THE PRACTICE OF RECORDING real estate documents is based on law in England which traveled to the New World with the colonists. Public land registrars were appointed in colonial America to keep accurate records. A system of registration was necessary to prove the rights of persons who first made claims to property.
IN 1787 THE NORTHWEST TERRITORY was formed, encompassing all lands north and west of the Ohio River. A Recorder’s office was established in each county. Ohio became a state in 1803 and although the state constitution did not provide for a Recorder’s office, the first state legislature mandated that a Recorder be appointed in each county by the Judges of the Court of Common Pleas. In 1829 the Recorder’s office became an elective position and in 1936 the term was established at four years.
TODAY THE COUNTY RECORDER KEEPS AND MAINTAINS accurate land records that are current, legible and easily accessible. An important aspect of the Recorder’s work is to index each document so it may be readily located. Accurate indexing makes it possible for persons searching land records to find the documents necessary to establish a “chain of title” (history of ownership) and ensures that any debts or encumbrances against the property are evident. These invaluable records are utilized by the general public, attorneys, historians, genealogists and land title examiners.
In some counties, certain property is registered under the Torrens Act. This “registered land” has boundaries certified to be correct; title is guaranteed by a state insurance fund. Torrenized land records are the responsibility of the County Recorder. In 1998, working with the Clermont County Commissioners, the process to “abolish” registered land began. After public hearings and an act signed by the Recorder and Commissioners, registered land was abolished on February 2,1999. All Registered Land certificates will be kept in the Recorder’s office. No updates will be made to those certificates.