OCBA Real Property Section | Standards for Abstract of Title

To all members of the Onondaga County Bar Association: It has come to my attention that certain abstract companies have not been complying with our standards, in that their search certificates fail to waive the statute of limitations defense or otherwise fall short of the standards.
While it is within every individual practitioner’s discretion to waive enforcement of the contract provisions relative to abstracts of title (with their client’s informed consent), the recommended standards reflect the judgment of experienced real estate practitioners. Also, attorneys should consider negotiating more stringent requirements in cases where, for example, the property value is or will be higher than usual, or where a longer search is advisable to show possible mineral estates or other matters.
The attached link contains a copy of our approved form of abstract certificate and of our resolution regarding 1945 as the abstract “starter” date.

Abstract of Title Proper Form Resolution