A limited warranty deed is a real estate deed in writing that can be used in Ohio to convey title to real property for both residential and commercial transactions. The grantor in a limited warranty deed covenants to the grantee that at the time of delivery of the deed, the premises were free from all encumbrances made by the grantor, and that the grantor warrants and will defend the same to the grantee against the lawful claims and demands of all persons claiming by, through, or under the grantor, but against none other. The statutory form for a limited warranty deed is offered in section 5302.07 of the Ohio Revised Code. This form is sufficient for a conveyance of real property with limited warranty; however, the use of the statutory form is not mandatory.

A limited warranty deed must be signed and acknowledged by the grantor in order to be presented for recordation. The signing should be acknowledged before a judge or clerk of a court of record in Ohio, a county auditor, county engineer, notary public, or mayor. The official taking acknowledgments should also certify such acknowledgments and subscribe their name to the certificate of acknowledgment (5301.01). All limited warranty deeds that have been executed and acknowledged or proved in another state in conformity with the laws of such state or in conformity with Ohio laws are as valid as if executed and acknowledged within Ohio (5301.06). A Statement of Value and Receipt or a Statement of Reason from Exemption from the real property conveyance fee must accompany the limited warranty deed presented for recording.

A limited warranty deed must be recorded in the county clerk's office in the county where the land is located in order to provide constructive notice of the contents of the instrument. Until the deed is properly recorded, it will be fraudulent insofar as it relates to a subsequent bona fide purchaser having, at the time of purchase, no knowledge of the existence of the former deed (5301.25).

(Ohio Special Warranty Deed Package includes form, guidelines, and completed example)

Back to Ohio