Root of title definition

Root of title means that conveyance or other title transaction or other link in the chain of title of a person, purporting to create the interest claimed by such person, upon which the person relies as a basis for the marketability of the person’s title, and which was the most recent to be recorded or established as of a date forty years prior to the time when marketability is being determined. The effective date of the “root of title” is the date on which it is recorded.
Root of title means any title transaction
Root of title means any title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years before prior to the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded.

Examples of Root of title in a sentence

  • Mr. Hughes commented that in the situations they have encountered to date, Administration and Police work well together, Maintenance not as well.

  • T F A dedication can transfer realty.2. T F Root of title means since the dedication of realty.3. T F A gap in the title of realty could occur because of a person changing their name.

  • So it is at least 40 years Root of title – A root of title is a document or transaction conferring title on a person (i.e. person purporting to be owner of title).


More Definitions of Root of title

Root of title means that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty years prior to the time when marketability is being determined. The effective date of the “root of title” is the date on which it is recorded.’ R.C. 5301.47(E). See Toth, supra, at 338.” (Parallel citation omitted.) Spellman, supra, at ¶17-18.
Root of title means that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty years prior to the time when marketability is being determined.”
Root of title is defined as the “conveyance or other title transaction” in the chain of title that creates the interest being claimed. R.C. 5301.47(E). {¶ 109} “[M]arketable title acts are intended to operate in conjunction with, rather than as a substitute for, the recording statutes.” Spring Lakes, Ltd. v. O.F.M. Co., 00 Xxxx Xx.3d 333, 338, 467 N.E.2d 537 (1984) (Xxxxxx, X., concurring). “[T]he purpose of the recording statutes is to give notice to all persons subsequently acquiring rights or interests in the land.” Xxxxxxxx x. Xxxxxx, 70 Ohio App. 145, 155, 45 N.E.2d 318 (7th Dist.1942). As noted by the Supreme Court of Rhode Island, “[t]he general purpose of land-recording statutes is to provide a public record of transactions affecting title to land.” (Emphasis added.) In re Barnacle, 623 A.2d 445, 447 (R.I.1993). {¶ 110} “It is a well-settled rule of statutory interpretation that statutory provisions be construed together and the Revised Code be read as an interrelated body of law.” State v. Moaning, 76 Ohio St.3d 126, 128, 666 N.E.2d 1115 (1996). Where statutes address the same subject matter, “[they] must be construed in pari materia and harmonized so as to give full effect to the statutes.” State ex rel. Westlake x. Xxxxxxxx, 000 Xxxx Xx.3d 463, 2007-Ohio-375, 860 N.E.2d 1017, ¶ 20. {¶ 111} Because a marketable title requires an easily traceable chain of recorded title, consideration of the recording statutes is necessary. {¶ 112} All the examples in the nonexhaustive list of transactions in R.C. 5301.47(F) have a companion recording statute. After issuance of a certificate of transfer by the probate court, title to real property passing by will or descent is recorded pursuant to R.C. 2113.62. Mortgages are to be recorded in a manner consistent with R.C. 5301.23. In the case of a judgment or decree of court, R.C. 5309.53 provides that no such judgment or decree “shall be a lien upon or affect registered land, or any interest therein” unless it is filed in the office of the county recorder. All the remaining illustrative examples refer to deeds, which are required to be recorded in accord with R.C. 5301.25(A). {¶ 113} “All deeds, land contracts * * * and instruments of writing * * * for the conveyance or encumbrance of lands” are required to be recorded in the office of the county recorder in which the land is situated. R.C. 5301.25(A). Separate from that provision, R.C. 5301.09 requires that “all leases, licenses, and assignments thereof, * * * given or made c...
Root of title means a conveyance or other title transaction, whether or not it is a nullity, in the record chain of title of a person, purporting to create or containing language sufficient to transfer the interest claimed by that person, upon which that person relies as a basis for marketability of title, and which was the most recent to be recorded as of a date 30 years before the time marketability is being determined.
Root of title means that conveyance or other title transaction in the chain of title of a person, purporting
Root of title means that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty years prior to the time when marketability is being determined. The effective date of the ‘root of title’ is the date on which it is recorded.’ R.C. 5301.47(E). See Toth, supra, at 338.” (Parallel citation omitted.) [Ohio Turnpike Comm. v.] Spellman [Outdoor Advertising Servs., LLC, 6th Dist. Erie No. E-09- 038, 2010-Ohio-1705, appeal not allowed, 126 Ohio St.3d 1549], ¶17-18.
Root of title means that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by the person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty