Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-05-09
LAND TITLES.
How They Can be Perfected In
Ohio.
Tho Torrons System Expiained-Tho Re-
corder's Duties Defined-How to Put
Land Under the New System
Tho Foes Provided.


may prove interesting:
1. An owner of real estate, who desires to take
advantage OF the system, makes application in |
writing in presence Of two witnesses, to either
the common pleas court or probate court, fur
nishing oil deeds, surveys maps, ETC., in his
possession, also the names and post office ad-
dresses Of all adjoining property owners and
present occupants The application must con-
tain an accurate description of the land, the
amount nature, and kind OF every encum-
brance; all easements and inferior estates to
the fee simple either in law or equity; names
and post onlce address OF all persons interested.
.. The court then fixes the day for hearing,
and the applicant is required to give notice by
publication, which must contain an accurate
description of land, that application to have
said land registered has been made.
g. The court. or referee appointed by the
court, may require the applicant to file COM
plete abstract, or where boundaries or amount
of land are in dispute, may require survey
and accurate plat OF the land.
l. II any defects are found in the title they
must be removed before the land can be reg
istered.
5. The court II satisfied can then order the
land registered. and the clerk OF court or
probate court enters the same on the land reg
istration docket
8. The court or clerk then files the decree
and order for registration with all papers, and,
with an accurate description OF the land, maps,
surveys, ETC., with the recorder who gives q
receipt for same. The recorder indorSes thereon
the exact time of filing and number of paper,
which must correspond with the folium of the
register, and files the papers in his office.
z. The recorder then registers the land, show
ing all encumbrances, liens, etc, thereon, also
the exact time when made name and address
OF the owner, executor, assignee or guardian,
etc. II executor, date OF the probate OF will,
by what court admitted; II assignee, date of as
signment, full and accurate description of the
land, EnCum DrnnCeS and liens must be noted
as to priority, and issues a duplicate which
must show volume and page of register. In ad-
dition to the above the recorder must make
and keep UP an alphabetical index of the
names of all registered owners and all other
persons interested on or holding charges
against the land which index must show the
location of the land, volume and page of the
register, and O short description of the land.
He must also make a copy of all surveys in the
record of surveys. the volume and page of the
record OF survey must be noted on the register,
also on the owners certificate. Also tract in
deXes in which lands registered must be en-
tered in the numerical order of townships,
ranges, lots, sections. and subdivisions. This
is n land index, the intent being to index the
land registered with the name Of owners OPP
posite the same.
S. In order to carry out the provisions of the
law the recorder has power to administer oaths
issue subpnnas, enforce attendance, and ex-
anime witnesses, order surveys and plats, ap-
point surveyors, etc,
8. No transfer Of registered land shall be
made by the auditor, but the recorder is re-
Quired to make out a list Of all transfers be-
fore the lst day of May each year, for the year
ending on the second Monday in April, showing
the names, from whom, and by whom trans
ferred, date, township, section, lot, and plat,
with the quantity Of land transferred and keep
duplicate thereof
10. All certificates surrendered and Cancelled
shall be filed by the recorder and must be ac-
curately dated in the court where decree was
entered to establish his right any time within
five years, but this does not affect bona fide
| purchases nor disturb their rights.
TRANSFERS.
| l. An owner of registered land who desires to
transfer all or part of same must endorse on, or
attach transfer to his certificate; If married,
must give name of wife, the consideration, the
| name of the parties to whom transfer is made,
| with the post office address OF all parties, and
If transferring part of his land an accurate de-
| scription of the land subject to such liens,
mortgages, ETC., as are noted in the regis
ter at that date, with statement of surrender OF
certificate and request to the recorder to
| issue certificate to party named. The transfer
must be acknowledged
| .. When such transfer is presented to the re-
| corder he shall file the same and endorse there
on the exact time OF filing. And II the recorder
| shall find that the tranSferrer is entitled to
| make such transfer, and that the transferee is
| entitled 10 nave SuCu transfer registered, inc
recorder shall register the title upon n new
| page of the register and enter thereon all
| memorials, notations, and memoranda to which
the land is subject, but before the transfer is
| made the recorder must cancel the certificate
| of the transferrer and note same on register
and when certificate is wholly cancelled the
| same is retained by the recorder and n new
| certificate issued to the tranSferee, showing al
| encumbranceS, etc, as are shown on the regis
ter Practically the same notations are re-
| Quired as regards to tract indexes and alpha
betcal indexes as in first registration.
g. Every transferee, mortgagee, lessee, and
encumbrance of registered land holds his title
TO the mortgages, encumbrances, etc, that have
been entered on the register prior to suct
transfer of the land mortgage, ETC., unless it is
otherwise expressly provided,
| TRANSMISSION AND ADMINISTRATION.
l. Whenever any person dies owning land ol
any estate therein the land shall pass to the
personal representatives of the estate Of tn,
deceased. whether he die testate or intestate
and the same shall be administered in lilSt
manner as personal property, except as other
wise in the act provided, and except that dis
tribution shall be made according to law il
force, covering descent and distribution a
shall be provided in the will Of such deceased
owner.
. When person dies owning in fee simpl
any unregistered land his ex ecutor or admins
TRAITOR, after being duly qualified and befor
dealing with such land, shall make application
to have the same registered
g. Before any sale Of registered land can b,
made, proof OF his heirship shall be made il
probate court where proceedings are pending
and before any transfer can be made certiie,
copy of such proof must be filed with the re
corder and such copy shall be conclusive proc
In favor OF all persons thereafter dealing with
the land that the persons therein named arr
and only heirs OF the deceased owner.
L. Whenever 1t Is necessary to sell lands reg
istered in the name OF the personal representa-
tive to pay debts, or deyisees of deceased
owner, sales must be made as are provided by
law in reference to the sale OF real estate o
deceased owners to pay debts, and upon the salt
being made the personal representative shall
make application to the probate court OF thu
county where the land is situated for an orde
to have lands sold registered
5. The probate court has the same jurisdic
tlon over real estate that he now has over per
sonal estates No land registered in the nam,
of an executor administrator can bs sol'
without an order OF court.
8. Heirs may ask for distribution and cour
may order same, and II distributed, same trans
ferred to each severally or in common, and tn
party shall be entitled to register and receiv