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Ohio Statutes, Title 53

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Title 53, Title 53. Real Property

14 chapters · 446 sections in this title.

All chapters in Title 53446 Ch 5301, Chapter 5301 | Conveyances; Encumbrances105 Ch 5309, Chapter 5309 | Registration Of Land …100 Ch 5311, Chapter 5311 | Condominium Property36 Ch 5303, Chapter 5303 | Actions Relating To R…35 Ch 5302, Chapter 5302 | Statutory Forms Of La…29 Ch 5310, Chapter 5310 | Registration Of Land …28 Ch 5307, Chapter 5307 | Partition26 Ch 5321, Chapter 5321 | Landlords And Tenants23 Ch 5305, Chapter 5305 | Dower22 Ch 5312, Chapter 5312 | Ohio Planned Communit…16 Ch 5313, Chapter 5313 | Land Installment Cont…10 Ch 5322, Chapter 5322 | Storage Facilities6 Ch 5315, Chapter 5315 | D.o.l.l.a.r. Deed Program5 Ch 5323, Chapter 5323 | Residential Rental Pr…5

35 sections·Filtered byTitle 53✕Ch 5303✕

Ohio Rev. Code Ann. § 5303.01 Action to quiet title
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An action may be brought by a person in possession of real property, by himself or tenant, against any person who claims an interest therein adverse to him, for the purpose of determining such adverse interest. Such action may be brought also by a person out of possession, having…
Ohio Rev. Code Ann. § 5303.02 Vendee may recoup
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In actions to recover the purchase money of real estate by vendor against vendee, the vendee, notwithstanding his continued possession, may by way of counterclaim set up any breach of the covenants of title acquired by him from the plaintiff, and make any person claiming an adver…
Ohio Rev. Code Ann. § 5303.03 Petition in action for land
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In an action for the recovery of real property, it is sufficient if the plaintiff states in his petition that he has a legal estate therein and is entitled to the possession thereof, describing it with such certainty as to identify the property, and that the defendant unlawfully …
Ohio Rev. Code Ann. § 5303.04 Answer to action for land
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In an action for the recovery of real property, it is sufficient if in his answer the defendant denies generally the title alleged in the petition, or that he withholds the possession. If he denies the title only, possession by him shall be taken as admitted. When he does not def…

Ohio Rev. Code Ann. § 5303.05 Petition by tenant against cotenant

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In an action by a tenant in common of real property against a cotenant, the plaintiff must state, in addition to what is required in section 5303.03 of the Revised Code, that the defendant either denied the plaintiff's right, or did some act amounting to such denial.

Ohio Rev. Code Ann. § 5303.06 Recovery when right terminates during the action

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In an action for the recovery of real property, when the plaintiff shows a right to recover at the time the action was begun, but during its pendency his right has terminated, the verdict and judgment must be according to the fact, and the plaintiff may recover for the withholdin…

Ohio Rev. Code Ann. § 5303.07 Occupying claimant law

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In an action for the recovery of real property the parties may avail themselves of the benefit of sections 5303.08 to 5303.17, inclusive, of the Revised Code.

Ohio Rev. Code Ann. § 5303.08 Cases in which occupying claimant is paid for improvements

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A person who, without fraud or collusion on his part, obtained title to and is in the quiet possession of lands or tenements, claiming to own them, shall not be evicted or turned out of possession by any person who sets up and proves an adverse and better title, until the occupyi…

Ohio Rev. Code Ann. § 5303.09 Title under a sale for taxes

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In cases of lands sold for taxes the title by which the successful claimant succeeds against the occupying claimant is an adverse and better title under section 5303.08 of the Revised Code, whether it is the title under which the taxes were due and for which the land was sold, or…

Ohio Rev. Code Ann. § 5303.10 Entry of claim against occupying claimant

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The court rendering judgment against the occupying claimant in any case provided for in sections 5303.08 to 5303.17, inclusive, of the Revised Code, at the request of either party, shall cause a journal entry thereof to be made, and the action shall then proceed as other civil ac…

