DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Massachusetts

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Massachusetts, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/massachusetts · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkA three-step lien: record a notice of contract, record a statement of account, then sue.

Massachusetts at a Glance

Topic Massachusetts answer Where it comes from
Lien step 1: notice of contract Record by the earliest of 60 days after a recorded notice of substantial completion, 90 days after a recorded notice of termination, or 90 days after the last work M.G.L. c.254, § 2
Lien step 2: statement of account Record by the earliest of 90 days after notice of substantial completion, 120 days after notice of termination, or 120 days after the last work M.G.L. c.254, § 8
Lien step 3: suit Sue within 90 days after filing the statement of account, and record an attested copy of the complaint within 30 days after commencing the action M.G.L. c.254, §§ 5, 11
Priority The lien attaches to the title as of record when the notice of contract is recorded M.G.L. c.254, § 2
Bond Bond in the amount of the lien dissolves it M.G.L. c.254, § 14
Recording act Notice statute: an unrecorded deed is not valid against anyone but the grantor, heirs, devisees, and persons with actual notice M.G.L. c.183, § 4
Two systems Recorded land (Registry of Deeds) and registered land (Land Court certificates of title) M.G.L. c.185
Remote online notarization Authorized by Chapter 2 of the Acts of 2023; Land Court acceptance of RON deferred St. 2023, c.2
Deed transfer tax Deed excise $2 per $500 plus a 14% surcharge = $4.56 per $1,000; Barnstable County: state $3.42 plus county $3.06 = $6.48 per $1,000; seller pays; land bank fees on Nantucket and Martha's Vineyard M.G.L. c. 64D, § 1
Mortgage/indebtedness tax None (no state statute)
Lender title certification Lender's attorney must give the borrower a certification of title (50-year exam) M.G.L. c.93, § 70
Future advances — M.G.L. c.183, § 28A
Subdivision Approval Not Required (ANR) endorsement for divisions that aren't subdivisions M.G.L. c.41, §§ 81L, 81P
Title premium regulation Not regulated: title insurance rates are set by each company Division of Insurance

1. Mechanics' Lien Rules

Plain English

Massachusetts has a three-step lien process. First, the contractor records a notice of contract at the Registry of Deeds (or Land Court). The lien attaches as of the date that notice is recorded, so unlike most states, priority doesn't relate back to the start of work. The notice must be recorded by the earliest of 60 days after a recorded notice of substantial completion, 90 days after a recorded notice of termination, or 90 days after the last work. Second, the claimant records a statement of account (90 or 120 days, again by the earliest). Third, the claimant sues within 90 days after filing the statement and records a copy of the complaint. Miss a step and the lien dissolves. A bond in the amount of the lien can also dissolve it.

Key Rules

Notice of contract (M.G.L. c.254, § 2). Recorded in the registry of deeds for the district where the land lies, by the earliest of: 60 days after a notice of substantial completion is recorded; 90 days after a notice of termination is recorded; or 90 days after the claimant last performed or furnished. Upon recording, the lien attaches to the property's title as of record.

Subcontractors (c.254, § 4). Subs record their own notice of contract by the same earliest-of deadlines (60 days after a notice of substantial completion, 90 days after a notice of termination, or 90 days after the last work on the project) and give the owner actual notice of the filing. The sub's lien can't exceed what is due or to become due under the original contract when the owner gets that notice.

Statement of account (c.254, § 8). Recorded by the earliest of 90 days after notice of substantial completion, 120 days after notice of termination, or 120 days after the last work.

Suit (c.254, §§ 5, 11). Within 90 days after filing the statement of account (§ 11); record an attested copy of the complaint within 30 days after commencing the action, or the lien dissolves (§ 5).

Bond (c.254, § 14). Any person in interest may dissolve the lien by recording a surety company bond in the amount of the lien, conditioned on paying any judgment. The claimant may sue on the bond within 90 days after the later of filing the statement of account or receiving notice of the bond.

Notice of substantial completion and termination (c.254, §§ 2A, 2B). Owners can record these to shorten the lien window.

