Massachusetts is steeped in rich history, from the Boston Tea Party to the Battle of Bunker Hill. Mass is also the birthplace of many famous people like Matt Damon, Edgar Allen Poe, John F. Kennedy, James Taylor, scientist Temple Grandin, and Ruth Wakefield, inventor of the Toll House chocolate chip cookie!

The state also has some of the oldest property in the country. But when it comes time to search for property records, the average citizen doesn't know where to start. This comprehensive guide will give you everything you need to know about Massachusetts property records.

Mass property records are vital because they prove that you legally own your home and property. Massachusetts property records allow you to transfer property ownership and pass it down to your heirs. Additionally, when you are in the market for a new property, these records can supply you with valuable information, making it easier to decide whether to buy.

Don't confuse Mass property records with Mass land records. The two are different. Land records refer to records that detail land ownership. Along with who owned the land, you might also see spouses’ names, heirs, other relatives, and even neighbors' information. Sometimes, you can find military status and occupation in land records. Property records, however, are legal documents that verify real property ownership. Mass property records are the deeds filed with the country where the property resides.

The Registry of Deeds in Massachusetts is the official office that records deeds for property within state limits. Each Recorder of Deeds is responsible for recording each property transaction (purchase/sale/transfer).

Each county has its own Registry of Deeds office, and the Secretary of State oversees all offices. Five counties have more than one office.

Whenever a property is sold or transferred, the lawyer or title company that handles the transaction provides a copy to the Registry of Deeds office in that county. The deed is legally binding once it has been registered with the Recorder.

A transfer of ownership happens when someone sells or purchases property, or it can occur through a death where the property is transferred to heirs. Sometimes, property changes hands for personal reasons such as gifts, or official reasons like imminent domain and foreclosures.

Massachusetts has two types of deed recording systems for real property: recorded land and registered land. Every piece of Mass land falls into one category, and the deed must be filed in the proper system. Each Registry of Deeds office maintains both systems.

Most Massachusetts land falls in the recorded land system (80-90%), and it is like other state systems. Legal access (aka "title") to the land is based on the complete ownership history told through deeds and other property-related documents. The Registry of Deeds maintains recorded land in books, and the office assigns each deed a book and page number. These records are indexed by owner names, addresses, property, date, and other information that helps determine the property's title.

The registered land system is called the Land Court or Torrens system. With this system, title is determined through legal certificates of title issued by the Massachusetts Land Court. A piece of property only becomes registered land after the court issues an order confirming legal ownership. The Commonwealth of Massachusetts guarantees these titles. Anyone can request that a piece of property be registered by requesting a legal proceeding in Land Court, but the fees are significantly higher than recording land through the Registry of Deeds. Additionally, the Land Court has full supervisory authority over registered land records. When registered land is sold or transferred, it does not become official until the Land Court issues a new certificate of title.

How to Get Property Owner Information and Access Records Through the Registry of Deeds

Accessing records through the Registry of Deeds in Massachusetts is easy since the information is public.

You can obtain records in a few different ways. First, visit the Secretary of the Commonwealth of Massachusetts property search website. From there, you can search for your town to find the Registry of Deeds office where your property resides and visit them in person to request records or search online.

When searching online through the Secretary of the Commonwealth of Massachusetts website, you must choose the Registry of Deeds office and then click Go. You will arrive at the Mass Land Records website. You can search for records by entering:

• First Name
• Last Name
• Business Name
• Document Type
• Town
• Recorded Date (span)

You can print or download any documents that appear in your search results. The site may deliver only some of what you are looking for, and visiting the office in person might make more sense. Much of the information is available online; some records are on microfilm, and some are only found in paper books.

You could also use a third-party database website to search for information on property and owners.

Massachusetts offers 21 Registry of Deeds districts. Click the links below to view the address, phone, and email address for each county Registry of Deeds:

Within property records, you will find varying degrees of information. Some of the more common types of property records you can expect to see are:

An encumbrance is when someone who is not the owner makes a claim against a particular piece of property. They can affect transfers and sales of the property. The most common types are mortgages, liens, and easements.

Voluntary Liens

Involuntary Liens

There are three types of involuntary liens. They are as follows:

You have multiple options available to you when searching for property records. You can search online property records through the Secretary of the Commonwealth of Massachusetts website. When searching, you must have some information about the property, usually the name of the current or historical owner and the property address.

You can also visit any of the Registry of Deeds’ offices in person to search for records. You may have to wait for records if you show up in person, and you may have to pay a small fee. Have the property address information ready when you visit the office.

