Property; see G.L. c. 190B, § 2-801(e).
20. Release of lis pendens; see G.L. c. 184, § 15.

B. Form of Certificate of Acknowledgment

The forms of certificates of acknowledgment and jurat, as well as the forms of official seals and stamps, set forth in G.L. c. 222, §§ 8 and 15 are acceptable for registration by the court’s registration districts. Portions of G.L. c. 222, §§ 8 and 15 are at the end of this Memorandum. 

If a person seeking to register a document that requires an acknowledgment does not use the example forms set forth in G.L. c. 222, §§ 8 and 15, that person must present a certificate of acknowledgment that conforms substantially with the statutory form language set forth in G.L. c. 222, § 15(b), and that has been completed by a notary or other official authorized under Massachusetts law to certify documents for registration. A certificate of acknowledgment that other states may accept is not acceptable for registration in Massachusetts unless the certificate contains all of the elements of the Massachusetts statutory form. The required elements of a certificate of acknowledgment are set forth below and must be legible:

1. The certificate must be dated.¹⁰
2. The certificate must include the name of the person whose signature is being acknowledged (the “Signer”). Section 15(b) of G.L. c. 222 includes examples of forms for indicating in what capacity the Signer is signing the document, such as under a power of attorney. Certificates must use such “capacity” form language even if the acknowledgment is taken outside of the Commonwealth. There are no exceptions to this.¹¹
3. The certificate must state that the Signer stated that the Signer executed the document voluntarily for its stated purpose. This requirement applies even if the acknowledgment is taken outside of the Commonwealth.¹² The Land Court accepts the language “free act and deed,” “voluntarily,” “voluntarily for its stated purpose,” and phrases of similar import.
4. The certificate must include the name of the notary or other official before whom the acknowledgment has been made. General Laws c. 222, § 8(a)¹³ requires the name of the notary, or other official taking the acknowledgment, be typed or printed below the signature line for the notary or other official.
5. If a notary public has taken the acknowledgment, the certificate must include the date the notary’s commission expires using the following language: “My commission expires  (date) .” See G.L. c. 222, § 8(a).
6. As detailed in paragraph C, below, the certificate must describe the evidence of identity of the Signer.

C. Satisfactory Evidence of Identity

Pursuant to G.L. c. 222, § 1, “satisfactory evidence of identity” of a signer who is a United States citizen is one of the following:¹⁴

1. At least one current document issued by a federal or state government agency bearing the photographic image of the individual’s face and signature (the best practice is for the certificate to identify that document, such as “MA driver’s license” or “U.S. passport”);
2. The oath or affirmation of a credible witness (defined as “an honest, reliable, and impartial person who personally knows an individual appearing before a notary and who takes an oath or affirmation before the notary to vouch for that individual’s identity”) unaffected by the document or transaction who is personally known to the notary and who personally knows the individual¹⁵; or
3. Identification of an individual based on the notary’s personal knowledge of the identity of the individual.

If the signer is not a United States citizen, “satisfactory evidence of identity” means identification of an individual based on a valid passport or other government-issued document that (a) evidences the individual’s nationality or residence and (b) bears a photographic image of the individual’s face and signature.

D. Powers of Attorney

General Laws c. 185, § 110 requires powers of attorney used for the purpose of conveying registered land to be (1) acknowledged and (2) presented for registration.¹⁶ This is true regardless of whether the power of attorney was notarized within the Commonwealth of Massachusetts or in another state. See G.L. c. 183, §§ 29 and 32. Further, pursuant to G.L. c. 183, § 32, “[t]he law relative to the acknowledgment and recording of deeds shall apply to letters of attorney for the conveyance of real estate.” General Laws c. 222, § 15(b) includes examples of the form for indicating signatures affixed in various representative capacities, including under a power of attorney. See Registered Land Guideline No. 15.

E. Notes/Additional Information

The requirement that the signer acknowledge that the power of attorney document was signed voluntarily applies when the power of attorney is being used in connection with the execution of a document that itself requires an acknowledgment. This contrasts with the situation where a power of attorney presented for registration is used in connection with the registration of a document that does not itself require an acknowledgment, such as an affidavit (including a so-called “Eaton Affidavit”). If the affidavit executed under a power of attorney does not require an acknowledgment, the power of attorney does not require a certificate of acknowledgment in the Massachusetts statutory form.

