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What are Deeds & Titles?
What is a Deed?
A deed is a legal document that transfers ownership of real estate from one party to the next. There are several types of Deeds in Ohio Real Estate Law including:
- General Warranty Deeds
- Special Warranty Deeds
- Quitclaim Deeds
- Fiduciary Deeds
- Survivorship Deeds
- Transfer on Death Deeds (Transfer on Death Designation in Ohio)
Each deed serves a different purpose when transferring real estate in the State of Ohio. But all deeds have three basic components in common:
- Grantor and Grantee Details – who you are, your contact information, and your status with the real estate being transferred.
- Legal description of the property – a summary description of the property type, the address, lot number, tax authority, etc.
- Signatures of involved parties – these are often notarized to ensure the validity of the signatures.
Deeds are filed with the County Recorder In Ohio based on the county where the property is located, not where the deed is ratified. Deeds are part of the public record to indicate ownership of property as well as liens on property.
What is a Title in Ohio Real Estate?
Whereas a deed transfers ownership of real estate from one party to another, a title represents the legal right to own the property, to use the property, and to modify the property according to the law.
Titles often have a form of insurance related to them including either a lender’s policy or an owner’s policy or both.
Titles are instrumental tools should any disputes on the use of the property occur, and work alongside of the deed if the boundaries of the property come into question, or if a fraudulent deed is filed to try and obtain the property.
Comparing Types of Deeds in Ohio Real Estate
| Deed Type | Warranty Level | Best For | Common Uses |
| General Warranty Deed | Highest | Buyers seeking full protection | Standard real estate purchases |
| Special Warranty Deed | Limited to grantor period | Transactions where grantor’s ownership is known | Commercial real estate |
| Quitclaim Deed | None | Transfers within families or resolving disputes | Family transfers, divorces, corrections |
| Fiduciary Deed | Limited to fiduciary role | Sales by trustees, executors, or guardians | Estate settlements, trust transfers |
| Survivorship Deed | Rights of survivorship | Joint property owners | Avoiding probate for co-owners |
Frequently Asked Questions about Titles & Deeds in Ohio Real Estate
A deed transfers ownership of real estate from one party to another, a title ensures the legal ownership rights to a property.
Yes. You can change a deed such as a Quitclaim Deed to a Warranty Deed by executing a new deed and clarifying discrepancies in question on the property.
You are not required to use an attorney under Ohio Real Estate Law to execute the transfer of real estate with a deed. Legal representation is there to ensure compliance with Ohio laws, e.g. warranty on the property, and to avoid filing errors that can become costly mistakes.
There are several paths to resolve title disputes under Ohio Real Estate law including mediation through arbitration, legal action and the use of title insurance to mitigate risks.
An Affidavit of Title is used in Ohio Real Estate transactions when a buyer wants assurances that the title is clear of undisclosed claims or other issues. An Affidavit of Title may be required by a lender or title insurer.
Protect your property with titles & deeds
A piece of real estate may be one of the largest purchases you ever make in your life. It may also become one of the single largest assets you own. Ensure that your property is safe and protected with the proper execution and filing of deeds and titles across the State of Ohio.
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What is a General Warranty Deed in Ohio Real Estate Law
The General Warranty Deed provides the highest level of protection for buyers in Ohio real estate transactions. The grantor guarantees that they hold a clear title free of encumbrances and promises to defend the title against future claims, even those predating their ownership.
What is a Special Warranty Deed in Ohio Real Estate Law
A Special Warranty Deed limits the grantor’s guarantees to issues arising only during their period of ownership. It protects the grantee against claims from the grantor’s time but not before.
What is a Fiduciary Deed in Ohio Real Estate Law
A Fiduciary Deed is a type of deed used when a property is transferred by a fiduciary, such as an executor, trustee, guardian, or conservator, who is acting on behalf of another party. In Ohio, fiduciaries use this deed to sell or transfer property without making personal warranties about the title.
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