1. Deeds - PAR 131 Real Estate I Mike Brigner, J.D.

2. 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)

3. Basic Deed Requirements
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
Deed
My Red House
To Sue Grantee
Signed,
Myrtle Grantor

4. Basic Deed Requirements
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
Deed
My Red House
To Sue Grantee
Signed,
Myrtle Grantor

5. Basic Deed Requirements
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:
Deed
My Red House
To Sue Grantee
Signed,
Myrtle Grantor

6. Basic Deed Requirements
Signed by the grantor
Signature notarized
Witnessed - TWO witnesses required until Now, NO witnesses required.
Delivery by grantor
Acceptance by grantee
Deed
My Red House
To Sue Grantee
Signed,
Myrtle Grantor

7. 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

8. What Warranties Given by Grantor?
General Warranties
Limited Warranties
Fiduciary Warranties
No Warranties (Quitclaim) L F Q

9. 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)

10. L F G Basic types of deeds
Each type has its own section of Ohio Revised Code, giving exact deed language required

11. J&S Q Basic types of deeds
Each type has its own section of Ohio Revised Code, giving exact deed language required

12. General Warranty Deed G Grantor covenants against all claims
Covenant = a promise that a fact is true or that an event will take place
R.C defines general warranty deed
R.C defines covenants

13. Covenants in General Warranty Deed
Deeds - PAR 131
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
1. covenant of seisin: means the right to possession
a. grantor warrants that he has possession of the land being transferred
b. grantor warrants that he has ownership
c. from 1066 England: seller and purchaser would gather on the land in the
presence of witnesses and the purchaser would "seize" the land
2. covenant of right to convey - promise made by the seller that he owns the land
and has a right to transfer an interest by another in the land would be
a breach of this covenant
3. covenant against encumbrances - promise that the land is
unencumbered: free of mortgages, liens, taxes
4. covenant of further assurances - grantor promises that in the future if he finds
he has less than a fee simple absolute which he intends to transfer, he will do
whatever is necessary to remove any conditions if he only has a conditional fee
5. covenants of quiet enjoyment and warranty - warranty that the grantee will be
able to quietly enjoy the land without fear of eviction or third party interference
Mike Brigner, J.D.

14. Limited Warranty Deed L
Deeds - PAR 131
Limited Warranty Deed L
Grantor covenants only against the lawful claims of people claiming by, through or under the grantor
R.C Limited warranty deed
R.C Limited covenants
Mike Brigner, J.D.

15. 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

16. Deeds - PAR 131
Fiduciary Deed F
Used when executor, administrator, trustee, guardian, or other fiduciary transfers real property
R.C Fiduciary Deed
R.C Fiduciary Covenants
Mike Brigner, J.D.

17. 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

18. Quitclaim deed Q
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 Quitclaim Deed Form

19. Joint & Survivorship Deed
Deeds - PAR 131
Joint & Survivorship Deed
J&S
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 Survivorship deed form
Mike Brigner, J.D.

20. Joint & Survivorship Deed
Deeds - PAR 131
Joint & Survivorship Deed
J&S
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
Mike Brigner, J.D.

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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)

27. Concluded Thank you Mike Brigner
Deeds
Concluded Thank you
Mike Brigner