MINIMUM
REQUIREMENTS
FOR ALL
INSTRUMENTS
OF
CONVEYANCE
IN
EFFECTIVE
DATE:
 Frank W. Anderson P.E., P.S. |
 |
MINIMUM REQUIREMENTS FOR ALL FORMS OF CONVEYANCE
IN
Public Hearings were held at the
Having held the public
hearings as required by the Ohio Revised Code, we do here by adopt the attached
“ Minimum Requirements for All Instruments of
conveyance in
Barbara Curtiss Frank
Date Date
PROCEDURES AND MINIMUM REQUIREMENTS FOR THE
CONVEYANCE OF REAL PROPERTY IN
(
This document was created
to update, improve, and revise previous standards governing the conveyance of
real property, established by
All
of this document will be made available on the Fairfield County Websites:
http://realestate.fairfield.co.oh.us
-INDEX-
Procedures for all forms of
conveyance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 4
Minimum Requirements For All Instruments Of Conveyance In
Instruments to be Submitted
will be Subject to the Following Policies and Requirements .6
Requirements for Transferring Existing Deed
Descriptions . . . . . . . . . . . . . . . . . . . . . . . . .7
Requirements for New Surveys, Splits / Minor
Sub-Divisions . . . . . . . . . . . . . . . . . . . . . . . 8
Annexation Minimum Requirements . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Major Subdivisions . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
Condominiums . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .9
List of Exhibits . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . …11
I.
PROCEDURES FOR ALL FORMS OF CONVEYANCE
To assist
the public, we have listed the necessary steps to complete all types of
conveyances. This section will explain where you have to go, in what order, and
what you will need at each step in the conveyance process.
A.
Existing numbered
lots in recorded and platted additions and sub-divisions without metes and
bounds descriptions.
1.
To the Auditor’s
Office (Real Estate).
2.
To the Recorder’s
Office.
B.
Existing tracts
of record with metes and bounds descriptions.
1.
To the Map Room
for approval (see Page 7, Section B).
2.
To the Auditor’s
Office (Real Estate).
3.
To the Recorder’s
Office.
C.
New Metes and
bounds descriptions (Minor Subdivisions-Lot Splits) in incorporated areas.
1.
Obtain approval
from the governing authority of the incorporated area.
2.
To the Map Room
for review and all applicable forms.
3.
To the
4.
To the Map Room
for completion of forms and filing of survey.
5.
To the Auditor’s
Office (Real Estate).
6.
To the Recorder’s
Office.
D.
New Metes and
bounds descriptions (Minor Subdivisions-Lot Splits) in unincorporated areas.
1.
a) To the Map Room for review and all applicable forms.
b)
To the
c)
To the Map Room
for completion of forms and filing of survey.
d)
To the Health
Department for approval.
e)
To the Regional
Planning Commission (RPC). The deed, an
approved legal description, and a copy of the survey must
accompany the forms from the Map Room for RPC to process.
f)
To Auditor’s
Office (Real Estate).
g)
To the Recorder’s
Office.
2.
Lot Splits (Minor
Subdivisions-Lot Splits) with an area of 5.01 acres or more.
a)
To the Map Room
for review and all applicable forms.
b)
To the
c)
To RPC. The deed, an approved legal description, and
a copy of the survey must accompany the forms from the Map Room for RPC to
process.
d)
To the Auditor’s
Office (Real Estate).
e)
To the Recorder’s
Office.
3.
Lot Splits (Minor
Subdivisions-Lot Splits) being tied to existing parcels.
a)
To Map Room for
review and all applicable forms.
b)
To the
c)
To the Map Room
for completion of forms and filing of survey.
d)
To RPC. The deed, an approved legal description, and a copy of the survey
must accompany the forms from the Map Room for approval, with the deed having
the following paragraph on it:
“This parcel shall not be utilized as a separate
building site until approved by the existing planning agency with platting
authority over the area. Until such approval is obtained this parcel shall be
used in conjunction with the parcel recorded in Deed Volume/Official Record Page Deed records, Parcel No.
e)
To the Auditor’s
Office (Real Estate).
f)
To the Recorder’s
Office.
4.
Plats approved
for transfer (Subdivisions, Condominiums, etc.).
a)
To the Map Room
for yellow form.
b)
To Auditor’s
Office (Real Estate).
c)
To the Recorder’s
Office.
E.
Land Contracts.
1.
