OTS 3.2

3.2 CONVEYANCES-DESCRIPTIONS

Problem A:


Should an objection to the title be raised because one or more deeds in the chain of title contains an error with respect to the reference to the correct plat book and plat book page of platted land?


Standard A:


If the deed refers to a subdivision by an exclusive descriptive name, an objection should not be raised because of an error in the reference to the plat book and the plat book page where that subdivision is recorded.


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


Problem B:


Should objection be made on account of minor typographical errors, irregularities or deficiencies in a description of land?


Standard B:


Such an objection should not be made when a subsequent conveyance contains a correct description, or when the minor error, irregularity or deficiency is explained by a person with personal knowledge in a suitable affidavit of facts related to title  pursuant to Revised Code Section 5301.252 (B)(4) or (5).


(Effective as amended April 28, 2017; originally effective May 19, 1955)


Comment B:


Errors, irregularities and deficiencies in property descriptions in the chain of title do not impair marketability unless, after all circumstances of record are taken into account, a substantial uncertainty exists as to the land that was intended to be conveyed, or the description falls beneath the minimal requirement of sufficiency and definiteness which is essential to an effective conveyance.  Lapse of time, subsequent conveyances, the obvious or typographical nature of errors or omissions, accepted rules of construction and other considerations should be relied upon to approve descriptions that are sufficient to place the world on notice of the precise real property that was intended to be conveyed.


(Effective as amended April 28, 2017; as amended and supplemented November 1960; originally effective May 19, 1955)


Problem C:


If multiple descriptions are provided in a deed, such as a street address, parcel number, and legal description, then which description is controlling?


Standard C:


Legal description.


(Originally effective April 28, 2017)

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