Best Conveyancing Lawyers in Columbus

About Conveyancing Law in Columbus, United States

Conveyancing is the legal process of transferring ownership of real property from one party to another. In Columbus, Ohio, conveyancing covers the steps from signing a purchase agreement through title search, preparation and delivery of the deed, closing, and recording the new ownership with the county. The process ensures the buyer receives marketable title, that all liens and encumbrances are identified and addressed, and that the transaction complies with state and local requirements.

This guide provides plain-language information about how conveyancing typically works in Columbus, what local rules to expect, when you may need a lawyer, and practical next steps. It is for informational purposes and not a substitute for legal advice. For questions specific to your situation, consult a licensed attorney in Ohio.

Why You May Need a Lawyer

Conveyancing often involves routine tasks that title companies and real estate agents can handle, but there are many situations where hiring an attorney protects your interests or is strongly advisable. Common reasons include:

- Title problems or unresolved liens - when previous mortgages, tax liens, judgments, mechanic liens, or other claims appear in the title search.

- Boundary or survey disputes - when the property lines are unclear, or neighbors contest boundaries and easements.

- Complex ownership histories - for transactions involving estate sales, probate, trusts, partnership or corporate ownership, or properties sold through foreclosure or auction.

- Commercial transactions - commercial conveyancing has additional regulatory, zoning, and due-diligence issues that often require legal counsel.

- Unusual deed types or restrictions - when deeds contain special warranty language, restrictive covenants, or long-standing easements and rights-of-way.

- Contingency resolution or contract disputes - when financing falls through, inspection objections arise, or a seller and buyer disagree about repairs or closing credits.

- Short sales, REO sales, or lender-mediated transactions - these can involve extra documentation and lender approvals.

- Ensuring compliance with legal formalities - such as proper deed wording, notary and witnessing requirements, and correct recording to avoid future challenges.

Local Laws Overview

Columbus is in Franklin County, Ohio, and conveyancing there follows Ohio state law combined with county and municipal procedures. Key local legal aspects to understand include:

- Written deeds and signatures - Ohio follows the Statute of Frauds requirement that transfers of real property be in writing and properly signed. Deeds typically require the grantor's signature and a notarized acknowledgement to be recorded.

- Recording with the County Recorder - Deeds, mortgage releases, and other title documents must be recorded with the Franklin County Recorder to provide public notice. Recording establishes priority among competing claims.

- Title search and marketable title - Before closing, a title search checks for mortgages, liens, easements, unpaid taxes, and other encumbrances. Buyers commonly obtain title insurance to protect against defects not revealed by the search.

- Seller disclosure obligations - Ohio sellers generally must provide a residential property disclosure form describing known material defects, with certain exemptions. Federal disclosures, such as lead-based paint disclosure for properties built before 1978, also apply.

- Property taxes and prorations - Property taxes are assessed and collected locally. At closing, taxes and other recurring charges are typically prorated between buyer and seller according to the contract.

- Local zoning and building requirements - Columbus municipal codes and zoning regulations affect permitted uses, setbacks, permits, and occupancy. Buyers should verify zoning compliance, especially for commercial or redevelopment projects.

- Homeowners associations - If the property is in an HOA, association rules, dues, and assessments transfer with the property. Review HOA documents and estoppel certificates where applicable.

- Special programs and fees - Local fees, recording costs, and any municipal transfer fees vary by county and city. Check Franklin County and City of Columbus offices for current schedules of fees and any special local requirements.

- Foreclosures and quiet-title actions - Ohio has specific procedures for foreclosures, judicial and non-judicial processes, and for quiet-title litigation where title defects need to be resolved by court.

Frequently Asked Questions

What exactly does a title search look for?

A title search examines the public records to identify prior deeds, mortgages, liens, judgments, tax delinquencies, easements, covenants, and other recorded matters that could affect ownership. The goal is to identify issues that must be cleared before the buyer receives clear title.

What is title insurance and do I need it?

Title insurance protects the buyer and lender from certain title defects, undiscovered liens, or problems that were not identified in the public record search. A lender typically requires lender's title insurance. A buyer should strongly consider owner's title insurance to shield against future losses related to title defects.

