OTS 8.1

Prepared by the Real Property Law Section of the Ohio State Bar Association

 

  

8.1 MARKETABLE TITLE ACT

Problem A:

Can a title instrument which otherwise qualifies as a root of title but which results from defective legal proceedings be deemed a proper root of title?

Standard A:

Yes.

Comment A:

It is unnecessary to examine the legal proceedings which form the basis for the title instrument in question.

(Effective November 15, 1969)

Advisory Note:

Certain copies of the Title Standards and the two leading treatises on real property in Ohio have a lengthy commentary either preceding Title Standard 8.1 or following it as an appendix. The commentary is deleted as it is felt that sufficient litigation concerning the Marketable Title Act has defined the law in Ohio. Title Standard and Comment remain unchanged, and examiners are cautioned not to rely on any specific number of years for an examination to be complete.

(Effective November 9, 1991)

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