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OTS Forward

 

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

 
  
This edition of the Standards of Title Examination reflects changes and recommendations initiated by the Board of Governors and approved by the Council of Delegates through December 31, 1995.

The Standards of Title Examination project was initiated by the Real Property Section when the first draft was presented in June of 1951 and has been a continuous project of the section ever since.

"The primary purpose of Standards of Title Examination is to promote uniformity of practice pertaining to marketability of titles. The only sanction for the Standards is the attitude of the Bar as a whole; their effectiveness depends upon a general observance. Enforcement through legislative action is believed not to be proper; the inflexibility resulting from incorporation in statutes is thought to be inadvisable. We are convinced that these Standards may be confidently relied upon until amendment is required by subsequent statute or judicial decision. An attorney can be justified as reasonably prudent when following the course approved by this association." (November 1952, First Edition, Ohio Standards of Title Examination)

The above excerpt from the introductory Forward to the Title Standards is as relevant today as it was then.

As a living document, the Standards of Title Examination are constantly being reviewed and updated through the efforts of the Board of Governors of the Real Property Law Section. This is not an isolated function, however. There are over 2,100 members of the Real Property Law Section of the Ohio State Bar Association in Ohio. The Title Standards Subcommittee relies on input from its members, other members of the Bar, and the title insurance community. Any user of these Standards of Title Examination are encouraged to submit their proposals for improving the Title Standards to the Title Standards Subcommittee of the Real Property Law Section Board of Governors.

Any Forward to the Ohio Standards of Title Examination would be lacking if it did not include an acknowledgment of the contributions made by the original drafters of the Standards: Thomas J. McDermot (Mansfield), Leon P. Loechler (Columbus), Walter J. Morgan (Cleveland), and Sherman S. Hollander (Cleveland). To the list I add the name of Dwight Shipley (Columbus). A special thanks is in order for the efforts over the years contributed by Robert L. Hausser (Marietta) who was present at the beginning of this process and continues to serve and contribute today on the subcommittee and the board.

The contributions of these men to the practice of real property law in Ohio is significant. The important work that these men initiated and promoted is continued to this day, with your help, by the Real Property Law Section Board of Governors of the Ohio State Bar Association.

  Alan B. Schaeffer
Chair, Board of Governors
OSBA Real Property Law Section
November 1995

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