Should a title be considered unmarketable when it appears from the county records that the grantor died before the deed was filed for record?
Yes, unless waived for lapse of time or unless there is satisfactory proof of delivery before death.
An affidavit of the notary public or the witnesses, if any, of an attorney at law for a party in the transaction, or of other responsible persons who were present at the time of delivery, setting forth specific facts sufficient to confirm the delivery of the deed to the named grantee(s), should be deemed satisfactory proof.
Delivery should be presumed after the deed has been of record for twenty-one years, in the absence of other facts raising a doubt.
See Kniebbe v. Wade, 161 Ohio St. 294, 118 N.E. 2d 833 (1954). The Kniebbe case was decided after the above standard was adopted.
(Effective as amended April 28, 2017; originally effective November 1, 1952; Comment A added November 21, 1964)