Ohio Rev. Code Ann. § 5303.11 Conduct of case

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For the trial of a question of fact remaining undisposed of, a jury shall be impaneled and sworn, and shall at once proceed to view the premises in question. After viewing the premises, the jury shall return to the courthouse and the trial shall proceed. After hearing the testimo…

Ohio Rev. Code Ann. § 5303.12 Setting verdict aside

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If either party is aggrieved by an assessment or valuation made by a jury under section 5303.11 of the Revised Code, he may apply to the court during the term at which the trial was had, by a motion to set aside the verdict, assessment, and valuation, and, upon good cause shown, …

Ohio Rev. Code Ann. § 5303.13 Judgment and execution on verdict for plaintiff

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If, under section 5303.11 of the Revised Code, the jury reports a sum in favor of the plaintiff in ejectment on the assessment and valuation of the valuable and lasting improvements, the assessment of damages for waste, and the net annual value of the rents and profits, the court…

Ohio Rev. Code Ann. § 5303.14 Proceedings if verdict is for occupying claimant

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If, under section 5303.11 of the Revised Code, the jury reports a sum in favor of the occupying claimant, on the assessment and valuation of the valuable and lasting improvements, deducting therefrom the damages, sustained by waste, together with the net annual value of the rents…

Ohio Rev. Code Ann. § 5303.15 Writ of possession

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If the successful claimant, his heirs, or their guardians, elect to, and do pay to the occupying claimant, the sum reported in his favor by the jury, within the time allowed therefor, then a writ of possession shall issue in favor of him, his heirs, or their guardians.

Ohio Rev. Code Ann. § 5303.16 Election by successful claimant to receive value of land

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If the successful claimant, his heirs, or their guardians, elect to receive the value of the land without the improvements assessed under section 5303.11 of the Revised Code, to be paid by the occupying claimant, and tender a general warranty deed of the land conveying such adver…

Ohio Rev. Code Ann. § 5303.17 Action by occupying claimant after election

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When an application is made for the value of improvements to land, the occupying claimant or his heirs shall not be evicted from the possession of such land except as provided in sections 5303.15 and 5303.16 of the Revised Code. When an election has been made by the successful cl…

Ohio Rev. Code Ann. § 5303.18 Authority to convey

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When two or more persons who own an interest in land become bound in writing for the sale and conveyance thereof, and one dies before the land is conveyed, the survivors, by petition against the purchaser, and the heirs or devisees of such deceased party, may be authorized to com…

Ohio Rev. Code Ann. § 5303.19 Petition to convey land

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The petition provided for in section 5303.18 of the Revised Code must set forth the names of all the contracting parties, describe the lands contracted for, state the time the contract was made, that it has been fully performed by the purchaser, and have a copy of the contract an…

Ohio Rev. Code Ann. § 5303.20 Judgment and deed to convey land

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If the court finds the allegations of the petition provided for in section 5303.18 of the Revised Code to be true, it may make an order authorizing the survivors to complete the contract by conveying the land. The deed shall recite the order, and shall convey as complete and perf…

Ohio Rev. Code Ann. § 5303.21 Sale of entailed and other estates

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(A) In an action by the tenant in tail or for life, or in an action by the grantee or devisee of a qualified or conditional fee, or of any other qualified, conditional, or determinable interest, or in an action by a person claiming under such tenant, grantee, or devisee, or in an…

Ohio Rev. Code Ann. § 5303.211 Estate held in trust sale or lease

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Where the estate sought to be sold or leased is held in trust under the jurisdiction of a probate court, an action may be brought by the trustee in the probate court of the county in which he was appointed or in which the estate subject to sale or lease or any part thereof is sit…