Property record indexes are another way to search for public records and property information. These database sites are handy because they often combine property information records with other indexes for a more complete picture.

There are many reasons why someone might need to identify a property owner. Property ownership is a public record, and locating the owner of a specific plot of land is completely legal.

There are four different types of property ownership in Massachusetts. They are:

What Happens When Property is Gifted to Someone or Transferred to a Family Member?

Massachusetts is not a gift-tax state. Therefore, when someone gifts a piece of property to a family member or friend, the gift is not included in the person’s gross income. However, any income earned from the property is considered gross income.

If a Massachusetts citizen dies without a will, the property will be transferred as part of the probate court process. If the parent gifts the property to the children before death, it will be subject to estate taxes.

Exceptions to Property Ownership

In Massachusetts, you can own portions of beaches; in other states, you cannot. That means these beaches are private, and no one can trespass and use the beach for recreation without the owner’s permission.

Chain of title refers to the history of the property and all the owners, dating back to the first owner. These records detail who built the property and every owner since up to the current owner. There should be no gaps in ownership. The chain of title is based on a few different records, such as deeds and property titles (bundle of rights to the property).

If an ownership transfer occurs and no one registers it with the proper office, the chain of title may be broken, causing problems with real estate transactions and future transfers. A title company may discover this upon doing a title search before a sale.

How to Find the Owner of a Property with Public Records

You can look up the owner of a specific piece of property by using the state's property records lookup tool or a third-party search website.

A property deed will include the legal property description of the plot of land and any buildings on it. The Land Court will have surveys and land measurements that pertain to the property in question if it is a registered piece of property. Since boundary disputes and resolutions are court-related, you can find those with the Land Court office. You must complete a form for a copy of the land survey and boundary dispute records. Some of these documents cost a small fee.

Contact the Land Court in the proper jurisdiction and file a request for copies of survey records and boundary disputes. The Mass.gov website has instructions, the form, and payment options to help you.

Buying and selling property comes with specific responsibilities. Due diligence refers to the time period between when you place an offer on the property and when you close. During that period, you, as the buyer, have the right to have the property inspected and appraised and perform a title search to be sure everything is okay before purchasing.

The lender may require you to purchase title insurance if you obtain a mortgage on the property. This protects the lender if later any title defects are found. Typically, the title company will perform a title search to see if the title is clean and if the seller has the legal rights to sell the property.

When selling property, you must provide disclosure documents to the buyer. In Massachusetts, that includes a lead paint disclosure stating whether lead paint has ever been used on the property. The other required disclosure is verification that there is a septic system installed.

Foreclosure is when a bank or lender repossesses a home when the owner fails to pay the mortgage. The lender sells the property to recoup their losses. Each Registry of Deeds office has foreclosure records; you can access them through the Secretary of the Commonwealth of Massachusetts website or the individual Registry of Deeds website. You can also contact the Land Court for lien and foreclosure case information.

Individual jurisdictions (usually towns/cities) routinely assess local property to set tax rates. Typically, an assessment will raise the property's taxes.

An appraisal is relevant to the real estate market. During a real estate transaction, the lender will order an appraisal to ensure that the property's fair market value supports the loan. That way, if the owner defaults, they can sell the property quickly and recoup their losses.

The information contained in property records helps both assessors and appraisers to make an accurate valuation and determine the correct market value of a piece of property. Real estate investors or homebuyers benefit from knowing what the property they are interested in is worth.

Most property records are public and may expose personal information about the owner that they may want to be kept private. One way to keep things private is when buying real estate, do so under an LLC, revocable trust, or realty trust, also known as "land trusts" or "nominee trusts".

Keep in mind that mortgages and tax records are also public. You can contact your mortgage company to ask them to keep your personal information confidential. When paying tax bills, pay with something other than a personal check to keep your private information secret.

As a member of the public, you have a legal right to access all public property records and their information.

With so many real estate transactions, sometimes property records need to be corrected. An error could be as simple as a misspelled name, incorrect address, or property description. These errors could cause problems when you go to buy or sell property. You can request a correction if you are the property owner or a legal representative. To do so, you must contact your lawyer.

An existing deed with errors cannot be changed but can be amended with a corrective deed. An attorney or the title company who prepared the incorrect deed can help issue a corrective deed. In cases where the mistakes are material, you may need a deed replacement signed by the original grantor.

A corrective deed does not affect the property's title.

To update property records when someone dies, your attorney can draft a new deed removing the deceased person and filing it with the Registry of Deeds.

You can also use a corrective deed to amend property records for legal changes, like after a marriage or divorce. You may need to provide source documents to prove the legal name change.