Just The Facts, Ma'am: Ohio's Affidavit of Facts Relating to Title

Ohio law permits anyone knowledgeable about facts which may affect the title to property to record an Affidavit of Facts Relating to Title with the county recorder.  This affidavit serves as evidence of facts and matters that have a bearing on title to the property.

The statute allows the affiant to state facts about a wide variety of matters, such as birth and death, the identity of parties, possession of the property, the location of physical features such as fences or streams and, most broadly, “[t]he happening of any condition or event that may create or terminate an estate or interest” in the property.

At its core, an Affidavit of Facts Relating to Title warns potential purchasers that another party may have an interest in the real estate. As a result, it serves as another reminder that before purchasing property, you should conduct a comprehensive title search to ensure that you will receive clean title to the real estate.

A version of this post was originally published by Mallory Law Office, LLC.