Ohio Rev. Code Ann. § 5303.22 Petition and defendants

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The petition for a sale of an estate described in section 5303.21 of the Revised Code shall contain a description of such estate, a clear statement of the interest of the plaintiff therein, and a copy of the will, deed, or other instrument of writing by which the estate is create…

Ohio Rev. Code Ann. § 5303.23 Order for sale and effect

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Upon the hearing, if it is proved that a sale of an estate described in section 5303.21 of the Revised Code would be for the benefit of the tenant in tail, or for life, and do no substantial injury to the heirs in tail, or others in expectancy, succession, reversion, or remainder…

Ohio Rev. Code Ann. § 5303.24 Sale may be had by consent

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All parties in interest may appear voluntarily, and consent in writing to a sale of an estate described in section 5303.21 of the Revised Code. Testamentary guardians, and guardians appointed by the probate court, in the place of their wards, also may assent to the sale.

Ohio Rev. Code Ann. § 5303.25 Report and confirmation of sale and deed

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A sale of an estate described in section 5303.21 of the Revised Code shall be reported to the court of common pleas authorizing such sale. On examination thereof, if it appears that the sale was fairly conducted and made, and that the price obtained is the reasonable value of the…

Ohio Rev. Code Ann. § 5303.26 Proceeds of sale

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All money arising from a sale of an estate described in section 5303.21 of the Revised Code, for purposes of descent, succession, reversion, or remainder, has the same character and is governed by the same principles as the estate sold, and passes according to the terms of the de…

Ohio Rev. Code Ann. § 5303.27 Investing money from sale of entailed estates - insurance

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Under the direction and approval of the court of common pleas, money arising from the sale of an estate described in section 5303.21 of the Revised Code and from the notes given for purchase money shall be invested in the bonds or other interest-bearing obligations of this state,…

Ohio Rev. Code Ann. § 5303.28 Trustees for entailed estates

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The court of common pleas shall appoint competent trustees to invest and manage the money referred to in section 5303.27 of the Revised Code. Such trustees, from time to time, must report to the court their proceedings and the condition of the fund. The court shall require of suc…

Ohio Rev. Code Ann. § 5303.29 Consolidation of actions or trusts

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Under the direction and approval of the court of common pleas, money arising from a sale of an estate described in section 5303.21 of the Revised Code, may be invested in bonds which are either a portion or the whole or an issue secured by a first mortgage or trust deed upon the …

Ohio Rev. Code Ann. § 5303.30 Income - payment of taxes and expenses

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The net income accruing from a sale of an estate described in section 5303.21 of the Revised Code shall be paid to the person who would be entitled to the use or income of the estate were it unsold. Taxes and the expenses of the investment and management of the fund shall be paid…

Ohio Rev. Code Ann. § 5303.31 Estates may be leased

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(A) Upon like proceedings as for the sale of an estate described in section 5303.21 of the Revised Code, but subject to division (B) of this section, the court of common pleas may direct that such estate be leased for a term of years, renewable or otherwise, with or without an op…

Ohio Rev. Code Ann. § 5303.32 Sale of property given for a religious use

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When real estate, except burial grounds or cemeteries, has been donated, bequeathed, or otherwise entrusted to, or purchased by any person or trustee, for public religious use, but not to or for the use of a specific or particular religious society or denomination, or when it has…

Ohio Rev. Code Ann. § 5303.33 Necessary parties to proceeding

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All persons who have vested, contingent, or reversionary interest in the real estate referred to in section 5303.32 of the Revised Code, and the trustees or other temporal officers of the religious society then using it, shall be made parties to such petition, and be notified of …

Ohio Rev. Code Ann. § 5303.34 Unlawfully extracting or exploiting minerals of another

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(A) As used in this section, "bad faith" means a trespass committed with either of the following: (1) Actual knowledge that the entry onto, and the extraction of minerals from, the property was unlawful; (2) Willful or wanton disregard for the lawful property or mineral rights of…