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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

100 sections·Filtered byTitle 53✕Ch 5309✕

Ohio Rev. Code Ann. § 5309.47 Encumbrances on registered land
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Whenever any registered land or interest therein is intended to be charged or made security in favor of any mortgagee, the mortgagor shall execute a mortgage deed. Whenever any such land is intended to be charged with, or made security for the payment of an annuity, rent charge, …
Ohio Rev. Code Ann. § 5309.48 Mortgage, encumbrance entered - mortgagee's duplicate certificate
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When a mortgage, encumbrance, or other instrument intended to create a lien upon or charge against registered land, as provided in section 5309.47 of the Revised Code, is filed in the county recorder's office, and the owner's duplicate certificate of title is produced, and it app…
Ohio Rev. Code Ann. § 5309.49 Filing and notation of instruments affecting registered land
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When any mortgage, lease, or other instrument affecting registered land, or any interest therein, is in duplicate, triplicate, or more parts, only one of the parts need be filed and kept in the county recorder's office, but the recorder shall note upon the register whether such i…
Ohio Rev. Code Ann. § 5309.50 Records in addition to registration
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The county recorder, upon the written request of a lessee, mortgagee, or encumbrancer, and payment of the proper fees, shall record the instrument filed in his office in volumes to be known respectively as "records of liens on registered land" and "record of leases on registered …

Ohio Rev. Code Ann. § 5309.51 Assignment of lease, encumbrance, or lien upon registered land - registration of waivers of priority of lien

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The holder of any mortgage, encumbrance, lease, charge, or lien upon registered land may execute to a transferee an assignment for the whole or any part of the mortgage, encumbrance, lease, charge, or lien, by endorsement of the assignment on the original instrument of encumbranc…

Ohio Rev. Code Ann. § 5309.52 Entry of release or discharge of encumbrance

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When any registered mortgage, encumbrance, lien, charge, or lesser estate, vested, contingent, expectant, or inchoate, is satisfied, released, extinguished, or terminated, in any manner in whole or in part, the mortgagee, encumbrancer, assignee, owner of lesser estate, or his leg…

Ohio Rev. Code Ann. § 5309.53 Decree or order of court a lien upon registered land

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No judgment or decree or order of a court shall be a lien upon or affect registered land, or any interest therein, until a certificate under the hand and official seal of the clerk of the court in which the case is entered, or of record, stating the date and purport of the judgme…

Ohio Rev. Code Ann. § 5309.54 Judgment of county court judge, mayor or other officer a lien upon registered land

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Whenever any transcript from the docket of a judge of a county court or mayor, or other officer or tribunal which may render judgments, is filed in the office of the clerk of the court of common pleas for a lien, the party, or his agent or attorney, filing such transcript shall n…

Ohio Rev. Code Ann. § 5309.55 Lien attaches in proceedings in execution and attachment

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When any registered land is levied upon or seized by virtue of any writ of attachment, execution, or other process, the officer making such levy or seizure shall forthwith file with the county recorder a certificate of the fact of such levy or seizure, stating the court from whic…

Ohio Rev. Code Ann. § 5309.56 Writ issued from county other than where land situated

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Whenever a sheriff or other officer seizes or levies upon any registered land by virtue of an execution, order of attachment, or other writ issued to him from a county other than the county in which the land is situated, such sheriff shall forthwith file with the county recorder …

Ohio Rev. Code Ann. § 5309.57 Accounts of mechanics or laborers constitute lien

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Whenever any attested account to obtain a mechanic's, material supplier's, or laborer's lien is filed in the office of the county recorder by which a lien is sought to be obtained upon any registered land, the county recorder shall forthwith make notation and enter a memorial the…

Ohio Rev. Code Ann. § 5309.58 Action or proceeding lis pendens

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No suit, action, or proceeding, pending in any court, affecting registered land or any interest therein or charge upon such land is lis pendens, or notice to any person dealing with such land, until a certificate of the pendency of such suit, bill, or proceeding, under the hand a…

Ohio Rev. Code Ann. § 5309.59 Certificate of sale must be presented to recorder - notation

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The holder of any certificate of sale of registered land, or any interest therein, for any tax, assessment, or imposition, shall forthwith present such certificate to the county recorder, who shall thereupon enter upon the registered certificate of title of the land a memorial th…

Ohio Rev. Code Ann. § 5309.60 No registration or certificate of title shall issue upon tax deed except on order of court

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A tax deed of registered land, or an interest therein, issued in pursuance of any sale for a tax, assessment, or other imposition, shall have only the effect of an agreement for the transfer of the title upon the register. Before any person dealing with such land is affected by s…

Ohio Rev. Code Ann. § 5309.61 Partition and sale confirmed only on report of examiner of titles

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In any suit or proceeding in any of the courts of record in this state in which registered land may be partitioned or sold, or the title to any part thereof, or to any interest in, or lien or charge upon such land may be transferred or affected by the orders or judgment of the co…

