Ohio Real Estate Lawyers
Ohio real estate law involves a variety of State statutes, major court holdings and local law in the county where the real estate is located. The law understands that land is unique. Technically, there are no two pieces of land that are the same and, as such, the law governing real estate must account for this variability. Ohio seeks to do this with a body of common law set by State courts as well as select legislation to govern certain parts of the real estate process (such as the form of deeds, landlord and tenant relations and some contract requirements for land contracts). Since real estate in Ohio is a complicated subject, its best to consult with a real estate attorney to have your specific case analyzed. Our team offers free consultations at 419-469-5002.
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Real Estate Deeds in Ohio
Deeds in Ohio
A deed is a document that evidences the conveyance of real estate in Ohio. In general, real estate transactions are governed by Ohio Revised Code Section 5301.01. In order for a deed to be effective in Ohio, it must:
- be signed by the grantor, mortgagor, vendor, or lessor
- acknowledged by the grantor, mortgagor, vendor, or lessor before a judge or clerk of a court of record in this state, or a county auditor, county engineer, notary public, or mayor, who shall certify the acknowledgement and subscribe the official’s name to the certificate of the acknowledgement.
- It should also be recorded the office of the county recorder of the county in which the subject property is situated
General Warranty Deed
This is far and away the most commonly used deeds in Ohio. A general warranty deed is a conveyance of real estate in fee simple (or in total). In making this type of conveyance, the seller (known as the Grantor) makes several warranties related to their title. These type of deeds give the buyer some legal recourse is one of the deed warranties is broken – such as a unrecorded title transfer or certain pre-existing lawsuits or claims to the title.
Limited Warranty Deed
A limited warranty deed is similar to a General Warranty deed – just, predictably, limited. A limited warranty deed typically includes the same warranties in a general deed, but confines the warranty period to the period of ownership of the grantor. In sum, the grantor is only warranting the title during their ownership, and providing no warranty regarding the past.
Quit Claim Deed
A quit claim deed is legal document that transfers whatever legal interest in real estate a person has to the grantee. You must proceed cautiously with quit claim deeds, as they come with no guarantee that the grantor has any right to the property, or that there is a clear title to the property. We advise that you speak to a real estate lawyer before proceeding with the purchase of any real estate via a quit claim deed.