The following information has been provided to us by the Montgomery County Auditor, and was received June 24, 1996. 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.

MONTGOMERY COUNTY ENGINEERS MAP DEPARTMENT
COUNTY ADMINISTRATION BUILDING
THIRD AND ST. MARYS - DAYTON, OHIO 45402

REQUIREMENTS FOR DESCRIPTION OF DEEDS FOR TRANSFER

1. All lots in any municipality or regularly recorded plat need only be designated by the City or Village and present lot number. In areas where consecutive lot numbers are not used, the Plat Book and Page should be used.

2. Any out-lot or part, or divided lot, shall have adequate dimensions or description.

3. Any lot or out-lot referring to an unrecorded plat will be invalid unless plat has been filed with the County Engineer's Map Department.

4. All tracts shall be referenced to some know and established point, such as monumented Section or Quarter Section corner of a Quarter Section line or recorded plat.

5. The tract or farm to be transferred shall have an adequate description. The error of closure being not greater than 1 in 10,000. The terms "in a northerly direction"; "from thence to the place of beginning"; "with the meandering of a river, creek of stream" or "along a road"; is not a definite nor adequate description. The following are examples as to how the above terms should read: "In a northerly direction along the east line of John Doe's acre tract as described in Deed book , Page , feet to ; "In a northerly direction along the centerline of street/road or the east line of Section , or the east right-of-way line street/road feet to "; "with the meanderings of the south bank, or the centerline of river, creek or stream feet to ": From thence in a straight line to the place of beginning. At the beginning or ending of the description an accurate amount of acreage being transferred must be shown. Exceptions to the last requirement will be the division of lots in a recorded plat and the transfer of an existing tract when no acreage was ever given.

6. Links, Rods, Chains, et al should be shown in feet and decimals such as 66.7 chains (4389.0 feet).

7. When adjacent property is mentioned, a recent property owner, Deed Book and Page shall be named and not the owner of a generation ago.

8. When a tract lies in two or more different taxing districts, if available the acreage shall be broken down.

9. When there is an exception to a tract, the exception must be fully described in the deed to be transferred, and comply with all aforementioned requirements. Exceptions are limited to two (2). Existing descriptions with exceptions will be accepted once and the deed will be stamped, "the limit of two (2) exceptions has been used for this tract of land."

10. Reference shall be made in the deed to the preceding transfer giving Volume and Page.

11. The Attorney preparing the deed shall put on his/her "Prepared Statement."

12. The tax mailing address of the Grantee must appear on the deed.

13. Whenever a Survey is made of lands being conveyed, the deed shall bear the name of the surveyor. (Section 5301.25 O.R.C.)

14. All conveyed or retained easements that are to be filed for record must meet the same requirements as deeds. In addition, easements must be located definitely and not cover the entire tract owned unless the easement actually affects the entire tract owned.

15. Certificates of Transfer, affidavits or inheritance and transfers of real estate by Court order shall meet the same requirements as deeds.

Last modified: 6-May-98
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