[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.16″ global_colors_info=”{}”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Frequently Asked Questions” _builder_version=”4.17.3″ module_alignment=”left” border_style=”solid” global_colors_info=”{}”]<\/p>\n
The information provided below is presented for informational purposes only.\u00a0<\/em>If you have specific questions concerning real estate you should consult an attorney.<\/em><\/p>\n
[\/et_pb_text][et_pb_toggle title=”What is a deed?” admin_label=”What is a deed?” _builder_version=”4.17.3″ global_colors_info=”{}”]<\/p>\n
A Deed is a written document by which the buyer obtains record title to real property. There are several types of deeds. The most common types in this area are Quitclaim or Warranty Deeds. In a Quitclaim Deed, the owner states that he\/she has not encumbered any debts or liens against the title but is unwilling to state that his\/her predecessors did not do the same. In a Warranty Deed, the owner warrants that he\/she has not encumbered any debts or liens against the title and guarantees that his\/her predecessors did not encumber the title.<\/p>\n
[\/et_pb_toggle][et_pb_toggle title=”How do I obtain a copy of my deed?” admin_label=”How do I obtain a copy of my deed?” _builder_version=”4.17.3″ global_colors_info=”{}”]<\/p>\n
You can obtain a copy of your deed by going to www.masslandrecords.com<\/u><\/a>, to download and\/or print it for free. Other documents prior to 1915 can be found in our book vault<\/a> or be ordered from the Registry of Deeds. If your property is Registered Land, you may obtain a copy of it online. Otherwise, to obtain a copy of your deed from the Registry please send your request with the book and page reference or document number reference of the deed you are looking for to P.O. Box 5231, Edgartown, MA 02539. If you do not know the title reference, please list the owners name, street address and town where the property is located. Do not forget to note your return address on your request. All requests for copies must be prepaid. Copies cost $1.00 per page and the Registry does require either a self-addressed stamped envelope or $1.00 per document for return postage. \u00a0If you have questions about how much your copies will cost please call us at (508) 627-4025.<\/p>\n
The Registry of Deeds cannot do a title search for you. If you are looking to research a title or need copies of more than just your deed you can contact an independent title examiner<\/a>. There are many people who make their living doing title examinations who are at the Registry every day. We would be happy to provide you with the names of examiners if you need one.<\/p>\n
The name(s) of the grantor(s).<\/p>\n
The name(s) of the grantee(s).<\/p>\n
The residence and post office address of at least one grantee.<\/p>\n
* Signatures of all of the grantors. At least one signature must be acknowledged (notarized).<\/p>\n
REMEMBER: \u00a0A DEED IS A LEGAL DOCUMENT, CONSULT AN ATTORNEY BEFORE RECORDING A DEED.<\/p>\n
The name(s) of the grantor(s).<\/p>\n
The name(s) of the grantee(s).<\/p>\n
The residence and post office address of at least one grantee.<\/p>\n
REMEMBER: \u00a0A DEED IS A LEGAL DOCUMENT, CONSULT AN ATTORNEY BEFORE RECORDING A DEED.<\/p>\n
[\/et_pb_toggle][et_pb_toggle title=”How much does it cost to record a document at the registry of deeds?” admin_label=”How much does it cost to record a document at the registry of deeds?” _builder_version=”4.16″ border_style=”solid” global_colors_info=”{}”]The cost of recording a document depends on the document type. For a detailed list check out our Recording Fees page<\/a>.[\/et_pb_toggle][et_pb_toggle title=”My spouse died, how do I take his\/her name off the deed?” admin_label=”My spouse died, how do I take his\/her name off the deed?” _builder_version=”4.16″ global_colors_info=”{}”]<\/p>\n
You don’t literally take the name off the deed. \u00a0Most married couples who own real estate hold title as “tenants by the entirety”. This type of ownership has a right of survivorship. When one spouse dies, the interest that spouse had in the property is legally extinguished leaving the surviving spouse as the sole owner of the property. A new deed is not prepared or issued, rather the surviving spouse should record a certified copy of the death certificate for the deceased spouse, and if wished, noting in the left hand margin of the death certificate the street address\/town and title reference of the property owned by the decedent. The town assessor\u2019s office will download a copy of recorded document and the property tax records and bills will be changed accordingly. The surviving spouse’s title will still be the original deed by which the spouses became owners of the property. That deed together with the recorded death certificate would show that the surviving spouse is the sole owner of the property. It may also be necessary to record an estate tax lien release for the deceased spouse (for more information see \u2018Estate Tax Overview<\/a>\u2019). If the couple hold title as \u201cTenants in Common\u201d, means the interest of the decedent passes to his\/her estate and not automatically to the surviving tenant. In the case where two persons own a property as tenants in common and one dies, the survivor has a one-half interest in the property and the heirs at law of the decedent (determined by probate) own the other one-half interest.<\/p>\n
[\/et_pb_toggle][et_pb_toggle title=”I own property with a friend who just died. Who owns it now?” admin_label=”I own property with a friend who just died. Who owns it now?” _builder_version=”4.16″ border_style=”solid” global_colors_info=”{}”]It depends. Look at the deed by which you became owners of the property. Right after your name and the name of the deceased co-owner it should say either “as joint tenants” or “as tenants in common”. \u201cJoint tenants\u201d means there is a right of survivorship so when one tenant dies the survivor automatically becomes the sole owner of the property. A new deed is not prepared or issued, rather the surviving tenant should record a certified copy of the death certificate for the deceased tenant noting in the left hand margin of the death certificate the street address\/town and title reference of the property owned by the decedent. That recorded death certificate will be forwarded to the town assessor\u2019s office and the property tax records and bills will be changed accordingly. The surviving tenant’s title will still be the original deed by which you and your friend became owners of the property. That deed together with the recorded death certificate would show that the surviving tenant is the sole owner of the property. “Tenants in common” means the interest of the decedent passes to his\/her estate and not automatically to the surviving tenant. In the case where two persons own a property as tenants in common and one dies, the survivor has a one-half interest in the property and the heirs at law of the decedent (determined by probate) own the other one-half interest.[\/et_pb_toggle][et_pb_toggle title=”I can’t find my deed. Is that a problem?” admin_label=”I can’t find my deed. Is that a problem?” _builder_version=”4.16″ border_style=”solid” global_colors_info=”{}”]It shouldn’t be an issue as you do not need to present the original deed to sell or mortgage your property. Also, a certified copy of your deed obtained from the Registry of Deeds has the same effect as the original.[\/et_pb_toggle][et_pb_toggle title=”What is a declaration of homestead?” admin_label=”What is a declaration of homestead?” _builder_version=”4.17.3″ hover_enabled=”0″ border_style=”solid” global_colors_info=”{}” sticky_enabled=”0″]<\/p>\n
We have a separate section devoted to Homestead issues.Click here<\/a> to go to the Homeastead FAQ’s and to download Homestead forms.<\/p>\n
The Dukes County Registry of Deeds includes:
Aquinnah<\/a>
Chilmark<\/a>
Edgartown<\/a>
Gosnold<\/a>
Oak Bluffs<\/a>
Tisbury<\/a>
West Tisbury<\/a><\/p>\n
Mt.(Mount), St.(Saint) will be spelled out as it appears on the document.<\/p>\n