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INTRODUCTION
With the passage of Amended Substitute Senate Bill 158, Cuyahoga County Auditor Frank Russo and Cuyahoga County Engineer Robert Klaiber have adopted standards governing conveyances of real property in the county. 

The following information has been provided by Cuyahoga County Auditor Frank Russo. You are cautioned not to rely upon the following information without having your attorney review your instrument of conveyance and contact Cuyahoga County Auditor Frank Russo to determine the current standards.

It is the purpose of these standards to provide Public or Private agencies as well as individuals with a comprehensive set of guidelines for the purpose of preparing and recording conveyances of real property in Cuyahoga County.

Furthermore this document will provide a guide to the rules and regulations for the preparation and approval of survey plats and legal descriptions. Said rules and regulations are adopted, in part, from Ohio Revised Codes; 315.251, 317.22, and 319.203, 711.101 2113.61, 5301.252, 5302.17, 5311.10 also Ohio Administrative Code 4733-37.

Said applicable codes as referred to from time to time herein, represent the current versions as of the date of this publication. Any subsequent revisions, changes or updates to said codes or any new codes that may be established, from time to time, may automatically be made part of this document.

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and Sections within this Document.

TABLE OF CONTENTS

SECTION 1
Application of Transfer and Conveyance Rules

SECTION 2
Special Transfers

SECTION 3 
Specific Requirements for all Documents of Transfer

SECTION 4
Quality of Documents

SECTION 5
Sufficiency of Description

SECTION 6
Boundary Surveys

SECTION 7
Breaks in the Chain of Title

SECTION 8
Governmental Approval of Parcel Splits and Associated Plats

SECTION 9
Transfer of Property in the name of a Trust

SECTION 10
Land Split by Taxing District Boundaries

SECTION 11
Requirements of Conveyance by the County Engineer

SECTION 12
Requirements for Survey Plats by the County Engineer

SECTION 13
Special Applications for Condominiums

SECTION 14
Special Applications for Foreclosure, Forfeitures and Special Court Ordered Transfers

INSTRUMENT EXHIBITS 

Exhibit 1
DTE 100
Section 3(F)

Exhibit 2
DTE100EX
Section 3(F)

Exhibit 3
Description Review Form
Section 11(G)

Exhibit 4
Plat Review Form
Section 12(O)

Section 1 - Application of Transfer and Conveyance Rules:

These rules apply to any transfer and conveyance of an interest in real property made by conveyance, partition, devise, vacation, decent, appropriation, court order, certificate of transfer, affidavit, or any other document, that would cause any of the following:

(A) Change in the Name of Owner(s) of Land

Any document that creates, transfers, or terminates any interest in land or mineral rights that would cause the County Auditor to change the name of the owner or any one of the owners, must be presented to the County Auditor under O.R.C. 319.20;

(B) Changes in Description

Any document that changes, corrects, or amends the description of any parcel of land must be presented to the County Auditor under O.R.C. 5713.02;

(C) Transfer of Interest that may affect True Value

Any document that creates, transfers, or terminates any interest in land that may affect the true value of a parcel for real property tax purposes must be presented to the County Auditor under O.R.C. 5713.03.

Section 2 - Special Transfers

The following are subject to special transfers;

(A) - Transfer by Affidavit of Next of Kin

A transfer under the law of descent and distribution shall be made pursuant to affidavit under O.R.C. 317.22.

(B) - Transfer of Survivorship Interest

A transfer of a survivorship interest shall be made pursuant to O.R.C. 5302.17, upon presentation of a certificate of transfer, as provided by O.R.C. 2113.61, or affidavit accompanied by a certified copy of a death certificate of the deceased joint tenant.

(C) - Transfer by Affidavit under O.R.C. 5301.252

A transfer of the name of the owner or any one of the owners may be made by affidavit pursuant to O.R.C. 5301.252 (B)(1). The correction of a legal description may be made by affidavit pursuant to O.R.C. 5301.252 (B)(4) and (B)(5). However, except in the case of the termination of a life estate, survivorship estate or transfer of condominium common area to established associations, no transfer shall be made by affidavit pursuant to O.R.C. 5301.252 (B)(2) and (B)(3).