Practice Points

  1. Search for notices of contract up to the moment of recording. The lien attaches when the notice is recorded.
  2. Record notices of substantial completion at the end of construction jobs to shorten the windows.
  3. Watch the 90-day suit deadline. A lien with no statement of account or suit by the deadlines is dissolved (§§ 8, 11). A person in interest, including a mortgage holder, may ask the superior or district court to rule on or summarily discharge an invalid lien or notice (c.254, § 15A).

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Massachusetts has two land systems. Recorded land goes to the county or district Registry of Deeds. Registered land is under the Land Court, with a certificate of title; documents must be registered on that certificate to be effective. The recording act is a notice statute: an unrecorded deed is invalid against everyone except the grantor, heirs, devisees, and people with actual notice. Massachusetts authorized remote online notarization in Chapter 2 of the Acts of 2023 (effective subject to Secretary of the Commonwealth regulations); the Land Court deferred accepting RON documents for registered land. Real estate closings are attorney-driven: the lender's closing attorney must give the borrower a title certification. The seller pays the deed excise.

Key Rules

  • Recording act (M.G.L. c.183, § 4). Unrecorded conveyances and leases over 7 years are not valid against any person except the grantor, heirs, devisees, and persons with actual notice.
  • Registered land (M.G.L. c.185). Land Court certificates of title.
  • Deed excise (M.G.L. c.64D, § 1). $2 per $500 of consideration plus a 14% surcharge, for $4.56 per $1,000. In Barnstable County the state portion is $3.42 per $1,000 and the county adds $3.06, for $6.48 per $1,000.
  • Title certification (M.G.L. c.93, § 70). On a purchase-money first mortgage of an owner-occupied 1-4 family dwelling, the lender's attorney must certify title to the borrower and the lender, based on an exam of at least 50 years (registered land may start with the current certificate). The attorney's liability is capped at the deed consideration (borrower) and the original loan amount (lender). Willful failure to give the borrower the certification is an unfair or deceptive practice under chapter 93A.
  • Attorney closings. The SJC said that a closing requires not only the presence but the substantive participation of an attorney for the lender, and that giving an opinion on marketability of title and drafting deeds for others are the practice of law. Ordering title exams, preparing settlement statements, recording and issuing title insurance are not (Real Estate Bar Ass'n for Massachusetts, Inc. v. National Real Estate Information Services, 459 Mass. 512 (2011)). For closings that use communication technology, M.G.L. c.221, § 46E reserves directing the closing, title advice, § 70 certifications and drafting deeds to Massachusetts attorneys.

Practice Points

  1. Check the system first: recorded or registered land? Registered land needs the certificate of title updated.
  2. RON documents on registered land: confirm Land Court acceptance before closing.
  3. Collect the deed excise with the right county rate.

Citations

3. Securing Future Advances

Plain English

Massachusetts has a specific, narrow rule: money the mortgagee later lends for repairs, improvements, lead paint removal, fuel, taxes, municipal charges, or condo common charges on the property is secured with the same priority as the original loan, as long as the total outstanding doesn't exceed the amount originally secured. We did not confirm a general Massachusetts statute covering priority of optional future advances.

Key Rules

  • Later loans for listed purposes (M.G.L. c.183, § 28A). Same priority as the original debt for loans for repairs, improvements, lead paint removal, replacements, fuel, taxes, municipal liens, or condo assessments, capped at the amount originally secured. Without written assent, it doesn't affect the original borrower's rights or encumbrances recorded before Sept. 1, 1946 (repairs, replacements, taxes) or Sept. 1, 1956 (improvements).

Practice Points

  1. Equity lines: get a payoff and a signed freeze and close request.
  2. Junior liens after a mortgage: ask whether later advances are obligatory.
  3. Construction loans: search for notices of contract recorded before the mortgage (section 1).

