Toth v. Berks Title Insurance

Interpretation of the Ohio Marketable Title Act is nearly a matter of first impression. This court has addressed the issue of the marketable record title of a particular parcel of property in only one other case, Heifner v. Bradford (1983), 4 Ohio St. 3d 49. In Heifner, Chief Justice Celebrezze expressed that this court was. satisfied that R.C. 5301.49(D), dealing with the recording of land use restrictions under the Marketable Title Act, “ought to be construed in the manner that Simes and Taylor, as drafters of Section 2(d) of the Model Act, intended.”1 Therefore, this court again looks to…