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OTS 3.13


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)

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