It remains the best practice for all documents presented for registration to include an explicit signature date. A signature date helps avoid any ambiguity regarding the date of execution and ensures an efficient registration review process.¹⁷ Nevertheless, documents that do not include an explicit signature date may be accepted for registration provided that the document contains both an effective date and a date on which it was acknowledged by the grantor(s).

Extracts From G.L. c. 222, Justices of the Peace, Notaries Public, and Commissioners

Section 1. Definitions

For the purposes of this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:

“Acknowledgment'”, a notarial act in which an individual, at a single time appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and presents a document or electronic record to the notary public and indicates to the notary public that the signature on the document or record before the notary was voluntarily affixed by the individual for the purposes stated within the document or electronic record or that the signature on the document or electronic record was the individual’s free act and deed and, if applicable, that the individual was authorized to sign in a particular representative capacity.

“Jurat”, a notarial act in which an individual, at a single time appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and: (i) presents document or electronic record; (ii) signs the document or electronic record in the presence of the notary public; and (iii) takes an oath or affirmation before the notary public vouching for the truthfulness or accuracy of the contents of the signed document or electronic record.

Section 15. Notarial acts; forms of acknowledgment or certification; when alternate forms may be used

Section 15(b)

(b) A notary public shall take the acknowledgment of the signature or mark of persons acknowledging for themselves or in any representative capacity by using substantially the following form:

“On this (date) day of (month), (year), before me, the undersigned notary public, (name of document signer) personally appeared, proved 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 or other entity)

(as attorney in fact for (name of principal), the principal)

(as  (title) for (name of entity), (a) (the) (type of entity))

as the voluntary act of the (partnership) (corporation or other entity) (principal) ( ).

(official signature and seal of notary public) ”.

Section 15(c)

(c) A notary public shall use a jurat certificate in substantially the following form in notarizing a signature or mark on an affidavit or other sworn or affirmed written declaration:

“On this (date) day of (month), (year), before me, the undersigned notary public, (name of document signer) personally appeared, proved to me through satisfactory evidence of identification, which were (type of identification), to be the person who signed the preceding or attached document in my presence and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of (his) (her) (their) knowledge and belief.

(official signature and seal of notary public)”.

