Types of Deeds

  1. ORC 5302.05 and 5302.06
  2. Most Common type of deed used in residential transactions
  3. Subject to any stated exceptions, seller warrants to buyer that he owns the property, that he has unqualified right to convey it, that it is free from encumbrances or title defects, and that he will defend the title should someone else make an ownership claim.
  4. The warranties contained in this type of deed cover title defects whenever they may have arisen.
  5. Upon the death of the grantee, the property will be included in his probate proceedings.
  6. If there is more than on grantee, they each own an undivided fractional interest as tenants in common.
  7. Owners title insurance has become the primary tool for protecting the real property ownership interest of buyers.
  1. ORC 5302.11 and 5302.08
  2. Customarily used in commercial or relocation transactions.
  3. Similar to characteristics of general warranty deed except that seller only warrants as to defects in title that may have occurred during the time he owned the property.
  1. ORC 5302.11
  2. Contains no warranties as to possible defects or encumbrances.
  3. Conveys whatever ownership interest seller has.
  1. ORC 5302.09 and 5302.10
  2. Forms of deeds used by Guardians, Executors, Administrators and Conservators.
  3. Warrants that the grantor is duly appointed and acting in compliance with relevant statutory authority in his conveyance of the subject property.
  4. Contains no warranties as to ownership, possible defects in title or encumbrances.
  1. ORC 5302.17 and 5302.20
  2. Transfers to “A and B, for their joint lives, remainder to the survivor of them.”
  3. Upon the death of a survivorship tenant the remaining parties become owners of the decedent’s interest by operation of law without the need for proceedings.
  4. There may be any number of survivorship tenants as long as there are at least two.
  5. The survivorship tenants must be natural persons, i.e. no trustees, corporations, partnerships or limited liability companies.
  6. A survivorship deed may include general warranty, limited warranty or quit claim convenants.