Existing Land
Contracts of record.
a)
To the Map Room
for review and all applicable forms.
b)
To the Recorder’s
Office.
2.
Proposed Land
Contracts with an area less than 5.01 acres.
a)
To the Map Room
for review and all applicable forms.
b)
To the
c)
To the Health
Department for approval.
d)
To the Map Room
for completion of forms and filing of survey.
e)
To Regional
Planning Commission (RPC).
f)
To Recorder’s
Office.
3.
Proposed Land
Contracts with an area of 5.01 acres or more.
a)
To the Map Room
for review and completion of all applicable forms.
b)
To the
c)
To the Map Room
for completion of forms and filing of survey.
d)
To Regional
Planning Commission (RPC).
e)
To Recorder’s
Office.
F.
Easements and
Rights of Way.
1.
To the Auditor’s
Office.
2.
To the Recorder’s
Office.
II.
MINIMUM
REQUIREMENTS FOR ALL INSTRUMENTS OF CONVEYANCE IN
INSTRUMENTS TO BE SUBMITTED TO THE
Existing descriptions of record, all
street, alley, road, and subdivision vacations, new surveys, subdivisions,
condominiums, and road establishments, annexation descriptions and land
contracts.
A.
INSTRUMENTS TO BE SUBMITTED WILL BE SUBJECT TO THE
FOLLOWING POLICIES AND REQUIREMENTS:
1.
Description(s)
that do not meet current requirements may transfer with a red stamp
stating, “WARNING: THIS DESCRIPTION DOES NOT MEET
2.
Time requirements
for review by the Map Room; All descriptions will be checked as promptly as
possible. Instruments conveying a new survey description cannot be processed
until reviewed and approved by the Map Room and checked by the Fairfield County
Engineer’s Office.
3.
It is understood that all
situations not addressed by these requirements will be handled as special cases
by the Fairfield County Map Room.
4.
Existing
descriptions that do not meet requirements for transfer that shall require new
surveys and legal descriptions before being transferred are as follows.
a)
Any legal
description with more than 5 exceptions to a tract will require a new survey
and description before transfer.
Government Takes (including eminent domain) will not be counted in this
5 exception limitation.
b)
Existing
descriptions that do not meet requirements for transfer may transfer if
they meet certain requirements for exemption. These descriptions shall be as
follows:
1)
When the
trustee(s) of a given trust relinquishes rights to a new trustee(s) of the same
trust.
2)
When property is
being transferred from the owner(s) name into a family trust.
3)
When property is
being transferred from a family trust into a member’s name of that trust.
4)
When a person(s)
inherits property by survivorship or per court order.
5)
When property is
being transferred from the owner(s) to an immediate family member (parent to
child, grandparent to grandchild, child to parent, grandchild to grandparent,
sibling to sibling).
6)
When the name of
a trust is being changed but the trustee(s) remain the same.
5.
All new
descriptions and surveys submitted to the Map Room shall be originals with the
original signature, date, and stamp.
6.
For existing
descriptions being transferred, original documents are preferred; however,
copies of existing descriptions will be accepted if they are “clean
copies”. No copies showing previous
stamps, signatures, dates, or are in poor condition will be accepted.
7.
All corrective
deeds must state exactly what is being corrected.
8.
Descriptions/ plats submitted shall conform to the
r>equirements as set
forth in the Requirements and Provisions of Chapter 711 in the O.R.C. and
Sections 315.251 and 319.203. New
surveys shall also conform to the Minimum Standards for boundary surveying in
the State of
B.
REQUIREMENTS
FOR TRANSFERRING EXISTING DEED DESCRIPTIONS
1.
All existing lots
and out-lots, platted and un-platted.
a)
Lots in recorded
subdivisions and additions which are shown on plats in the office of the
b)
Lots and out-lots
in unrecorded subdivisions and additions shall be described by metes and
bounds and adequately tied by metes and bounds (as noted in these standards).
Such lots referred to by number will not be accepted for transfer.
c)
When a split is
involved see Requirements for New Metes and Bounds Descriptions and
Plats of Survey (see Exhibit B).
2.
