(A) When a surveyor is called upon to prepare a new description, either to replace an existing description which is inadequate or to create a new piece of property, said description shall include the following items:
(1) Sufficient caption so that the property can be adequately identified.
(2) A relationship between the property in question and clearly defined control station(s).
(3) The basis of the bearings.
(4) A citation to the public record of the appropriate prior deed(s).
(5) The surveyor's name, Ohio registration number and date of writing and/or survey.
(B) A metes and bounds description shall include, in addition to paragraph (A) of this rule:
(1) A description of the boundary monument used as the initial point of the description.
(2) A series of calls for successive lines bounding the parcel, each of which specifies:
(a) The intent in regards to adjoiners or other existing features.
(b) The direction of the line relative to the direction of the basis of bearing.
(c) The length of the line.
(d) A description of the boundary monument (or reference monument) and whether found or set to identify the end of the particular line.
(e) All curved lines shall indicate the radius, central angle, curve length, chord bearing, chord length and direction of the curve.
(f) The reported boundary data shall meet the closure requirements of paragraph (C) of rule 4733-37-04 of the Administrative Code.
(3) The area of the parcel.
(C) Descriptions other than metes and bounds descriptions may be a reference to a recorded survey plat or a parcel on a recorded survey plat and shall include sufficient and adequate legal and technical wording so that the property can be definitely located and defined.
(D) A statement shall appear indicating that either: the description was made in accordance with a recent survey and the date thereof, or the description was made based on a previous survey, of a certain date, and date of description, or the description was not based on a survey.
(E) When the surveyor knows a new description is to be used for a fee transfer, the surveyor shall base the description on a current or updated survey of the property.
R.C. 119.032 review dates: 08/18/2008 and 08/18/2013
Promulgated Under: 119.03
Statutory Authority: 4733.07
Rule Amplifies: 4733.20
Prior Effective Dates: 5/1/1980; 11/1/2003