FAQs

The Barnstable Registry of Deeds in an “office of record.” That means we accept documents for recording that meet the minimal legal requirements for recording as set out in the Massachusetts General Laws, the rules of the Land Court (for registered land documents) and the rules of the Barnstable Registry, all as interpreted by the Register of Deeds. Documents are placed on “record” at the appropriate Registry of Deeds in order to be valid against and give notice to any persons who have an interest in the property affected by the document. Recording a document at the appropriate Registry of Deeds puts the “world on notice” of that document.

Essentially, a Registry of Deeds is a “library” of recordings. The person presenting the document for recording assumes the status of author and the Registry Staff are the librarians who catalog it and put it on the shelf. Just as with a library, the Registry does not act as an editor or “ghost-writer” for the “author.”

With that preamble, the answer to the question posed above is as follows: Aside from examining a document to see if it meets the minimal legal requirements for recording, the Registry Staff is prohibited by law from giving “legal advice” concerning the document. The prohibition against giving “legal advice” includes a prohibition against advising or offering opinions on matters such as:

1. How to prepare a document;
2. Whether a “recordable document is otherwise legally correct, or if it will “do” what the “author” is hoping it will do;
3. The order documents should be placed on record;
4. Whether an individual has “good” or “clear” title;
5. Whether a mortgage or lien has been effectively discharged; and
6. Whether an individual should or should not record an otherwise legally recordable document.

Our advice to anyone who has any of the above questions or issues is to consult with an attorney. Documents that are accepted for recording at a Registry become permanent public records and are not alterable once they are accepted for recording. The likelihood that the document you are recording will affect your most valuable asset, your home, should give you pause before recording anything you have not previously run past your attorney.

We want to help you in any way we legally can in your dealings with the Barnstable Registry of Deeds, so please do not hesitate to ask us questions if you have any. Please understand, however, that if your question calls on us to give you “legal advice,” as we define the term, we may not be able to be as much help to you as you may hope or expect. Thank you.

You may obtain a copy of your deed by either 1) coming to the Registry, 2) sending in a mail request, or, 3) using our credit card charge CAPEVIEW internet based option.
To obtain a copy of your deed via mail please send $3.00 and a self-addressed stamped envelope together with the book and page reference or document number reference of the deed you are looking for to P.O. Box 368, Barnstable, MA 02630. 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.
Please note: All copy orders must be accompanied with a self-addressed stamped envelope with sufficient postage to handle your request. Any order without sufficient postage will not be processed.
To obtain a copy of your deed or other document via the web please click on the CAPEVIEW link and follow the instructions for credit card printing.

Please be advised that 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 and you are unsure of how to search a title you can contact an independent title examiner. There are many people who make their living doing title examinations. A list of individuals and firms that provide title examination services can be found by clicking on the Title Examiners link.

Congratulations! You have paid off your mortgage. In order to clear your property title of the mortgage you need to record the discharge of mortgage document you received from the bank with the Registry of Deeds.After paying off your mortgage you should have received a one or two-page document from the mortgagee (bank) entitled “Discharge of Mortgage” or “Satisfaction of Mortgage.” That discharge document needs to be recorded with the Registry of Deeds in order to clear your title of the mortgage. We cannot accept a copy of the discharge; we must have the original. You can mail in the discharge or come in person to record the document. Our mailing address is Barnstable County Registry of Deeds, P.O. Box 368, Barnstable, MA 02630. There will be a recording fee to file the discharge.

If your discharge refers to a book and page number (Recorded Land) the recording fee will be $105.00. Any Recorded Land instrument sent for recording via mail or express service must include a self-addressed stamped envelope (SASE) in order to have the instrument returned. An Instrument without an appropriate SASE will be discarded within five business days of recording. Also, if the discharge does not already refer to the street address of the property being discharged you should write the street address and the town in the left-hand margin of the discharge.

If your discharge refers to a six (6) or seven (7) digit document number (Registered Land/Land Court) the recording fee will be $105.00. We keep the original document as a permanent record so if you want a copy of the registered document, you should include an additional $1.00 per page and self addressed stamped return envelope. Also, if the discharge does not already refer to the street address of the property being discharged you should write the street address and the town in the left-hand margin of the discharge. Please note that if your mortgage was noted on more than one certificate of title the fee will be $105.00 for each certificate.

In rare cases your property may be what we call “both ways” meaning it is both Recorded & Registered Land (Land Court).  If your property has both a book and page reference and a Land Court Reference the fee will be $210.

If you own property and you want to transfer ownership to someone else or if you want to retain an ownership interest and grant a part ownership to someone else you need to do that by preparing and executing a new deed. You cannot do this through a phone call to us or by a letter or by crossing out and/or adding names to your old deed. We at the Barnstable County Registry of Deeds/Land Court cannot prepare the deed for you.  We do not have deed forms. Nor can we advise you as to whether the deed you present to us will have the effect of doing what you tell us you want it to do. All we can do is to examine the deed to determine if it meets the legal requirements for recording/registration.If a deed meets the basic legal requirements for recording/registration and the proper fee is presented a deed will be accepted for registration. Please be advised that once a deed is accepted for recording/registration it cannot be removed from the public record. We urge you to seek the advice of an attorney before registering a deed because the consequences of a mistake can be significant.The legal requirements for a deed conveying recorded land are generally covered by the provisions of M.G.L. Ch. 183 and Massachusetts Register’s of Deeds Guidelines.The legal requirements for a deed conveying registered land (land court land) is governed generally by M.G.L. Ch. 185 and the Guidelines of the Land Court.REMEMBER: A DEED IS A LEGAL DOCUMENT, CONSULT AN ATTORNEY BEFORE RECORDING A DEED.

You don’t literally take the name off the deed. Most married couples who own real estate hold title as “husband and wife, 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 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 assessors office 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 (click on this link for more information about estate tax liens).

One does not necessarily receive a deed when a property is inherited. Property can be inherited either as a result of a devise in a Will of the deceased property owner or, in the absence of a Will, via intestacy. In either case it is possible, if not probable, that no “deed” will be recorded with the Registry of Deeds to reflect the inheritance. Rather, the person(s) who inherited the property will have title to the property through a Massachusetts Probate Court and the Probate Court Docket Number of the Estate will be the identifying reference for the title. A title acquired in this manner is just as legitimate and acceptable as a title acquired by a deed recorded in the Registry of Deeds.However, if the property involved is Land Court a/k/a Registered Land then a formal petition to the Land Court in Boston is also required before the heir(s) can do anything with the property.In any case, when you inherit property the Registry of Deeds is not the party that issues a “deed” or is responsible for “clearing your title”. Asking Registry personnel what to do in order to get a “deed” in this type of situation is asking us for legal advice and we cannot give legal advice.  If you have questions about real estate issues related to inheritance you should consult an attorney.

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”.Joint tenants 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 assessors 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. It may also be necessary to record an estate tax lien release for the deceased spouse (click on this link for more information about estate tax liens).”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.