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OTS 2.2

2.2 EXAMINATION-PERIOD
(Suspended October 27, 1986)

Problem A:

What period of time should be required as the basis for an opinion of title?

Standard A:

A period of examination made pursuant to the Ohio Marketable Title Act, R.C. ยง5301.47, et seq., shall be sufficient. [Above Standard 2.2 suspended by the Council of Delegates, Ohio State Bar Association, effective November 15, 1986.] (Ohio State Bar Association Report, Vol. 59, No. 48, Section One, December 15, 1986, p. 1968.) The Council authorized the following Comment in lieu of the Standard: "There is nothing in the Ohio Marketable Title Act that entitles a title examiner to rely upon a simple forty year search period. He or she must be aware of the several exemptions in the Act that are not barred by the mere passage of 40 years. [Also, see Heifler v. Bradford, 4 O.S. 3d 49, 446 N.E. 2d 440 (1983)]

[The Governors of the Real Property Section, Ohio State Bar Association, issued the following observation in its Report of the Real Property Section (Ohio State Bar Association Report, Vol. 59, No. 41, October 27, 1986, p. 1668):

"This standard is commonly misread by title examiners. In fact the Marketable Title Act does not present any length of time for a search period. Since the Marketable Act does have several provisions which become operative over a period of 40 years, however, it has been commonly misconstrued as providing for such a search period. This misconstruction has caused the Standard to be more misleading than helpful, and its suspension, while seeking to develop a more accurate standard for this purpose, is recommended."]

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