How to Access Property Records in Massachusetts

Massachusetts property records are public records, meaning anyone can access them without a reason or special permission. Public records are readily available if you know where to look. When searching for Massachusetts property records, you have two primary sources: government offices and commercial resources.

Government Sources

Accessing records through the Registry of Deeds in Massachusetts is easy since the information is public. You can access records both online and in person.

Online

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 Massachusetts 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.

In Person

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.

• Barnstable Office
• Berkshire Middle Office
• Berkshire North Office
• Berkshire South Office
• Bristol Fall River Office
• Bristol North Office
• Bristol South Office
• Dukes Office
• Essex North Office
• Essex South Office
• Franklin Office
• Hampden Office
• Hampshire Office
• Middlesex North Office
• Middlesex South Office
• Nantucket Office
• Norfolk Office
• Plymouth Office
• Suffolk Office
• Worcester Office
• Worcester North Office

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

Property records in Massachusetts are legal documents that contain information about a piece of real property within the state. It includes both vacant plots of land and those with buildings or homes. Massachusetts property records are vital because they prove that you legally own your home and property. Some property records allow you to transfer property ownership and pass it down to your heirs. These records are referred to as "deeds." The deed shows the property's current owner, when it was purchased, and other details. 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 property records with 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.

When a property changes hands, a new deed is filed with the country Register of Deeds. The current and new owners must sign it before recording it with the Registrar. Once recorded, it becomes legally binding.

When someone refers to Massachusetts property records, they may be talking about more than just property 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:

Property ownership is a public record, and locating the owner of a specific plot of land is completely legal. 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.

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

Ownership History Records

Massachusetts property records will also show the ownership history of everyone who has owned the property since somebody first purchased it. You can track the appreciation or depreciation of the property and see how much it sold for with each real estate transaction.

Over time, property lines change as people buy and sell plots of land. Multiple lots may be absorbed by one owner and combined into a new property. Historical property records show the original layout of the land with historical boundary lines and other details.

Massachusetts Titles

Titles establish property ownership. Individuals register titles at the Registry of Deeds for the county where the land is located. Massachusetts titles include information such as:

• Identification - It includes information such as the parcel number and physical address.
• Ownership history - The title provides information about ownership, i.e., those who have owned and currently own the property.
• The legal description of the property - The legal description is detailed information about the property's boundaries.
• Encumbrances and liens - The document will outline any liens and encumbrances that affect the property, such as easements, judgments, and mortgages.
• Restrictions and covenants - The title describes all restrictions and covenants that affect the ownership or utilization of the property, for example, homeowners association rules.
• Certifications and notations - The title may include notations or certifications by the Registry of Deeds. For example, a notation that the property is subject to a pending legal action.

How 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.

What is a Chain of Title?

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.

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 in Massachusetts, 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.
• Verification that there is a septic system installed.

Before buying any property in Massachusetts, check property records for any liens, outstanding loans, easements, covenants, and title issues to prevent problems. Use PropertyChecker to find out all you can about the property before buying.

Why Property Values Are Important in Real Estate Transactions

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.

What Factors Determine Property Values in Massachusetts

High prices in some cities of Massachusetts are often determined by factors such as:

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.

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. 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.

Massachusetts has two types of deed recording systems for real property: recorded land and registered land. Every piece of Massachusetts 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.

Most property records are public and may expose personal information about the owner that they may want to be kept private. Some ways to keep your information private are to:

• When buying real estate, do so under an LLC, revocable trust, or realty trust, also known as "land trusts" or "nominee trusts".
• 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.
• Purchase property under a business name or trust to keep your personal information safe.
• Constantly monitor your credit reports and limit the amount of personal information you share.
• Request that extra details be removed from public records.

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