Transfer and Conveyance Standards of the

1 2 Transfer and Conveyance Standards of the athens county Auditor and the athens county Engineer Table of Contents Adoption of Standards Governing Conveyances of Real Property in athens county , 3 Section 1 4 Section 2 Application Of Transfer And Conveyance 4-5 Section 3 Special 5 Section 4 Specific Requirements For All Documents Of 5 Section 5 Conveyance Form 6-7 Section 6 Quality Of 7-8 Section 7 Sufficiency Of 8-9 Section 8 Boundary 9 Section 9 Breaks In The Chain Of 9-10 Section 10 Planning Commission Approval Of Parcel 10 Section 11 Land That Is Split By Taxing District 10 Section 12 Land 11 Section 13 Requirements Of Conveyance By The county Auditor and county 11-16 3 Adoption of Standards Governing Conveyances of Real Property in

2 athens county , Ohio Pursuant to Section of the Ohio Revised Code, Jill A. Thompson, the athens county Auditor and Archie Stanley, the athens county Engineer, hereby agree to the following Standards governing the conveyances of real property in athens county , Ohio, and hereby adopt and prescribe the same as the official Standards governing all conveyances of real property in said county . The official Standards so agreed to, adopted, and prescribed are attached hereto and made a part hereof. This Agreement is adopted in duplicate and each of the parties hereto shall keep and maintain in their office an original copy of this Agreement.

3 In accordance with Section of the Ohio Revised Code, public hearings were held on the adoption of such Standards on March 31, 2005, and on April 12, 2005, and the public testimony and written comments were received at each such public hearing and were considered in connection with the adoption of the Standards . The official Standards agreed to, adopted, and prescribed, and attached hereto, shall be effective for all conveyances presented to the athens county Auditor and the athens county Engineer on and after April 18, 2005. AGREED TO: _____ _____ Jill A. Thompson Archie Stanley athens county Auditor athens county Engineer 4 Transfer and Conveyance Standards of the athens county Auditor and the athens county Engineer As Adopted under the Ohio Revised Code Section The following requirements are a revision of the requirements dated August 28, 1996 and August 27, 1999 which are hereby rescinded.

4 The following requirements are now adopted and established in conjunction with the athens county Engineer and the athens county Auditor effective on this date: April 18, 2005 Section 1 General. It is the intent of these requirements to provide a standard method of checking legal descriptions for deeds, easements, affidavits and all other instruments that require the use of land descriptions. It is the desire of the county to provide a service for the public to ensure proper and accurate descriptions of property, to correct any errors that are evident and to ensure that property is accurately described for tax purposes.

5 Not all situations can be covered by these Standards and requirements, and when such situations arise they will be handled as special cases to be interpreted by the athens county Auditor with advice and assistance from the athens county Engineer when necessary as to whether a legal description is sufficient to meet the adopted Land Conveyance Standards as provided for by Sections and of the Ohio Revised Code. All authors of instruments of Conveyance are encouraged to have legal descriptions checked by the athens county Auditor s Office prior to the actual time of Conveyance . This will avoid delays and allow time for any corrections that are necessary.

6 Section 2 Application Of Transfer And Conveyance Rules. These rules apply to any Transfer of a Conveyance of an interest in real property made by Conveyance , partition, devise, descent, court order, certificate of Transfer , affidavit, or any other document, that could cause any of the following: A. Change In The Name Of Owner(s) Of Land. Any document that creates, transfers, or terminates any interest in land or minerals that would cause the county Auditor to change the name of the owner or any one of the owners must be presented to the county Auditor under ; 5 B. Change In Description. Any document that changes, corrects, or amends the description of any parcel of land must be presented to the county Auditor under ; or C.

7 Transfer Of Interest That May Affect True Value. Any document that creates, transfers, or terminates any interest in land that affects the true value of a parcel for real property tax purposes must be presented to the county Auditor under Section 3 Special Transfers. The following transfers are subject to special requirements: A. Transfers By Affidavit Or Next Of Kin. A Transfer under the law of descent and distribution may be pursuant to affidavit under A certified copy of the death certificate or other official acknowledgement of death must be attached to the affidavit. B. Transfer Of Survivorship Interest.

8 A Transfer of a survivorship interest shall be made pursuant to , only upon certificate of Transfer or upon affidavit and certified copy of death certificate of the deceased joint tenant. C. Transfer By Affidavit Under A Transfer of the name of the owner or any one of the owners may be made by affidavit pursuant to (B)(1); the correction of a legal description may be made by affidavit pursuant to (B)(4) and (B)(5); however except in the case of the termination of a life estate or survivorship estate, no Transfer shall be made by affidavit pursuant to (B)(2) and (B)(3). Section 4 Specific Requirements For All Documents Of Transfer .

9 All documents transferring an interest in real property that are subject to , including all court orders and certificates of Transfer , shall contain all of the following: 6 A. Reference To Prior Instrument Of Record. A reference to the volume and page of the record of the next preceding recorded instrument by or through which the grantor claims title, as required by ; B. Tax Mailing Address Of Grantee. A statement of the complete tax mailing address of the grantee or any one of the grantees, as required by ; C. Identification Of Interest Conveyed. The grantor shall state on the instrument of Transfer the interest being conveyed, if the interest being conveyed is less than the grantor s entire interest in the land.

10 D. Instruments To Conform To Law. All deeds and other instruments transferring an interest in Real Property shall conform to the laws of Ohio or to the law of the place where the instruments were executed. E. Document Of Transfer Shall Include Parcel Number. The document of Transfer shall include the county Auditor s parcel number(s) of the land. If the Transfer requires a new parcel to be created, the parent parcel number (original tract being divided) is acceptable. Section 5 Conveyance Form Requirements. No instrument will be transferred unless accompanied by a properly completed DTE 100 or DTE 100EX Conveyance form that complies with the requirements of this section.