OTS 2.1

Prepared by the Real Property Law Section of the Ohio State Bar Association
 

  

2.1 EXAMINATION-DISCOVERING DEFECT IN TITLE PREVIOUSLY EXAMINED BY ANOTHER


Problem A:

When an attorney examines a title that is believed to be unmarketable or brings into question whether there is a marketable record title, what steps should be taken if the attorney has knowledge that the same title has been examined by another attorney, and the examining attorney has not objected to the defect?

 

Should the attorney communicate with the other attorney?

 

Standard A:

Yes, if practicable, it is recommended that the Attorney should communicate with the previous examiner, explain the matter objected to and an opportunity should be afforded for discussion, explanation, and correction.  The attorney contacted should cooperate fully and promptly in investigating his/her records and taking whatever steps are necessary to explain and/or correct the title defect complained of. 

 

(Effective as amended April 28, 2017, originally effective November 1, 1952)


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