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.
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Root of title means any title transaction
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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.
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Examples of Root of title in a sentence

  • 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.

  • Exceptions to application of act - Stray instruments - Root of title - Severed mineral interests.‌ A.

  • 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.
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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
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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.
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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.
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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...
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Root of title means that conveyance or other title transaction in the chain of title of a person, purporting
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Related to Root of title

  • Document of title means a record that in the regular course of business or financing is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, control, hold, and dispose of the record and the goods the record covers and that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and order for delivery of goods. "Electronic document of title" means a document of title evidenced by a record consisting of information stored in an electronic medium. "Tangible document of title" means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium.

  • Certificate of title means, with respect to any Financed Vehicle, the certificate of title or other documentary evidence of ownership of such Financed Vehicle as issued by the department, agency or official of the jurisdiction (whether in paper or electronic form) in which such Financed Vehicle is titled responsible for accepting applications for, and maintaining records regarding, certificates of title and liens thereon.

  • Investment Property the collective reference to (i) all “investment property” as such term is defined in Section 9-102(a)(49) of the New York UCC (other than any Foreign Subsidiary Voting Stock excluded from the definition of “Pledged Stock”) and (ii) whether or not constituting “investment property” as so defined, all Pledged Notes and all Pledged Stock.

  • Goods means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract.

  • Leased Equipment means the equipment which may include but not limited to modem provided by TM on lease basis to enable usage of the Service by the Customer, as may be decided by TM from time to time at its sole discretion.

  • General Intangibles is all “general intangibles” as defined in the Code in effect on the date hereof with such additions to such term as may hereafter be made, and includes without limitation, all Intellectual Property, claims, income and other tax refunds, security and other deposits, payment intangibles, contract rights, options to purchase or sell real or personal property, rights in all litigation presently or hereafter pending (whether in contract, tort or otherwise), insurance policies (including without limitation key man, property damage, and business interruption insurance), payments of insurance and rights to payment of any kind.

  • Chattel Paper means chattel paper (as that term is defined in the Code), and includes tangible chattel paper and electronic chattel paper.

  • Merchandise means any personal property offered or sold for use in connection with the funeral, final disposition, memorialization, or interment of human remains, but which is exclusive of interment rights.

  • Vehicles means all railcars, cars, trucks, trailers, construction and earth moving equipment and other vehicles covered by a certificate of title law of any state and all tires and other appurtenances to any of the foregoing.

  • Inventory is all “inventory” as defined in the Code in effect on the date hereof with such additions to such term as may hereafter be made, and includes without limitation all merchandise, raw materials, parts, supplies, packing and shipping materials, work in process and finished products, including without limitation such inventory as is temporarily out of Borrower’s custody or possession or in transit and including any returned goods and any documents of title representing any of the above.