Ohio Rev. Code Ann. § 5309.62 Certificates of title issued to allottees in partition

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On the confirmation of the report of commissioners setting off registered lands in proceedings for partition, the parties to whom the lands are allotted shall cause a certified copy of the judgment or decree to be filed with the county recorder. Thereupon the recorder shall trans…

Ohio Rev. Code Ann. § 5309.63 Liens attach to lands set off in partition proceedings

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When any lien or interest exists upon or in an undivided interest in land, and such interest is set off in severalty in proceedings for partition, such lien or interest shall attach only to the lands so set off, and the county recorder shall note the same upon the register of the…

Ohio Rev. Code Ann. § 5309.64 Transfer of title under order of sale

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(A) Whenever registered land is sold to satisfy any judgment, decree, or order of a court, or the title is transferred or affected by a decree or judgment of a court, the purchaser, or the person in whose favor such decree was rendered, on filing with the county recorder a certif…

Ohio Rev. Code Ann. § 5309.65 Transfer of title by assignee or trustee - procedure

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Before an assignee or trustee for the benefit of creditors, receiver, master commissioner, special master commissioner, executor, or other person appointed by a court, shall deal with or transfer registered land, or any interest therein, such person shall file in the county recor…

Ohio Rev. Code Ann. § 5309.66 Optional registration of title to land sold in partition or by assignee or administrator

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In all suits to sell an estate in fee in the whole of unregistered land brought by an assignee or trustee for the benefit of creditors, commissioners of insolvents, receiver, master commissioner, administrator, executor, or other person appointed by a court, and in all suits to p…

Ohio Rev. Code Ann. § 5309.67 Nonconformity does not void proceedings

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No decree or order of sale or partition whether made before or after June 8, 1915, in any suit, action, or proceeding mentioned in section 5309.66 of the Revised Code, and no sale, conveyance, or partition, or decree confirming the same made in any such suit, action, or proceedin…

Ohio Rev. Code Ann. § 5309.68 Certificate of title - surrender - withdrawal

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Any person owning real estate, the title to which is registered, may request the withdrawal of such real estate from registration by presenting to the county recorder an affidavit of intention to withdraw. The affidavit shall describe the real estate, shall be properly executed a…

Ohio Rev. Code Ann. § 5309.69 Declaring trusts upon registered land - negotiations

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Trusts may be declared upon registered land, or upon any interest therein, by deed or other instrument in writing, fully and clearly defining the trusts, conditions, and limitations, and the powers and duties of the trustee and giving his name, residence, and post-office address …

Ohio Rev. Code Ann. § 5309.70 Attachment of rights of dower and homestead

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Rights of dower and to an exemption under division (A)(1) of section 2329.66 of the Revised Code shall attach to registered land, subject to the limitations contained in sections 5309.02 to 5310.21 of the Revised Code, but unless it appears on the last registered certificate of t…

Ohio Rev. Code Ann. § 5309.71 Proceedings in eminent domain

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When registered land, or any interest therein, is sought to be taken in the exercise of the right of eminent domain, notice of the proceedings with a pertinent description of the lands sought to be appropriated together with the name of the owner, shall be filed with the county r…

Ohio Rev. Code Ann. § 5309.72 Proceedings by adverse claimant

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Any person asserting any interest, claim, or lien, not shown upon the register, in or against registered land adverse to the title of any registered owner, when no provision is made by sections 5309.02 to 5310.21, inclusive, of the Revised Code, for registering such interest, cla…

Ohio Rev. Code Ann. § 5309.73 Notice by claimant to registered owner

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In all cases provided for in section 5309.72 of the Revised Code the claimant shall, within ten days after filing an affidavit described in such section, notify the registered owner by registered letter with five days' return card thereon, directed to such owner's registered addr…

Ohio Rev. Code Ann. § 5309.74 Power of attorney must be filed with county recorder - revocation

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Before any person can convey, transfer, charge, or deal with any registered land, or any interest therein, as an attorney in fact for another, the deed or instrument empowering such person to so act shall be filed with the county recorder, and a memorial thereof entered upon the …

Ohio Rev. Code Ann. § 5309.75 Statements in instrument constituting a person an attorney in fact

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The deed or instrument constituting a person an attorney in fact shall contain:(A) The full name of the party appointing, and of the person appointed, and the residence and post-office address of each;(B) The number of the outstanding certificate of title, and the volume and foli…

Ohio Rev. Code Ann. § 5309.76 Alterations or erasures not permitted - exceptions

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(A) After a title is registered and a certificate of title is issued for the registered land or after a memorandum, notation, or memorial is made on the register of titles and attested, no alteration or erasure shall be made in the register except in the manner provided in this s…

