Under Massachusetts law, all of the following are essential elements required for a deed to be legally valid and effective to convey real property EXCEPT:
Correct Answer
D) Recording of the deed at the appropriate Registry of Deeds before closing
Recording at the Registry of Deeds is NOT a required element for a deed to be legally valid and effective between the parties. Under Massachusetts law (MGL Chapter 183), recording provides protection against subsequent third-party claimants under the race-notice recording statute, but an unrecorded deed that has been properly executed, delivered, and accepted is legally effective to transfer title between the grantor and grantee. Recording is strongly advisable but not a validity requirement.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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