The following information has been provided to us by the Vinton County Auditor, and was received November 1, 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.

REQUIREMENTS FOR RECORDED DEED DESCRIPTIONS TRANSFERRING FOR VINTON COUNTY, OHIO

The Vinton County Board of Commissioners adopted on December 8, 1986, by resolution, minimum standards intended to be the basis relating to the establishment or retracement of property boundaries in Vinton County, Ohio. They adopted the "MINIMUM STANDARDS FOR BOUNDARY SURVEYS IN THE STATE OF OHIO", Revised Code Chapter 4733-37, effective May 1, 1980.

To be in compliance with the Amended Substitute S.B. No. 158 as signed by the Governor, and effective May 9, 1996, the check lists for deed descriptions and for survey descriptions and plats have been modified.

It is the desire of the county to provide a service for the public to insure proper and accurate descriptions of property, to correct any errors that are evident and to insure that property is accurately described for tax purposes.

It is the intent of these requirements to provide a standard method of checking legal descriptions for deeds, affidavits, easements and other instruments that require the use of land descriptions. (See Check List.)

It is understood that all situations cannot be covered by these requirements and when those situations arise, they will be handled as special cases interpreted by the Vinton County Engineer's Office.

Any descriptions that does not contain the required information on the "Requirements For Recorded Deed Descriptions" check list will be stamped "Approved For Transfer Only. Inaccurate Description". (See Check List.)

It is suggested that prior to making out the deed for conveyance or closing the sale, that a copy of the legal description be submitted to the Vinton County Engineer's Office to be checked for description accuracy.

Requirements for Recorded Deed Descriptions Transferring

• State, County and Section Name.
• Range, Township and Section Numbers.
• Property location is identified by quarter section, lots, outlots, etc.
• Commencing point is described by a corner of a section, quarter section, etc. (Identified only to an adjacent tract is inaccurate, reference information only.)
• The point of beginning is tied to the commencing point and is clearly described. (Identified only to an adjacent tract is inaccurate, reference information only.)
• Description must have directional calls. (Identified only as being along an adjacent tract is inaccurate, reference information only.)
• Description must have a distance for each directional call.
• Number of acres in tract described is stated.
• Number of acres being conveyed, after the save and exceptions, is stated.
• Prior recorded reference is stated.
• The "Restrictive Approval" stamp may be affixed for a former railroad right-of-way tract being transferred.
• The "Restrictive Approval" stamp affixed to a prior recorded legal document, must be continued with that existing tract of land.

If any of the above required information is missing and cannot be added to the legal description prior to the deed being transferred, then the "Approved For Transfer only. Inaccurate Description" stamp will be affixed when transferred.

It is understood that there may be exceptions and when those situations arise, they will be handled as special cases interpreted by the Vinton County Engineer's Office.

On all land transfers, the legal description must be checked by the Vinton County Engineer's Office prior to being transferred by the Auditor's Office (S.B. No. 158); also, all land contracts before they are recorded in the Recorder's Office H.B. No. 95, (effective March 19, 1993).

REQUIREMENTS FOR SURVEY DESCRIPTION

Survey either to replace an existing description which is inaccurate or to create a new piece of property. Said description shall include the following items, Ohio Revised Code Chapter 4733-37, the Administrative Code.

Adequately identified, metes and bounds description shall include:

• State, County, Township Name.
• Range, Township, Section Numbers.
• Property location is identified by quarter section, lots, outlots, etc.
• The commencing point is described by a corner of a section, quarter section, etc.
• The point of beginning is tied to the commencing point an is clearly described.
• Basis of bearings, and stated that bearings are used to denote angles only, if that is the case. If based on true North, than so state.
• Series of calls for successive lines bounding the property.
• The reported boundary data shall meet the closure requirements of paragraph (c) of rule 4733-37-04.
• Statement of what the description is made from, and the prior recorded reference.
• Statement of boundary reference monument, whether found or set.
• Statement saying the location of each identification cap set.
• Survey description must be tied to the center of the road.
• Monument offsets with distance from the center of the road on the property lines. Must be also stated in the description.
• Statement of the number of acres surveyed to the third decimal.
• Identified the number of acres if located in different section, quarter, section, outlots, lots, etc.
• Acreage over five acres will have access to public road either by easement or fee simple. Application for driveway permit will specify road frontage width requirement.
• Acreage of five acres or under must have no less than 150 feet road frontage.
• Acreage of five acres or under with less than 150 feet road frontage may be stamped "Restrictive Approval".
• Acreage without road access may be stamped "Restrictive Approval".

There may be exceptions, so if a case arises, then talk with the County Engineer's Office.

REQUIREMENTS FOR SURVEY PLAT

See "Sample Plat of Survey" of Minimum Standards for Boundary Surveys in the State of Ohio as adopted 5-1-80 of the Ohio Revised Code Chapter 4733-37.

• County, Ohio, Township Name.
• Township, Range and Section Number.
• Village, Lot, Outlot, Subdivision, etc.
• Title of the general location of the survey (i.e., quarter section, etc.)
• Property owner, recorded volume and page.
• Adjacent property owner(s), recorded volume and page.
• Road identified (i.e., road name and number; and prior name if different and need to be clarified.)
• Commencing point of the survey is tied to the corner of a section, quarter section, etc.
• Boundary monuments set. Material used and size (diameter and length).
• Boundary monuments set; the position each monument is set.
• The location each I.D. Cap with number is set.
• Each corner and each reference control physically monumented.
• Boundary monuments found. Material, size, position and condition of each shown.
• The number of acres determined by the survey.
• If the property includes acreage in two or more sections, lots, outlots, etc., the acreage in each section, outlot, etc., must be shown on the plat.
• The direction and length of each line.
• Each section line, half section line, quarter section line, etc., must be identified.
• Citation of pertinent documents and sources of data used.
• North arrow.
• Statement of bearings used, and are used to denote angles only, if that is the case. If based on True North or Magnetic North, than so state.
• Graphical scale; and stated scale.
• Date of survey and/or writing.
• Client information, if different than owner of property being surveyed.
• Surveyor's printed name and Ohio register number.
• Survey company information: name, address, phone number.
• Surveyor's signature.
• Surveyor's seal, which may clearly reproduce on copies made of the original drawing.

A copy of the survey description and plat with the surveyor's original signature and seal, is required to be submitted to the Vinton County Engineer's Office for review. The County Engineer shall approve the survey plat and description and shall file a copy of the survey plat and description in the Engineer's Survey File. The survey plat and description so filed are public records under Section 149.43 of the Ohio Revised Code. See Amended Substitute S.B. 158 as signed by the Governor of the State of Ohio, and effective May 9, 1996.

Last modified: 6-May-98
Comments to: Info@ThompsonHine.com