Section 3 - Specific Requirements for all Documents of Transfer

All documents transferring an interest in real property that are subject to O.R.C. 319.20, including all court orders and certificates of transfer, shall contain the Following;

(A) - Reference to Prior Instrument of Record.
A reference to the volume and page of the record of the next proceeding recorded instrument by or through which the grantor claims title as required by O.R.C. 319.20;

(B) - Tax Mailing Address of Grantee.
A statement of the complete tax mailing address of the grantee or any one of the grantees, as required by O.R.C. 319.20;

(C) - Identification of Interest Conveyed.
The grantor shall inform the County Auditor in writing whether the grantor is conveying less than the grantor's current interest in the land.

(D) - Instrument to Conform to Law.
All deeds and other instruments transferring an interest in Real Property shall conform to the laws of Ohio or to the law of the place where the instruments were executed in regards to grantor's signatures and witness signatures.

(E) - Document of Transfer Shall Include Parcel Number and Address.
The document of transfer shall include the County Auditor s parcel number(s) of the land and the current site address of the property, if any. If no parcel number yet exists, as in the case of Splits, then the current parcel number for tax assessment shall be used with the word "Split" noted clearly on the deed. Parcel numbers incorrectly recorded shall be marked in the left margin of the document with the correct parcel number and brought to the attention of the Auditor's Transfer Clerk who will then make the appropriate corrections on their terminals and give notice to the recording party.

(F) - Conveyance Forms.
No instruments will be transferred unless accompanied by a properly completed DTE 100 or DTE 100EX conveyance form. All items on the DTE conveyance form.  All numbered iterms on the DTE conveyance form must be completed. An itemized breakdown of the amount listed in item 6 (e), as to the portion of total consideration paid for items other than real property, must be submitted with the Conveyance Fee Statement.

(G) - Grantor and Grantee Names.
All transfer documents shall contain the complete Grantor(s) and Grantee(s) names, and in the case of Corporate or Trust Names, the Complete name(s) and a statement as to partnership designation and/or legal title of said Corporation or Trust.

(H) - Legal Description.
All documents of transfer shall contain a legal description formatted to and sufficient in form and detail to comply with the detailed specification spelled out in Section 5 of this document and the specification established by and held to in the current revision of O.A.C. section 4733-37-06.

Section 4 - Quality of Document

The County Auditor will approve no transfer unless the documents presented to the County Auditor meet the following requirements:

(A) - Original Required
The document of transfer must have the original signature of the grantor or affiant. In most cases, a copy of a court order will be accepted, but the copy must bear the signature of a judge and show on its face that it has been filed with the clerk of court or be a certified copy from the clerk of courts.

(B) - Document Size
The maximum size for any instrument conveying title shall be 8.5 by 14 inches. The minimum size shall be 8.5 by 11 inches.

(C) - Text Size
No text on a document of transfer shall be less than a standard font 12 in Size, (1/8"), excluding preprinted wording on the standard document forms. This requirement includes hand written documents and the only exception shall be for the signature of the grantor or affiant.

(D) - Text Quality
All typed or word processed documents shall use Roman, Courier or Aerial type text fonts. Hand written documents shall use 1/8" printed lettering and must be completely legible.

(E) - Cut and Paste Documents
No document of transfer shall have cut and pasted text attached to said document.

(F) - Corrections to Document Text
Erasures of any kind on a document of transfer are not recommended. Rather, corrections should be made by lining through the incorrect passage and writing the correct passage above said text or noting the correction with an asterisk indicating the correction at the bottom of the page.

(G) - Document Medium
All documents of transfer shall be on bonded 75g/sq.meter standard white paper or standard preprinted form paper of similar weight and size. No fax paper, onion skin or transparent mediums will be accepted.

(H) - Previous Recorded Exhibit Documents
Any document exhibit that is a reproduction of a previously recorded document must be clearly legible, having large enough text to comply with item (C) and (D) above. A negative reproduction of said document would not be accepted.

(I) - Signatures
All signatures on a document of transfer shall be original, in black or (preferred) blue ink. No red ink will be permitted, as this color may not reproduce clearly.

(J) - Witnesses and Notary
The number and nature of witness signatures shall comply with O.R.C. minimum standards for such documents and the minimum requirements of the state in which the instrument was executed. Notary seals shall be in permanent black ink or of the raised embossed crimped type.

