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OTS 3.5

3.5 CONVEYANCES-PARTNERSHIP

Problem A:

What should be required to show the authority of partners to execute conveyances in behalf of the partnership?

Standard A:

A conveyance from a partnership holding the title is sufficient if it recites that the partners executing it are all the partners, in the absence of information to the contrary. When it does not appear that all the partners executed the conveyance, satisfactory evidence of authority should be required.

Authority of the partner or partners executing the conveyance should be presumed after it has been of record for five years.

Problem B:

Should an objection be made to the title because a deed to a partnership does not disclose that the grantee is a partnership?

Standard B:

No, but if the partnership name does not contain the names of all of the partners, a fictitious name certificate must be filed in any county where the partnership owns real property. (Revised Code Section 1777.02)

(Effective November 1, 1952; Standard B amended 10/27/86; effective 11/15/86)

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