All existing
metes and bounds descriptions.
a)
Legal
descriptions referring to acreage in unplatted areas
shall be by metes and bounds and adequately tied in by metes and bounds and
shall reference to a point identifiable on a map of the area as follows:
b)
Descriptions must
use corners of sections or quarter sections, corners of section fractions,
nearby recorded subdivision corner or corner of a specified lot in a recorded
subdivision, or road intersections with established monuments depicting the
corner of an existing tract, as the “tie”.
c)
All descriptions
must reference Township Name(s), Township Number(s),
Section Numbers(s), and Range Number(s).
d)
Vague terms are
not acceptable, nor are references to points of beginning such as “in a
northerly direction”, “with the meandering of a stream”, etc. Deeds containing
these terms and others, if transferred in the past, may be transferred as
outlined in Section II.A.1.
e)
The description
of a tract lying in more than one section, a tract of land lying in part within
and in part outside a municipal corporation, or in two or more taxing
districts, and a tract that includes portions of a recorded subdivision shall
state the acreage lying in each part.
f)
The description
of a tract containing an exception(s) shall be fully described by lot number or
metes and bounds and referenced by a prior recorded description that meets the
current transfer requirements. The acreage of the exception shall be stated. No
more than five (5) exceptions per tract will be permitted. Exceptions are to be
added at the conclusion of the parent tract.
g)
Multiple tracts
being conveyed on one deed shall state the prior deed reference and if applicable
the parcel number at the conclusion of each tract.
h)
New Surveys are
required for all splits and/or re-surveys as outlined in “Requirements for New
Surveys, Splits/Minor Subdivisions.” - Section C (Also see Exhibit B)
i)
Description(s)
that differ in context from the prior recorded description,
will not be accepted for transfer.
j)
Description(s)
with exceptions to the parent tract are permitted but no more than five (5)
exceptions per individual parcel. Any
description with more than five (5) exceptions will require a new survey for
transfer.
k)
Correcting
scrivener errors - changes from the previous description that correct scrivener
errors, omissions or other obvious mistakes are permitted in order for the
description to be acceptable for transfer.
l)
Acreage within a vacated subdivision
must have a new survey before transferring, unless it meets current transfer
requirements.
m)
Sections, quarter sections, and fractions
of sections and quarter sections are acceptable.
n)
An affidavit
involving real estate that is presented to the Auditor’s Office shall have a
copy of the property description attached.
o)
The Preamble of
all descriptions shall state the following: State, County, Township, Range
number, Township number, Section or
p)
Instrument
preparation, the name and address of the person or Government agency which
prepared the instrument must appear at the conclusion of the instrument. The name must be legible.
q)
Any description
which has been incorporated into a municipality or other political subdivision,
since the previous conveyance, by means of annexation or de-annexation must be
changed to reflect its new corporate location. Official road name changes
should also be noted. (Prior road names,
when known, should be so indicated.)
C.
REQUIREMENTS
FOR NEW SURVEYS, SPLITS/ MINOR SUBDIVISIONS
1. The survey and plat shall satisfy the requirements
as set forth in The Minimum Standards for Boundary Surveying in the State of
2.
It is recommended that prior to
completion of any survey, all applicable review agencies (see page 4 of these
standards, “Procedures for All Forms of Conveyance”) should be consulted to
verify all requirements of the survey.
3.
Must meet Requirements for New
Metes and Bounds Descriptions and Plats of Survey set forth by the Fairfield
County Engineers Office (see Exhibit B).
4.
Additional requirements are as
follows:
a)
Boundary surveys
are required under the following circumstances:
1)
When the legal
description of the land to be conveyed is different from the legal description
in the most recent conveyance.
2)
When existing
legal description of a parcel being conveyed has more than 5 exceptions.
D.
ANNEXATION
MINIMUM REQUIREMENTS
1.
The territory
proposed for annexation will have one metes and bounds description for the
entire area proposed for annexation.
2.
When the territory
proposed for annexation falls within more than one
Township, the description should summarize the total acreage lying within each
involved Township in addition to stating the total acreage proposed for
annexation.
3.
Annexation plats
should be provided in permanent ink on a reproducible tracing cloth, drafting
film or other material subject to approval of the
4.
Annexation plats
must be submitted with a graphical scale clearly shown with the original
drawing no smaller than 11 inches by 17 inches and no larger than 18
inches by 24 inches. Reduced
size copies may be submitted for review purposes as long as all lettering and
detailing is clearly legible.
5.
All roadway names
should be clearly indicated with existing right-of -way widths labeled.
6.
