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An Ohio deed is a binding document in which an individual or entity (the grantor) legally transfers property ownership to another party (the grantee). Deeds come in several varieties, with each document providing a varying degree of protection to the grantee. A general warranty deed includes a promise that no liens, debts, or encumbrances affect the title and that the grantor is legally authorized to transfer the property. On the other hand, a quit claim deed offers no such guarantees and only demonstrates the transfer of property rights to the new owner.
All deeds must be signed by the grantor, acknowledged before the proper authority (e.g., notary public, clerk), and recorded with the County Recorder’s office.
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Types (5)
General Warranty Deed – Provides a guarantee to the buyer that no current or past issues affect the property’s title.
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Limited Warranty Deed – Functions similarly to a general warranty deed; however, the guarantee is limited to the seller’s term of ownership and does not cover title concerns from previous owners.
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Quit Claim Deed – Releases one’s interest in a property without providing any warranties to the buyer.
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Survivorship Deed – Transfers ownership in equal shares to two or more grantees. Upon a grantee’s death, their share is automatically distributed among the surviving owners.
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Transfer on Death Deed – With an official title of “transfer on death designation affidavit,” this document automatically transfers property to beneficiaries upon the grantor’s death (the form may be revoked at any time).
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Laws & Requirements
- Statutes: Title 53, Ch. 5302 (Statutory Forms Of Land Conveyance)
- Formatting: § 317.114, § 317.112 & § 317.113
- Signing Requirements (§ 5301.01(A)): Notary Public (or other authorized official)
- Where to Record (§ 5301.25(A)): County Recorder
- Recording Fees (§ 317.32(A)(1)): $34 for the first two (2) pages; $8 for each additional page.
- Residential Property Disclosure Statement (§ 5302.30): Provided to the grantee to disclose material property defects (required whenever residential property is transferred by sale).