(K) - Pre-approval Policy
It is recommended that if a document is long, complicated, or the writer is not sure if it will be accepted that they submit the document well in advance of recording for pre-approval.

Section 5 - Sufficiency of Description

(A) - Identification
The Description of land shall be sufficient to allow the County Auditor and County Engineer to identify the land that is being transferred. Typographical errors that do not affect the County Auditor or Engineer's ability to identify the property will be disregarded, but typographical errors that cannot be resolved will cause the disapproval of the transfer.

(B) - Description of Tax Parcels
All documents that transfer an ownership interest in a tax parcel shall contain one of the following types of descriptions:

(C) No More Than Three Exceptions in Descriptions.
No transfer will be approved where the description contains more than three (3) exception pieces to any metes and bounds general description. An exception describes land that is included in the general description, but that is not being transferred and is excepted out and identified by a separate description of its own. If an exception parcel description conflicts with the main parcel of the document or any other exceptions parcel in the document, then the mandatory survey requirement will be enacted.

Section 6 - Boundary Surveys

(A) The requirements for a boundary survey shall be established in accordance with O.R.C. Section 315.251 as amended by Senate Bill 262 and shall read verbatim in part as ... "If a deed conveying title to real property is presented to the County Auditor for transfer, and the deed contains a legal description for land that is a cut-up or split of the Grantor's one or more existing parcels of land as shown in the County Auditor's records, or if the legal description of the land conveyed in the deed is different from the legal description shown in the prior deed to the Grantor, a boundary survey plat in conformity with the new description shall be submitted with the deed."

(B) The survey plat and description shall satisfy the minimum standards for boundary surveys promulgated by the Board of Registration for Professional Engineers and Surveyors pursuant to chapter 4733-37 of the Ohio Administrative Code and the standards established in Section 11 enclosed herein.

(C) If, in the opinion of the County Engineer, the survey plat and description satisfy those standards, the County Auditor shall accept the deed for transfer and a copy of the survey plat shall be filed in the County Engineer's survey files for public inspection.

(D) Appropriated Lands
In the case of appropriated lands, the fully executed plans signed by the appropriate municipal officials, county commissioners or O.D.O.T. officials shall constitute the minimum requirements for boundary surveys when said appropriation is taken in fee title. Said plans must be on file with the Tax Map Department as a T.M. file or with the County Engineer's Record Room as "Official Road Records".

Section 7 - Breaks in the Chain of Title.

Because the County Auditor needs to determine the ownership of each tract, lot, or parcel of real property and because the County Auditor maintains ownership history of each tax parcel, the following rules will apply;

(A) Grantor Is Not Prior Grantee
No transfer will be approved where a grantor is not a prior grantee, unless the document itself or an affidavit that satisfies the requirements of O.R.C. 5301.252 is provided to the County Auditor that explains to the County Auditor's satisfaction why there is a break in the chain of title. The County Auditor may also require additional evidence when necessary to establish the correct ownership of the property.

(B) Quit Claim deeds
Occasionally quitclaim deeds are presented where the grantor is not the current owner of record. Deeds of this nature are transferred, the grantee s name is added but the owner of records name is not removed from the duplicate and a special notation is added referencing said transfer as a "Quit Claim."

(C) Minor Differences in Names
Differences in the name of the grantor and a prior grantee based upon the inclusion or omission of middle names or initials, or different versions of first names (i.e. Charles, Charley), or due to change in name, and similar differences of a minor nature, must be explained in the document itself or an affidavit as required by O.R.C. 5301.252(B)(1).

Section 8 - Governmental Approval of Parcel Splits and Associated Plats

(A) Subdivision of Existing Parcel
Any transfer or conveyance that causes a tax parcel to be split into a new parcel of five acres or less, or leaves an existing parcel with five or less acres, or otherwise is required to be approved by the appropriate planning commission, must be so approved before it will be accepted by the County Auditor and County Engineer.

(B) Approval Signatures on Plat
Approval signatures must be by the current approved elected or appointed authority, in permanent ink on the appropriate line provided on the plat. Each line on the plat designated for this purpose shall have the signer s name lettered under the line for clarity. Any signature line on the plat that is left empty will be cause for rejection of the plat.

