A Real Estate Deed is the document that physically transfers the property from the Grantor (Seller) to the Grantee (Buyer). The type of Deed you use to take title to your property can affect the warranties and future transfers of the property. Below is a description of the different types of property Deeds that are used in the state of Ohio.
General Warranty Deed
This is the most frequently used deed in Ohio. When purchasing a new property, a General Warranty Deed is commonly used to transfer the property interest from Seller (Grantor) to Buyer (Grantee). It is the conveyance of real estate by Grantor in fee simple to Grantee, its heirs, assignees or successors. Grantor warrants and defends the Grantee, his/her heirs, assignees/successors against the lawful claims and/or demands of others. In other words, a General Warranty Deed promises complete, unencumbered title. The Deeds promises that Grantor (Seller) will protect Grantee (Buyer) against any claims against the title-stemming from any point in time, not just time Grantor owned the property.
Limited Warranty Deed
Grantor (Seller) only warrants title to Grantee (Buyer) during the time period that it held title. Grantor is not responsible for matters previous to Grantors acquisition. This type of deed is commonly used in commercial transactions between corporations and/or other business entities. Title insurance will further protect Grantee from not only the time period of Grantors ownership interest but prior to said time period.
Joint & Survivorship Deed
Frequently used when two or more individuals are Buyers. Provides that if one of the new owners dies, the other owner(s) will automatically become the owner of the decedent’s interest – completely outside of Probate court proceedings. Provisions of Survivorship Deed may be combined with any other type of deed. This form of Deed is most commonly used in deeds granted to married couples (although it can be used in any case where two or more people are receiving title).
Conveyance of real property made by an Executor, Administrator, Guardian, Trustee, etc. to the grantee. Fiduciary deed states that the grantor has the legal authority to transfer the property in their respective capacity. A Fiduciary Deed does not make any promises that the title is unencumbered with claims; it only promises that the Grantor has the right to transfer the property.
Quit Claim Deed
Conveyance of real estate in fee simple of whatever interest the Grantee owns. Grantee assumes real estate “as is” and no warranties are expressed nor implied. A Quit Claim Deed provides no defense against claims against the title. Most commonly used in intra-family transfers. Note Worthy: "Sheriff’s Deeds” are technically Quit Claim Deeds.
Transfer on Death Designation Affidavit
A document commonly used in conjunction with a Deed, but not a Deed itself, is a Transfer on Death Designation Affidavit (TOD Affidavit). A Transfer on Death Designatin Affidavit allows you to dictate who is to recieve the property upon your death. In order to be effective, a TOD Affidavit must be recorded prior to the death of the owner. Throughout the life of the owner, the beneficiaries on the TOD Affidavit can be changed, added, and/0r deleted without the beneficiaries authorization. What makes a TOD Affidavit different from simply stating your wishes in a Last Will and Testament is the fact that a TOD Affidavit allows the transfer of property directly to the Beneficiaries upon proper recordation of a certified death certification and thus avoids Probate.