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OTS 3.7

3.7 CONVEYANCES-DATES: OMISSIONS AND INCONSISTENCIES

Problem A:

Shall errors or omissions in the dates of a conveyance or other instrument affecting title, in themselves, impair marketability?

Standard A:

No.

Comment A:

Even if the date of execution is of peculiar significance an undated instrument will be presumed to have been timely executed if the dates of acknowledgment and recordation, and other circumstances of record, support that presumption.

Inconsistencies in recitals or indications of dates, as between dates of execution, attestation, acknowledgment or recordation, do not, in themselves, impair marketability. Absent a peculiar significance of one of the dates, a proper sequence of formalities will be presumed notwithstanding such inconsistencies.

(Effective as amended and supplemented November 12, 1960; originally effective November 1, 1952)

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