(C) No Transfer by Plat
The County Auditor will not transfer (change the name of any owner of) any real property pursuant to a plat, except for in the case of Vacation Plats specific to roadways, alleys and public lands designated as transportation corridors. Vacation Plats address specific reversionary rights back to the adjoining owners and failure to record said plats would cause a required survey of said lands unless the plat is recorded.

(D) Consolidation or Assembly
Consolidation or assembly of parcels of land can only be performed by Plat. It is not possible to assemble land by deed or conveyance. All parcels must be contiguous to each other. A closable perimeter with complete course bearings, distances and curve data if applicable, on all sides clearly shown on the plat is mandatory. A Consolidation or Assembly Plat does not have to be based on a survey unless the said perimeter extracted from the deeds does not close.

Perimeters that do not close will require a survey of said lands and a new legal to be written for the perimeter of said consolidated lands.

Section 9 - Transfers of Property in the Name of a Trust

(A) Upon the death, resignation, removal or other event terminating the appointment of a trustee of a trust, which trustee holds title to real property, the successor trustee or co-trustee must present an affidavit to the County Auditor and file an affidavit with the County Recorder, in accordance with ORC 5302.171. The affidavit must include the following:

(B) Such affidavit is not required if the original trust instrument names the trustees and successors and contains relevant facts pertaining to the succession of trustees, or if a memorandum of trust in compliance with Section 5301.255 of the O.R.C. that contains relevant facts pertaining to the succession of trustees, is recorded in the Office of the County Recorder.

Section 10 - Land That Is Split By Taxing District Boundaries

(A) Where a tract of land that is described by a single metes and bounds description is located in more than one county, The Cuyahoga County Auditor shall consult with the County Auditor(s) of the other County to determine the treatment of the land for real property tax purposes.

(B) No single tax parcel shall be created by the County Auditor that is located in different taxing districts. Any land with a single metes and bounds description or platted lot that is split by taxing district lines shall be made into separate tax parcels by the County Auditor. Any platted lot that is located in different tax districts shall be placed in the district in which the front of the parcel is located, determined by street address, or in which the greater part of the parcel is located if the taxing district line crosses through the front of the lot.

Section 11 - Requirements of Conveyance by the County Engineer

(A) All new metes and bounds descriptions, and all plats of survey that support those descriptions, must incorporate the principles and minimum standards of good surveying, engineering and draftsmanship. They must also meet the "Minimum Standards for Boundary Surveys in the State of Ohio", as defined by Section 4733-37 of the Ohio Administrative Code.

(B) Requirements for All Recorded Lot(s) of Record

(C) Requirements for Existing Metes and Bounds Descriptions of Record

(D) Requirements for New Metes and Bounds Descriptions for Conveyance

(E) Compliance with Items (A),(B), (C) and (D) above shall be verified by submittal of the instrument to the County Engineer's Tax Map office for the appropriate review and approval.

(F) Varying degrees of complexity in instruments submitted may require a more extensive review. Normally, the submitter should allow three, (3), business days for a standard instrument to be reviewed for the required compliance. Extremely large tracts of land or complex closures may require a more extensive review and the submitter is advised to submit these types of instruments as early as possible as to avoid delays at recording time.

(G) Upon submittal of a new legal description to the Tax Map Department, a Review and Approval form will be attached to it (see Exhibit - 3). The instrument is first checked for appropriate format and parcel numbers. Secondly the instrument is reviewed for compliance to the standards established herein by a qualified technician trained in surveying related issues. A closure verification sheet may be prepared and attached to the final review.

(H) Upon completion of the appropriate reviews, and all comments addressed and accounted for, the original of the instrument will be stamped;

"Legal Description complies with Cuyahoga County Conveyance Standards and is approved for Transfer".

Agent ________           Date_____________________

(I) No document of conveyance will be processed by the County Auditor without the appropriate stamp, listed above, affixed to said instrument and the appropriate reviewing agent s signature thereon.

(J) The Basis of Bearing statement on all deed descriptions to be made of record within the Cuyahoga County offices should preferably be stated with reference to a deed of record, an official record, a plat of record or a road improvement plan of record along with the bearing used. The State Plane Coordinate System, the Cuyahoga Regional Geodetic System, (C.R.G.S.), NAD 27 or NAD 83, may also be used as a Basis of Bearing only if the control monuments used along with the bearing between them are denoted in the statement. Assumed bearings may be used provided there are no bearings shown of record. Examples of acceptable Basis of Bearing statements are available at the Office of the County Engineer.