All established
monuments that exist should clearly indicate what type of monument. Wherever roadway rights-of-way are met or
crossed by a proposed annexation boundary that is proposed to be the outer
boundary for the annexation the following additional requirements apply:
a)
An existing iron
pin, concrete monument, or railroad spike (on centerline) must clearly be
labeled to show the change in road maintenance responsibility in the field.
b)
When no
established monuments exists, iron pins as described
in ORC 4733-37-03 shall be added at the right-of-way limits in order to clearly
indicate these points in the field.
These shall be added within 30 days of annexation approval.
c)
Any
other established monuments along a proposed annexation will be subject to
approval of the
E.
MAJOR SUBDIVISIONS
1.
See the governing
planning authority over the area for major subdivision regulations.
2.
A legal
description is required and must be included with the plat in order to be
approved and accepted.
3.
To be recorded plat
must be on 18 x 24 inch film.
4.
Signatures are
required to be in permanent black ink and be legible. All signatures shall have the name and title
in print beneath.
F.
CONDOMINIUMS
1.
See the governing
authority or planning authority over the area.
2.
A legal description
is required and must be included with the plat in order to be approved and
accepted.
3.
To be recorded
plat must be on 18 x 24 inch film.
4.
Signatures are
required to be in permanent black ink and be legible. All signatures shall have the name and title
in print beneath.
II.
LIST OF EXHIBITS
Exhibit A: Fairfield County Map Room Copy Charges
Exhibit B: Requirements for New Metes and Bounds
Descriptions and Plats of Survey
EXHIBIT A:
FAIRFIELD COUNTY GIS/MAP ROOM CHARGES
EFFECTIVE JANUARY, 2005
PHOTO COPIES:
LETTER & LEGAL SIZE $0.10 / page
11 x 17 $0.25 / page
SECTION MAPS
(linework only) $1.00 / page
(with photo) $2.00 / page
SUBDIVISION PLATS
(18 x 24) $1.00 / page
(24 x 36) $2.00 / page
TOWNSHIP MAPS $2.00 / page
LARGE COPIES
(36 x 36 or larger) $3.00 / page
GIS DATA:
GIS data CD’s $ 6.00 / cd
Map Export File $ 4.00 / file
BLUELINE COPIES:
18 x 18 $1.00 / page
30 x 30 $2.00 / page
FAX SERVICE:
$1.00 for 1ST page - $0.25 for each additional page
MAILING SERVICES:
All postage will be added to the total charge.
1 cd = $1.05 2 cds = $1.50
3 cds = $2.45
6 cds = $3.95
24 x 36 map & 24” tube = $1.50
GIS PLOTTER SERVICES:
|
|
24 lb Color Bond Paper |
High Gloss Photograde Paper |
||
|
|
Linework Only |
Photo/Shading |
Linework Only |
Photo/Shading |
|
8 ½ x 11 |
$0.65 |
$1.60 |
|
|
|
8 ½ x 14 |
$0.85 |
$2.00 |
|
|
|
11 x 17 |
$1.30 |
$3.25 |
|
|
|
18 x 24 |
$3.00 |
$7.50 |
$4.80 |
$12.00 |
|
24 x 30 |
$5.00 |
$12.50 |
$8.00 |
$20.00 |
|
24 x 36 |
$6.00 |
$15.00 |
$9.60 |
$24.00 |
|
24 x 48 |
$8.00 |
$20.00 |
$12.80 |
$32.00 |
|
24 x 60 |
$10.00 |
$25.00 |
$16.00 |
$40.00 |
|
36 x 42 |
$10.50 |
$26.25 |
$16.80 |
$42.00 |
|
36 x 48 |
$12.00 |
$30.00 |
$19.20 |
$48.00 |
|
36 x 60 |
$15.00 |
$37.50 |
$24.00 |
$60.00 |
|
36 x 72 |
$18.00 |
$45.00 |
$28.80 |
$72.00 |
|
42 x 42 |
$12.25 |
$30.63 |
$19.60 |
$49.00 |
|
42 x 60 |
$17.50 |
$43.75 |
$28.00 |
$70.00 |
|
42 x 84 |
$24.50 |
$61.25 |
$39.20 |
$98.00 |
|
60 x 72 |
$30.00 |
$75.00 |
$48.00 |
$120.00 |
|
60 x 80 |
$33.33 |
$83.33 |
$53.33 |
$133.33 |
|
60 x 96 |
$40.00 |
$100.00 |
$64.00 |
$160.00 |
*Map Customization will be assessed at $16.00 per hour