3.13 CONVEYANCES-DEED FROM STRANGER
Problem A: Is a cloud on the title created by a deed or encumbrance from a stranger to the record title?
Standard A: 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.).
Comment A: 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)