(K) Metric Measurements

Section 12 - Requirements for Survey Plats by the County Engineer -

(A) All new plats of survey must incorporate the principles and minimum standards of good surveying, engineering and draftsmanship, and must meet the '"Minimum Standards for Boundary Surveys in the State of Ohio" as defined by Section 4733-37 of the Ohio Administrative Code.

(B) Any parcel, out lot or portion of a recorded lot or other designation shown on a plat, must have an accurate, fully dimensioned image drawn to scale on the plat to enable the County Engineer and County Auditor to determine the accurate area of said parcel. If a balance or residue parcel is given a designation on a plat such as; "Parcel A" or "Sublot 2" etc., then that parcel will be considered as part of the survey and will require all the compliance items of O.A.C. 4733-37.

(C) All new parcels shown on a plat must be referenced to an established point of beginning such as centerline intersections of streets or roads or record section and or quarter section corners or lines, or recorded subdivision perimeter corners. Said point of beginning must be further established as a well known, industry standard, permanent monument, such as an iron pin, pipe, railroad spike, or monument box of a design and style accepted by current County, State or municipal standards, which ever is applicable.

(D) Each course of a new parcel shown on a plat must contain a bearing expressed in degrees, minutes and seconds and a distance recited in feet and the decimal parts thereof, from point of origination to a point of termination of each course.

(E) Each new parcel must show the names of current adjoining owners together with the recorded Deed Book and Page of Official Record for each. When a course being described adjoins a recorded platted subdivision a call for the plat volume and page will suffice.

(F) All adjoining metes and bounds parcels will require the current Auditor s permanent parcel number to be shown on the plat. If that parcel number has changed due to the length of time between the research and field survey being performed and the time of submittal for review, the parcel numbers at the time of the survey will suffice.

(G) Each course must show all other common lines such as centerline of roads, rivers, streams, quarter or half section lines, or any other pertinent common line or record interest as witnessed by the survey and used for establishment of the boundaries therein.

(H) Any course of a new parcel or a course tied to a new parcel which is a curve must contain the direction of the curve, (right or left), the radius (in feet and decimal parts thereof), the long chord bearing and distance, the central angle and the arc length.

(I) All references to roads, rivers, streams, railroads, etc. must use current or existing names of record. Old or original names, enclosed in brackets, may also be shown if pertinent and related to research for the survey or as a deed call on a description.

(J) All new parcels shown on the plat must give the area contained within its perimeter in acres and calculated to a minimum of three decimal places, as required by the County Auditor. If the parcel is less than one acre, than total calculated square footage is also required.

(K) Whenever a new parcel on a plat encompasses two or more taxing districts, or two or more tax parcels, a breakdown of total area must be recited for each tax district or parcel.

(L) All new parcels on a plat will be subject to computer verification as to the accuracy of the traverse closure. A minimum allowable traverse closure error of 1:10,000 over the area as described, with a maximum of 0.02 feet allowable in latitude and departure overall as spelled out in O.A.C. 4733-37-04-B. If permanent easements are fully dimensioned on the plat, they also shall be subject to closure verification if deemed necessary.

(M) Quality of Document -

The County Engineer will approve no plat unless the plat presented to the County Engineer meets the following requirements:

(N) Compliance with Items (A) through (M) above shall be verified by submittal of the plat to the County Engineer s Tax Map office for the appropriate review and approval.

(O) Varying degrees of complexity in plats and subdivisions submitted may require a more extensive review. Normally, the submitter should allow three (3) business days for a standard instrument to be reviewed for the required compliance. Extremely large tracts of land or complex closures may require a more extensive review and the submitter is advised to submit these types of instruments as early as possible as to avoid delays at recording time.

(P) Upon submittal of a new Plat or Subdivision to the Tax Map Department, a Review and Approval form will be attached to it. (See Exhibit - 4).

(Q) Upon completion of the appropriate reviews, and all comments addressed and accounted for, the original of the instrument will be stamped;

"This Survey Plat complies with Cuyahoga County
Conveyance Standards and is hereby approved".

 Plat Vol. ________ Pg. ______
 
T.M. _____ Pg. ____
 
_____________
Agent            Date

(R) No Map of Survey, Plat or Subdivision will be processed by the County Auditor without the appropriate stamp, listed above, affixed to said instrument and the appropriate reviewing agent s signature thereon.

