3.13 CONVEYANCES-DEED FROM STRANGER
Is a cloud on the title created by a deed or encumbrance from a stranger to the record title?
A stray deed or other interloping instrument does not create a cloud on the title unless its recitals or other known circumstances are sufficient to put a purchaser on inquiry. Other known circumstances should include the passage of time and consideration of the Ohio Marketable Title Act (R.C. Sec. 5301.47 et seq.).
The examiner must consider the possible application of the Ohio Marketable Title Act (R.C. Sec. 5301.47 et seq), under which a stray deed can become the "root of title" to a competing chain of record title that is superior to the chain of transactions being searched.
(Effective as amended May 15, 1991; originally effective May 19, 1955)
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