Find the right Ohio real estate form

Ohio real estate conveyances are governed primarily by Chapters 5301 and 5302 of the Ohio Revised Code. Ohio provides statutory deed forms that are sufficient for the transfer of real property or interests therein (R.C. 5302). These statutory forms may be modified as needed, and use of alternative forms is permitted.

By statute, a conveyance of real estate includes all rights, privileges, easements, and appurtenances belonging to the granted estate unless the deed states otherwise (R.C. 5302.04). Common deed types in Ohio include warranty deeds, limited warranty deeds, and quitclaim deeds, with or without survivorship language.

Ownership and Alien Reporting

Individuals, tenants in common, and business entities may acquire and convey real property in Ohio, provided they have legal capacity to hold title. Resident aliens may hold and enjoy real property in the same manner as citizens (R.C. 2105.16).

Non-resident aliens who acquire more than three acres of real estate or property with a market value exceeding $100,000 must file a report with the Ohio Secretary of State within thirty days of acquisition (R.C. 5301.254). The form and reporting requirements are defined by statute.

Execution and Acknowledgment

A deed must be signed by the grantor and acknowledged before a judge or clerk of a court of record, county auditor, county engineer, notary public, mayor, or other authorized official (R.C. 5301.01). The officer must certify the acknowledgment.

If executed outside Ohio, a deed is valid for recording if acknowledged in accordance with the laws of the state where executed (R.C. 5301.06). No witnesses are required for deeds executed on or after February 1, 2002.

Recording and Priority

Deeds must be recorded in the office of the county recorder in the county where the property is located.

Ohio follows a race-notice recording statute. An unrecorded deed is fraudulent as to a subsequent bona fide purchaser who acquires the property without knowledge of the prior unrecorded instrument (R.C. 5301.25). Recording provides constructive notice and protects the grantee’s priority against later purchasers and creditors.

Because Ohio provides statutory deed forms, includes automatic appurtenance language, and ties priority to both recording and lack of notice, careful execution and prompt recording with the county recorder are essential to protect ownership rights.