(S) The Basis of Bearing statement on all plats should preferably be stated with reference to a deed of record, an official record, a plat of record or a road improvement plan of record along with the bearing used. The State Plane Coordinate System, the Cuyahoga Regional Geodetic System, (C.R.G.S.), NAD 27 or NAD 83, may also be used as a Basis of Bearing only if the control monuments used along with the bearing between them are denoted in the statement. Assumed bearings may be used provided there are no bearings of record readably available. Examples of acceptable Basis of Bearing statements are available at the Office of the County Engineer.

(T) Metric Measurements

Section 13 - Special Applications for Condominiums

(A) All Condominium plats and associated declarations shall be prepared in accordance with applicable O.R.C. 5311 - "Condominium Property".

(B) All Condominium plats shall be subject to the same review process as conventional plats and the survey of the perimeter boundary of the overall Condominium development shall meet all the requirements of O.A.C. 4733-37 and the requirements laid out in Section 11 enclosed herein.

(C) Individual Phases of a condominium shall have complete dimensional ties with bearings and distances back to the original perimeter survey.

(D) All phases of a condominium shall be a closable traverse to the same accuracy as listed in Section 12 (L).

(E) Overlaps and shortages in closures of condominium phases are not permitted; therefore all phases must fit graphically and mathematically with each other.

(F) "Common Area" shall be defined as that area common to, and held in fee by, all members of the established Association as spelled out in the recorded declaration related to such development, or held in fee by the developer or owners of record, and as further described in O.R.C.

.

(G) When the final phase of the development is completed and recorded, the established Common Area shall carry the lowest parcel number of the original tracts of land held by the developer. Multiple Common Areas that are not contiguous shall progress in their use of existing parcel number upwardly from the lowest number.

(H) Transference of interest into the association may be accomplished by affidavit as spelled out in Section 2-item (C) on page 5 enclosed herein.

(I) The percentage interest of each member of the association holding an interest in established Common Area of a condominium development should be clearly shown, in tabular form, on each phase as the development progresses.

(J) If garage units are established as separate parcels but are tied to and transferred with the associated unit, then both parcel numbers must appear on the conveyance.

(K) The legal description for a condominium unit and/or garage unit should only refer to the first phase that established the association and the current phase in which the conveyance is included.

(L) Adjustments to common walls and changes to condominium unit shapes and sizes will require a new filing of the Condominium Plat and Declaration.

Section 14 - Special Applications for Foreclosures, Forfeitures and Special Court Ordered Transfers

Definitions:

(A) Documents relating to foreclosure and forfeiture include the following:

(B) Foreclosures, forfeitures and Court Ordered Transfers occasionally have legal descriptions that would not meet all the requirements established in Section 5 and Section 11 enclosed herein.

(C) The nature of most foreclosure parcels tends to render them as small obscure, balance pieces that remain after other lands have been appropriated. They usually have relatively low value while being very expensive to survey.

(D) When a Meets and Bounds legal description, used in a foreclosure or Court Ordered document, does not meet the standards set-forth in Section 5 and 11, every effort shall be made by the writers of said legal to use the original full parcel legal description with the "three exception rule" applied. (See Section 5 - Paragraph C).

(E) If every effort to described such parcels as discussed in (D) above has failed to produce a legal description that meets the criteria established in Section 5 and 11 enclosed herein, then the County Engineer shall attempt to verify the parcels true location and parcel number(s) by making a comparison to the current Tax Maps of Record. If the County Engineer can satisfactorily determine that the parcel can be defined on the Tax Maps, then the transfer will be approved with the stamp affixed to said legal description reading;

"Legal description approved for transfer. Future conveyances of this parcel(s) will require a new legal description based on an approved boundary survey"

(F) If the County Engineer, upon completion of the analysis of the legal description, as described in (E) above, determines that the parcel is not clearly defined or is describing the wrong parcel, then the document shall be rejected for transfer and returned to the Court for corrections.

(G) To avoid rejection of transfers by the County Engineer's Tax Map Department, all Foreclosure, Forfeiture and Special Court ordered transfers should be submitted to the Tax Map Department as soon as practical so that a preliminary review of the legal description(s) can be performed.

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