The following information has been provided to us by the Lawrence County Auditor, and became effective May 5, 1997. You are cautioned not to rely upon the following information without having your attorney review your instrument of conveyance and contact the Auditor to determine the current standards.

The following information is provided as a service to real estate professionals in Ohio by Thompson Hine LLP.

PROPOSED STANDARDS

STANDARDS GOVERNING CONVEYANCES OF REAL PROPERTY
IN LAWRENCE COUNTY, OHIO.

Adopted April 9, 1997, by County Auditor and County Engineer.

These standards are adopted in accordance with amended substitute Senate Bill 158 and are in addition to other requirements already in effect for all deeds. These standards represent the most current revision to the conveyance standards first adopted by Lawrence County in March 1987.

ARTICLE I - REQUIREMENTS FOR DESCRIPTIONS.

1. All descriptions shall reference the U.S. Public Lands Range, Town, and Section of the description and the political township or municipal corporation. Recorded subdivision name and lot number(s) shall be given whenever applicable.

2. The Auditor's permanent tax parcel numbers of each tract (or the parent tract) and the acreage corresponding to each tax parcel shall be given including the total acreage to be transferred.

3. The legal description of the tract(s) to be transferred shall be included. A description of "adjoiners" only, or by parcel numbers only, or by referencing a last source of title only does not contain adequate technical wording in itself to permit a definite property location and is not acceptable, even for descriptions already of record.

4. Author of the description including the Ohio registration number if a registered surveyor must be given. A description can only be prepared either by the property owner himself or else by a registered Ohio surveyor.

5. Descriptions in land contracts must be presented for approval to avoid potential problems when the contract is satisfied and a deed is made.

6. Certificates of transfer must be submitted for approval of the description.

Section B.
Requirements Applicable to Descriptions Previously of Record.

1. Descriptions previously of record will be approved provided that the tax parcel numbers and acreages transferred are all in agreement. If the acreage cannot be verified, a new survey may be required before transfer.

2. Errors in an existing description are subject to correction where revealed by reference to prior sources of title or where the correction may otherwise be clearly and logically determined.

3. A "remainder" out of tract will be considered as a description previously of record and may be transferred by listing the exceptions provided the following conditions are met:
   1. The entire remainder must be transferred. If only part of the remainder is to be transferred, a survey will be required.

   2. The acreage of the remainder to be transferred must be able to be resolved by subtracting the acreages of all the exceptions from the parent tract acreage. If the acreage cannot be resolved, a survey will be required.

      The exceptions themselves may be listed by referencing the source of title of each exception, the acreage excepted, and the corresponding Auditors tax parcel number.

Section C.
Requirements for Descriptions Never Previously Recorded

1. Descriptions not previously of record must comply with the requirements of the most current revision of the "Minimum Standards for Boundary Surveys in the State of Ohio" or the "Minimum Standards for Mortgage Location Surveys in the State of Ohio" as applicable, Ohio Administrative Code 4733-37 and 4733-38. (Copies are available from Engineer or the Ohio Board of Registration for Engineers and Surveyors in Columbus, Ohio.

2. These standards require among other things that the survey be referenced to the U.S. Public Lands section lines or corners or to a clearly identifiable road intersection or control station and that the description mathematically close within required limits. Descriptions that do not comply will not be approved until corrected.

3. Amended Substitute S.B. 158 requires that a copy of the description and plat of the survey must be filed with the Engineer and will subsequently be included in the Engineers survey records. A separate copy of the plat and description must be provided to the Engineer before a transfer can be made.

4. A parcel "split" out of a parent tract requires a new description in accordance with this Section C unless it qualifies as a remainder as previously described in Section B. Resurveys of existing tracts are also new descriptions and must meet these requirements of Section C if the resurvey is used for the transfer description. Subdivisions of land into individual lots must be checked under this section before initial recording of the subdivision plat.

5. For parcels that are new splits, the deed must be accompanied by an "Agreed Valuation Division Form" for use by the Auditor's office.

6. For splits of subdivision lots, a copy of the plat required for filing in the Engineer's Survey Records must also be submitted to the Auditor's office.

7. If a resurvey reveals a change in the acreage, a "surveyor's certificate" must be submitted to the Auditor to correct the acreage on the Auditor's tax records, along with a copy of the plat of the resurvey filed with the Engineer. Once the acreage has been corrected, the new description must be used for the next transfer showing the correct acreage.

8. In accordance with the "Minimum Standards" Ohio Administrative Code 4733-37-06(C), descriptions other than "metes and bounds" are acceptable as long as they include "sufficient and adequate legal and technical wording so that the property can be definitely located and defined." Numbered lots in recorded subdivisions and recognized subdivisions of the U.S. Public Lands Surveys are examples of acceptable alternative descriptions. As mentioned in Section A of these standards, descriptions by adjoiners only, or tax parcel numbers only are not acceptable.

ARTICLE II - TRANSFER PROCEDURES

1. The Engineer's office will check descriptions in the order they are received in the Engineer's office. Pending transfers hand delivered either in person or by mail will take precedence over preapprovals or fax transmissions. The Engineer will endeavor to perform all checks in a timely manner.

2. Descriptions may be submitted for preapproval. Preapprovals are encouraged to resolve questions before the transfer is to take place. The preapproved description and check sheets must be resubmitted at the time of transfer with the actual deed.

3. No transfers are made after 3:00 P.M., but the Engineer's office will continue to check descriptions after 3:00 P.M. as time allows.

4. The Engineer's office can take approved descriptions and any accompanying documents to the Auditor's office or hold them for pick up if preferred. All attachments including any fees must be securely attached to the deed itself if left with the deed. The Engineer's responsibility is to check the descriptions and the office cannot assume responsibility for transfer or recording fees or other documents if left with the deed. If this is a concern, accompanying documents and fees should not be left with the deed.

5. The plat required must be at a scale suitable to fit on either 8-1/2" x 11" or 8-1/2" x 14" or 11" x 17" size sheets for filing in the survey records in the Engineers office. A single plat may be used with several descriptions as long as all required information for each description is shown and all descriptions are recorded at the same time. For instance, several road easements could be shown on a single plat of the road centerline.

6. For deeds left with the Engineer, a cover sheet must be completed listing a name and phone number to be contacted in the event of questions or problems and the name and mailing address where the Recorder is to return the deed after recording is completed.

   The Engineer's office will make reasonable efforts to promptly contact the name listed for any deed not complying with these standards and will then hold the deed in the Engineer's office until needed corrections are made or other instructions are received. The parties to the deed are responsible themselves for compliance with these standards and for completing the transfer and recording procedures.

7. No additional fees will be required at this time.

Last modified: 8-June-98
Comments to: Info@ThompsonHine.com