1. The Guidelines Committee is assisted in its work by an Attorney advisory committee composed of experienced real estate attorneys nominated by various bar associations, and a Registry advisory committee composed of professionals from various Registry Districts.
2. The Guidelines on Registered Land were first published in 2000 and were last revised in 2009. 
3. In the past, Guideline 1 was supplemented with a memorandum from the Chief Title Examiner, dated February 4, 2021, concerning “Form of acknowledgments and powers of attorney.”
4. General Laws c. 222, § 1, as amended by the Acts of 2023, c. 2, § 23, defines what it means to “appear in person,” including for purposes of remote online notarization. As of the time of this writing, the Land Court is awaiting the promulgation of regulations by the Secretary of the Commonwealth prior to providing guidance on the application of remote online notarization to registered land. For purposes of this Guideline No. 1, “appears in person” means the definition set forth at (i), i.e., “being in the same physical location as another individual and close enough to see, hear, communicate with and exchange tangible identification credentials with that individual.” G.L. c. 222, § 1(i).
5. For certain documents being acknowledged by an attorney-in-fact, please refer to Guideline 15 (Execution and Acknowledgment of Deed Under Power of Attorney).
6. While it is preferable that a document requiring an acknowledgment be acknowledged by all grantors, the acknowledgment of a single owner of the registered interest being conveyed is sufficient for registration. See Gordon v. Gordon, 8 Mass. App. Ct. 860, 862-864 (1979); Zona v. Zona, 16 LCR 11, 12-14 (2008) (Piper, J.).
7. The Massachusetts Secretary of the Commonwealth currently publishes a form homestead declaration. That form (the “Secretary’s Form” (PDF)) contains a jurat that complies with G.L. c. 222, § 15(c). The Form does not contain an “acknowledgment” that complies with G.L. c. 183, § 30 or G.L. c. 222, § 15(b), as it does not have the notary state that the signer has informed the notary that the signer’s signature was his or her free act and deed. Persons signing the Secretary’s Form nevertheless state that they “acknowledge that I/we sign it voluntarily for its stated purpose.” Until such time as a court of competent jurisdiction declares that the Form does not comply with G.L. c. 188, § 5’s execution requirements, Registry District personnel are to accept the Secretary’s Form, if fully and properly executed, for registration.
8. For additional declaration of homestead requirements, see Guideline 25 (Homestead). General Laws c. 188, § 10 states that an estate of homestead created under Section 3 or 4 may be terminated by “a recorded release of the estate of homestead, duly signed and acknowledged by the owner and, if any, a non-owner spouse or former spouse who resides in the home as a principal residence as of the date of the release, which release may be executed by those persons either separately or jointly.” G.L. c. 188, § 10(a)(2).
9. Including, as of the time of this writing, Statement Filed to Continue Municipal Lien (State Tax Form 291), Instrument of Taking (State Tax Form 301), Instrument of Taking by Assignee (State Tax Form 301A), and Instrument of Assignment of Tax Title (State Tax Form 431). The forms published by the Department of Revenue can be found at: State Tax Forms
10. The date of the certificate of acknowledgment may be after the date of execution of the document being acknowledged, regardless of the length of time. But the date of the certificate of acknowledgment may not be before the date of the document’s execution. See G.L. c. 222, § 1 (defining “Acknowledgment” as “a notarial act in which an individual, at a single time appears in person before a notary public, . . . and indicates to the notary public that the signature on the document or record before the notary was voluntarily affixed by the individual”).
11. Limited exceptions to the use of the statutory form of acknowledgment set forth in G.L. c. 222, § 15, are provided in its subsections (h)-(i); however, at this time, none of the exceptions applies to documents requiring acknowledgment to be accepted for registration.
12. General Laws c. 222, § 15(b), provides that “[a] notary public shall take the acknowledgment of the signature or mark of persons acknowledging for themselves or in any representative capacity by using substantially the following form.” The form that follows includes satisfactory evidence of identification and that the person signed it “voluntarily for its stated purpose.” The requirements of identification and that the person signed “voluntarily for its stated purpose” pre-date G.L. c. 222, § 15, which was effective January 4, 2017. Prior to that, Executive Order No. 455 (May 14, 2004) required identification of the signer and that they signed the document “voluntarily for its stated purpose.” The requirement that the act of signing be the “free act and deed” of the signer has been a requirement since at least 1902. In that year, the legislature enacted R.L. 1902, c. 127, § 7, which required deeds be acknowledged to be recorded. The forms of acknowledgment set forth at R.L. 1902, c. 127, § 18 include the “free act and deed” language.
13. General Laws c. 222 sets forth the requirements for notarial acts in the Commonwealth.
14. General Laws c. 222, § 1 also states that “[f]or purposes of a notarial act performed using communication technology for a remotely located individual, ‘satisfactory evidence of identity’ shall be determined pursuant to [G.L. c. 222, § 28].” Any further rules of the Land Court regarding the application of remote online notarization to registered land documents will be detailed in a separate Chief Title Examiner Memorandum or Registered Land Guideline. See footnote 1, supra.
15. A notary public that relies on a credible witness’s oath or affirmation as evidence of identity of a signer, must state in the acknowledgment that the credible witness is personally known to them. See G.L. c. 222, § 1 (definition of “Satisfactory Evidence of Identification”). While the name of the credible witness is not required in the acknowledgment, the best practice is to include their name and address.  
16. “Any person may, by attorney, procure land to be registered and convey or otherwise deal with registered land, but the letters of attorney shall be acknowledged and filed with the recorder or the assistant recorder of the proper registry district and registered. Any instrument revoking such letter shall be acknowledged and registered in like manner.” G.L. c. 185, § 110.
17. See Smith v. Porter, 76 Mass. 66 (1857) (“All deeds ought regularly to be dated on the day of their execution.”).