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OTS 2.3

2.3 EXAMINATION-FORM

Problem A:

What should a report on title contain?

Standard A:

The certificate or opinion should include:

(1) The period of time of the examination.

(2) That the opinion is based on an abstract of title or is based on an examination of the public records of _________________ County, Ohio, as disclosed by the public indexes relating to the premises.

(3) That the opinion or certificate does not purport to cover the following: (a) Matters not of record, (b) Rights of persons in possession, (c) Questions which a correct survey or inspection of the premises would disclose, (d) Rights to file mechanics' liens, (e) Special taxes and assessments not shown by the county treasurer's records, (f) Zoning and other governmental regulations, (g) Liens asserted by the United States and State of Ohio, their agencies and officers under the Ohio Solid and Hazardous Waste and Disposal Act [R.C. §§ 3734.21 and 3734.22] and Federal Super Fund Amendments, and under Racketeering Influence and Corrupt Organization acts and receivership liens, unless the lien is filed in the public records of the County in which the property is located.

(4) An opinion or certification that the ___________ title is vested in ___________ by instrument of record, recorded __________ Records, Volume, ______, Page _____.

(5) That the title is marketable and free from encumbrances except those matters set forth.

(6) Clear and concise language setting forth the defects and encumbrances.

The following basic form is suggested:

The undersigned hereby certifies that he has made a thorough examination of the records of __________________ County, Ohio, as disclosed by the public indexes in accordance with the Ohio Marketable Title Act, relating to premises hereinafter described at Item 1.

This certificate does not purport to cover matters not of record in said County, including rights of persons in possession, questions which a correct survey or inspection would disclose, rights to file mechanics' liens, special taxes and assessments not shown by the county treasurer's records, or zoning and other governmental regulations or liens asserted by the United States or State of Ohio, their agencies and officers under the Ohio Solid Hazardous Waste Disposal Act, Federal Superfund Amendments, and under Racketeering Influence and Corrupt Organization Acts and Receivership Liens, unless the lien is filed in the public records of the county in which the property is located.

The undersigned further certifies that, in his opinion based upon said records, the fee simple title to said premises is vested in __________, by a __________ from __________, dated _________, filed for record _________ at _________ M., and recorded in volume ______ page _____ of the deed records; and that, as appears from said records, the title is marketable and free from encumbrances except and subject to the matters set forth herein at Item 2 to ______ inclusive.

Dated at __________, Ohio the ______ day of __________, 19 ______

  ____________________________________
Attorney at Law

(Effective as amended November 14, 1992; originally amended May 8, 1969; originally effective November 1, 1952)

[NOTE: The 1969 amendment by OSBA substituted the words "in accordance with the Ohio Marketable Title Act" for "covering the period from ________________, 19____ to the date hereof" in the above paragraph. However, although not formally adopted by OSBA, the phrase "since __________," should be inserted before "as disclosed by" according to a memorandum in the Ohio Bar of July 30, 1979.]

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Headquarters:

1700 Lake Shore Drive
Columbus, Ohio 43204

Phone:

(800) 282-6556


Email:

OSBA@Ohiobar.org

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