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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 proper 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 said subdivision is recorded.

(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.

(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 which was conveyed or 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 manifest or typographical nature of errors or omission, accepted rules of construction and other considerations should be relied upon to approve marginally sufficient or questionable descriptions.

(Effective as amended and supplemented November 12, 1960; originally effective May 19, 1955)

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