On February 28, 2018, the Supreme Court of Ohio announced that it has accepted an appeal of Blackstone v. Moore (2017-Ohio-1639). Blackstone is a Seventh District Court of Appeals decision that analyzed the Ohio Marketable Title Act (R.C. 5301.47 et seq.) (the “OMTA”) and adopted a four factor test to determine whether a reference to an interest inherent in the muniments of the chain of record title is “specific” – and thus not extinguished by the OMTA – or “general.” You can read our prior blog on the Blackstone decision here. In the appeal, the Supreme Court of Ohio will address the following two propositions of law:
- The specific identification contemplated in R.C. 5301.49(A) requires sufficient reference that a title examiner may locate the prior conveyance by going directly to the identified conveyance record in the recorder’s office without checking conveyance indexes; and
- The exception to a person’s marketable record title under R.C. 5301.49(A) does not include interests and defects, created by a recorded title transaction prior to the root of title, of which the person has actual knowledge, if the reference to such recorded title transaction is general rather than specific.
Vorys will continue to monitor Blackstone and update this blog once the Supreme Court of Ohio renders its decision.