When transferring or receiving real property in Ohio, it is important to understand how you are taking title to that property.  A deed is an instrument that conveys an interest in real estate.  Each deed contains warranty covenants as to the title of the property; that is, it allocates the risk of title problems to either the grantor or the grantee. 

There are 3 major types of deeds when it comes to warranting title: a warranty deed, a limited warranty deed and a quit-claim deed.  A warranty deed is an instrument that allocates the risk of title problems onto the grantor of the deed.  This assures the grantee that if a title problem arises regarding the property, the grantor will defend the grantee’s rightful ownership of the property.

A limited warranty deed is an instrument that allocates the risk of title problems onto the grantor only so far as the grantor’s ownership of that property.  This differs from the warranty deed in that only title problems that are claimed to have occurred during the grantor’s ownership will be defended by the grantor; title defects that occurred prior to the grantor’s ownership will not be warranted against.

Finally, a quit-claim deed makes no warranties for the benefit of the grantee.  The grantee is taking the title to the property and assuming the risk for any title problems that may arise.

As a grantor or grantee, you can choose what type of deed you wish to use when transferring real property.  The Ohio Revised Code Chapter 5302 addresses in greater detail the different deeds in Ohio as well as the wording required to create each type of deed. 

The attorneys at Ritter & Randolph, LLC and the staff at Cambridge Land Title Agency have extensive experience in preparing documents for the transfer of real property in Ohio, including each of the deeds mentioned above.