Citations

4. Subdivision Statutes and Regulations

Plain English

Massachusetts subdivision control (M.G.L. c.41, §§ 81K–81GG) applies in towns that adopted it. A "subdivision" generally means dividing land into two or more lots where a lot lacks the required frontage on a qualifying way. A plan that isn't a subdivision gets an "Approval Not Required" (ANR) endorsement from the planning board, and the registry won't record a plan without that endorsement or subdivision approval. A plan may also trigger a zoning freeze under M.G.L. c.40A, § 6: 8 years from endorsement of an approved definitive plan, and 3 years from an ANR endorsement for the use of the land shown.

Key Rules

  • Definition (M.G.L. c.41, § 81L). Subdivision is a division into two or more lots. It isn't a subdivision if every lot has the zoning-required frontage (or 20 feet if none is required) on a public way, a way on an approved subdivision plan, or an existing way the planning board finds adequate.
  • ANR (c.41, § 81P). The planning board endorses "approval under the subdivision control law not required" on qualifying plans, or, if the board doesn't act or give notice within 21 days, it is deemed to have found approval not required (the town clerk issues a certificate if the board doesn't endorse).
  • Recording (c.41, § 81X). Registers of deeds won't record a plan dividing land into lots, in a town where subdivision control is in force, without a planning board approval (with the clerk's no-appeal certificate), an ANR endorsement, or a clerk's certificate of constructive approval.
  • Zoning freeze (c.40A, § 6). Definitive plan: 8 years from endorsement of approval (extended for moratoria). ANR plan: the zoning in effect at submission governs the use of the land for 3 years from endorsement.

Practice Points

  1. New lot? Get the endorsed plan (ANR or approved definitive plan) recorded.
  2. Check frontage and access for ANR lots.
  3. Abutting ways and the derelict fee statute: the policy insures the land it describes, not land a statute might add (Lester v. Old Republic Title Ins. Co., No. 24-P-1027 (Mass. App. Ct. Apr. 10, 2026); M.G.L. c.183, § 58).

Citations

5. Title Premium Rates

Plain English

Massachusetts does not regulate title insurance rates. Each insurer and agent sets its own premiums, and there's no rating bureau or promulgated schedule. Legislators have filed bills on title insurance regulation; the 2025-2026 bill (H.1099) was sent to a study order on March 9, 2026 and did not pass.

Key Rules

  • Rates. Title insurers aren't required to file their policies or rates with the Division of Insurance, so they aren't reviewed or approved (Division of Insurance).
  • Bills. H.1099 (2025-2026, "An Act to reform title insurance") was heard Sept. 15, 2025 and accompanied a study order (H.5211) on March 9, 2026.

Practice Points

  1. Watch the legislature for title rate regulation bills.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Massachusetts charges a deed excise (stamp tax) of $2 per $500 of price, plus a 14% surcharge, for an effective $4.56 per $1,000. Barnstable County is higher ($6.48 per $1,000) because it adds a county excise. The seller pays. Nantucket and Martha's Vineyard add a 2% land bank fee, which by statute is the buyer's liability. Massachusetts has no mortgage tax.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Rate. $2 per $500 plus a 14% surcharge, giving $4.56 per $1,000 (c. 64D, § 1). Barnstable County: $3.42 state plus $3.06 county, $6.48 per $1,000 (Barnstable County Registry of Deeds).
  • Who pays. The grantor (seller).
  • Land banks. Nantucket (St. 1983, c.669, § 10) and Martha's Vineyard member towns (St. 1985, c.736, § 10) impose a 2% fee on the purchase price; the purchaser is liable regardless of any agreement with the seller.

(b) Mortgage, indebtedness or intangible tax

  • None. Massachusetts has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

  • Registry recording fees are flat per document (c. 262, § 38): deed $100, mortgage $150, most other documents $50, plans $50 per sheet. Most recordings also carry a $50 Community Preservation Act surcharge ($25 for a municipal lien certificate; none for a homestead) (c. 44B, § 8).

Practice Points

  1. Worked example. A $600,000 sale (not Barnstable): $2,736 deed excise.
  2. Islands: budget the 2% land bank fee.

Citations

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