How long does the conveyancing process usually take in Columbus?

Timing varies based on the property and transaction complexity. A typical residential closing may take 30 to 45 days from contract to closing if financing, inspections, and title are straightforward. Complicated situations, short sales, or transactions involving probate or litigation can take much longer.

Can I close without an attorney?

Yes, many residential transactions close without a hired attorney, using title companies, escrow agents, or real estate agents to coordinate. However, for complex issues, commercial purchases, title disputes, or when legal rights are in question, hiring an attorney is recommended.

What types of deeds are commonly used in Ohio?

Common deed types include general warranty deeds, special warranty deeds, and quitclaim deeds. A general warranty deed offers the strongest protections from the seller, while a quitclaim deed conveys whatever interest the seller has without warranties. The deed type affects the buyer's protections.

Who pays closing costs and transfer fees?

Who pays closing costs is negotiable and usually described in the purchase agreement. Typical costs include title insurance, recording fees, prorated taxes, escrow fees, and lender fees. Any local transfer tax or conveyance fee depends on county or city rules and is negotiated or governed by local law.

What happens if a lien is discovered during the title search?

If a lien is found, it must generally be paid or otherwise resolved before or at closing so the buyer receives clear title. Resolution methods include payoff from seller proceeds, negotiation for lien releases, or escrow arrangements. An attorney or title company can explain options and negotiate payoffs.

Do I need a survey of the property?

A current boundary survey is often recommended to confirm property lines, identify encroachments, easements, or improvements that may not match public records. Lenders sometimes require a survey for financing, and buyers should consider one if boundaries or improvements are in question.

How are property taxes handled at closing?

Property taxes are typically prorated between buyer and seller based on the closing date and the tax year. The buyer may need to reimburse the seller for the portion of taxes already paid, or the seller may credit the buyer if taxes are unpaid. The county auditor and tax office provide the assessed value and tax amounts used for proration.

What should I do if defects appear after closing?

If a title defect or other covered problem arises after closing, promptly notify your title insurer if you have owner's title insurance. If you believe the seller breached the contract or failed to disclose a material defect, consult a real estate attorney quickly to evaluate possible remedies, which may include negotiation, mediation, or litigation.

Additional Resources

Useful local and state resources to consult during a conveyancing matter include:

- Franklin County Recorder - for recording procedures and fees.

- Franklin County Auditor - for property tax records and assessed values.

- City of Columbus Department of Building and Zoning - for zoning, permits, and code compliance issues.

- Ohio Division of Real Estate and Professional Licensing - for information on real estate licensees and regulations.

- Ohio State Bar Association and local bar associations - for lawyer referral services and legal ethics information.

- Federal agencies for specific federal requirements - for example, federal lead-based paint disclosure rules for older homes.

- Local title companies and real estate closing agents - for services related to title searches and closings.

Next Steps

If you need legal assistance with conveyancing in Columbus, consider these practical steps:

- Gather key documents - contract, seller disclosures, prior deed, tax information, mortgage statement, HOA documents if applicable, and any surveys or inspections.

- Decide who will coordinate closing - a title company, escrow agent, or an attorney. For complex issues, consult an attorney early in the process.

- Get pre-approved for a mortgage if financing the purchase - this helps identify timing and lender requirements that can affect closing.

- Order a title search and review preliminary title report for liens, easements, and exceptions. Discuss any concerns with the title agent or attorney.

- Schedule inspections and, if needed, a current survey. Use inspection results to negotiate repairs or credits before closing.

- Ask a prospective attorney about experience with Ohio conveyancing, fee structure, estimated timeline, and whether they will attend closing or provide post-closing services. Request a written engagement letter outlining services and costs.

- Confirm closing logistics - location, required identification, funds needed for closing, and who will record documents after closing.

- Keep copies of all closing documents and the recorded deed. Review your title insurance policy and understand any exceptions or exclusions.

If you encounter title defects, undisclosed problems, or contractual disputes during or after conveyancing, contact an experienced real estate attorney in Columbus to discuss your options and possible remedies.