Deeds
Real Estate I
Mike Brigner, J.D.
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Some Basic Questions
What is the difference between
TITLE to property & DEED to property?
 A recorded deed & an unrecorded deed?

How many ways can interests in real estate
be transferred?
Deed - Mortgage - Lien – Assessment - Lease
 Adverse Possession - Dower - Bankruptcy
 Easement by Affidavit or Prescription (use)

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Basic Deed Requirements
Deed
My Red House
To Sue Grantee
Signed,
Myrtle Grantor
Definition: A deed is a
legal instrument for the
conveyance of real
property
All deeds must be in
writing (Statute of Frauds)
Grantor = transferor
Grantee = transferee
Grantor competent
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Basic Deed Requirements
Deed
My Red House
To Sue Grantee
Signed,
Myrtle Grantor
Grantor must state intent
to transfer real estate, by
using words of
conveyance – “grant,
convey, assign, give”
Ohio uses “grant”
Legal description of the
property
Consideration - but
amount not necessary
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Basic Deed Requirements
Deed
My Red House
To Sue Grantee
Signed,
Myrtle Grantor
What interest exactly
is granted by Grantor?
What warranties are
given by Grantor?
How is property to be
owned by Grantees?
Properly executed, as
follows:
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Basic Deed Requirements
Deed
My Red House
To Sue Grantee
Signed,
Myrtle Grantor
Signed by the grantor
Signature notarized
Witnessed - TWO
witnesses required
until 2002. Now, NO
witnesses required.
Delivery by grantor
Acceptance by grantee
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Interest (or “Estate”) Granted
Full ownership forever w/o conditions
= Deed in fee simple absolute
 Unless deed says otherwise, full ownership

Full ownership with conditions

“No development”, or “Lake to be maintained”
Life estate – Can be for life of Grantor, life
of Grantee, or life of a third party
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What Warranties Given by Grantor?
General Warranties G
Limited Warranties
Fiduciary Warranties
L
F
No Warranties (Quitclaim)
Q
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How Will Property
Be Owned by Grantee?
Individually – sole ownership
Tenants in Common – each grantee owns a
share, & can sell or bequeath that share
Joint with Rights of Survivorship (J&S) –
each grantee owns all & if one dies, his
interest passes automatically to the
survivor(s)
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Basic types of deeds
G
L
F
General
Warranty
Deed
Limited
Warranty
Deed
Fiduciary
Deed
Each type has its own section of Ohio Revised
Code, giving exact deed language required
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Basic types of deeds
J&S
Q
Survivorship
Deed
(aka “J & S”)
Quitclaim
Deed
Each type has its own section of Ohio Revised
Code, giving exact deed language required
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G
General Warranty Deed
Grantor covenants against all claims
Covenant = a promise that a fact is true or
that an event will take place
R.C. 5302.05 defines general warranty deed
R.C. 5302.06 defines covenants
http://www.legislature.state.oh.us/laws.cfm
http://dictionary.law.com/
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Covenants in
General Warranty Deed
By using deed words “with General
Warranty Covenants”, Grantor gives:
1. covenant of seisin
 2. covenant of right to convey
 3. covenant against encumbrances
 4. covenant of further assurances
 5. covenants of quiet enjoyment and
warranty

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L Limited Warranty Deed
Grantor covenants only against the lawful
claims of people claiming by, through or
under the grantor
R.C. 5302.07 Limited warranty deed
R.C. 5302.08 Limited covenants
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Covenants in
Limited Warranty Deed
By using deed words “with Limited
Warranty Covenants”, Grantor gives:

1. Covenant against encumbrances
created by the grantor only
If grantor had put (for example) an easement
on the land, grantor liable
 If someone prior to the grantor had placed an
easement on the property, grantor not liable

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F
Fiduciary Deed
Used when executor, administrator, trustee,
guardian, or other fiduciary transfers real
property
R.C. 5302.09 Fiduciary Deed
R.C. 5302.10 Fiduciary Covenants
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Covenants in
Fiduciary Deed
By using deed words “with Fiduciary
Covenants”, Grantor warrants:
1. that the fiduciary was properly appointed
 2. that fiduciary has legal authority to sell
the property
 3. that fiduciary has complied with all other
legal aspects of sale
 4. that fiduciary has done nothing to
encumber the land

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Q
Quitclaim deed
Transfers only the interest the grantor has in
the land and not the land itself
No covenants or warranties
Used as deed in lieu of foreclosure
Clears up dower problems
R.C. 5302.11 Quitclaim Deed Form
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J&S Joint & Survivorship Deed
Grantees acquire joint ownership of
property with right of survivorship
If one dies, decedent’s interest in property
passes automatically to survivor
 No deed required at death, but
 Affidavit as to death, & including legal
description, must be filed at Recorder’s
R.C. 5302.17 Survivorship deed form
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J&S Joint & Survivorship Deed
Remember that “J&S” is just the way the
Grantees choose to own the property
J&S deed form says Grantees take property
“for their joint lives, remainder to the
survivor of them,”
(J&S deed form also says Grantors give
with General Warranty Covenants)
J&S language can be added to any other
type of deed, G, L, F, Q
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Distinguish
Warranties are what GRANTOR gives
Form of ownership is what GRANTEE gets
So we can have:
Gen. Warranty Deed that includes J&S rights
 Fiduciary Deed that includes J&S rights

OR
Ltd. Warranty Deed to individual
 Ltd. Warranty Deed to Tenants in Common

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Preparation of an Ohio Deed
Accuracy in all details!
“Grantor”
Grantor’s marital status REQUIRED
 If name has changed since acquiring, state
“fka” – further known as
 If corporation, partnership, state status

“of Montgomery County, Ohio”
“for valuable consideration paid” –
amount not needed
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Preparation of an Ohio Deed
“grants” shows intent to convey real estate
Warranty clause, such as “with general
warranty covenants”
By using correct Ohio form, shows what
warranties grantor intends to be obligated to
 Or, if Quitclaim, intent to give no warranties

Any limitations or conditions on type of
estate being transferred, such as a life estate
“Grantee” name. Marital status not
required
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Preparation of an Ohio Deed
How property is to be owned by grantees
Individually (no special words needed)
 “As Tenants in Common”
 “for their joint lives, remainder to the
survivor of them,”

“Whose tax mailing address is. . . .”

Deed cannot be recorded without information
as to where to send tax bills
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Preparation of a Deed
Property Description
Metes & bounds description, or
 Lot number (Shortcut. Somewhere a metes &
bounds description is recorded for every lot)
 Every lot number includes words & numbers

Prior Instrument Reference – mandatory
The Volume/Page or Microfiche # “of the Deed
Records of Montgomery County, Ohio”
 This tells how grantor obtained ownership

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Preparation of a Deed
Name of spouse, if waiving dower, with waiver
language
Execution part of the deed






Executed this ___ day of __, 2008
Each grantor’s signature, name typed beneath
Spouse’s signature, if waiving dower rights
Acknowledgment – notary clause
No witnesses now required in Ohio
This deed prepared by (attorney or grantor)
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Deeds
Concluded
Thank you
Mike Brigner
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