Ohio Rev. Code Ann. § 5309.77 Effect of instruments dealing with registered land

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A deed, mortgage, lease or other instrument purporting to convey, transfer, mortgage, lease, charge, or otherwise deal with registered land, or any interest therein, or charge upon such land, other than a will, or a lease for a term not exceeding three years when the land is in t…

Ohio Rev. Code Ann. § 5309.78 Application for continuation and certification of duplicate certificate of title

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The holder of a duplicate certificate of title may at any time present such duplicate certificate to the county recorder and request him to continue such duplicate certificate to date and enter thereon all memorials and notations on the registered certificate of title, not appear…

Ohio Rev. Code Ann. § 5309.79 References required in instruments transferring title or creating or discharging liens

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Every voluntary instrument intended to be used in transferring any title or estate in registered land, or in creating any lien or charge thereon, or assigning, releasing, or discharging any lien or charge, in whole or in part, and every certificate or other paper filed with the c…

Ohio Rev. Code Ann. § 5309.80 Statements or indorsements contained in instruments presented for registration

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Every deed or other voluntary instrument which is presented for registration, and every instrument or paper filed with the county recorder by any person or officer under sections 5309.02 to 5310.21, inclusive, of the Revised Code, or any amendment thereof, for the purpose of acqu…

Ohio Rev. Code Ann. § 5309.81 Parties to suit or proceeding involving registered land

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In all suits and proceedings in any of the courts of this state in which any estate or interest in, or lien or charge upon registered land is in any way involved or affected, or any registered land is to be sold, or the title otherwise transferred, all persons shown by the regist…

Ohio Rev. Code Ann. § 5309.82 Notice to registered owner upon the filing of instruments

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When any voluntary instrument of transfer, encumbrance, assignment, release, or satisfaction is filed, the county recorder shall at once give notice of such filing to the registered owner or holder by letter mailed to his registered address, unless such registered owner or holder…

Ohio Rev. Code Ann. § 5309.83 Notice of appeal - petition, bond, and transcript

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Any person feeling himself aggrieved by the action, finding, or decision of the county recorder, or by his refusal to act, in any matter pertaining to the first registration of land, or any subsequent transfer, or charge, lien, interest, or estate in or upon such land, or by the …

Ohio Rev. Code Ann. § 5309.84 Right to appeal on questions of law and fact or on questions of law to court of appeals

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Except as otherwise provided in this chapter or Chapter 5310. of the Revised Code, the parties agrieved by the final order, judgment, or decree of the probate court or the court of common pleas provided for in any matters, proceedings, suits, or actions under those chapters, may …

Ohio Rev. Code Ann. § 5309.85 Burdens and incidents of registered land

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Registered land, and ownership therein, except as otherwise provided in sections 5309.02 to 5310.21, inclusive, of the Revised Code, shall in all respects be subject to the same burdens and incidents which attach by law to unregistered land. Such sections shall not relieve regist…

Ohio Rev. Code Ann. § 5309.86 Signature of county recorder on paper and electronic instruments

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(A) Every memorial, notation, or cancellation of such memorial or notation, made on any certificate of title or duplicate thereof that is kept by paper means shall be signed by the county recorder or the recorder's authorized deputy or clerk. (B) If a county recorder maintains re…

Ohio Rev. Code Ann. § 5309.87 Mistakes

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No petition, order, affidavit, certificate, registration, or other proceeding under sections 5309.02 to 5310.21, inclusive, of the Revised Code, shall be invalid by reason of any informality, mistake, or technical irregularity therein not affecting the substantial justice of the …

Ohio Rev. Code Ann. § 5309.88 Death of maker before registration

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If any person, whether grantor, grantee, mortgagor, mortgagee, lessor, lessee, or other person in interest, dies after the execution of any instrument affecting land and before registration thereof, the registration of such instrument may be proceeded with in accordance with sect…

Ohio Rev. Code Ann. § 5309.89 Title by prescription or adverse possession

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No title to registered real property in derogation of that of the registered owner shall be acquired by prescription or adverse possession.

Ohio Rev. Code Ann. § 5309.91 Enforcement of charges

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All charges upon registered land, or any interest in such land may be enforced as provided by law, except as provided by sections 5309.02 to 5310.21, inclusive, of the Revised Code.

Ohio Rev. Code Ann. § 5309.92 Transfers

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Voluntary transfer or encumbrance of a registered estate or any interest therein shall be made only as prescribed by sections 5309.02 to 5310.21 of the Revised Code, and by entry on the register of land titles. No estate, legal or equitable, in registered land, shall pass by a me…

Ohio Rev. Code Ann. § 5309.93 Effective liens

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No statutory or other lien except taxes and assessments, lawfully levied, and liens, claims, or rights arising or existing under the laws or constitution of the United States prior to October 4, 1933, shall affect the title to registered land, until after such lien is noted upon …

Ohio Rev. Code Ann. § 5309.94 Serving and waiver of notices

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All notices required under sections 5309.02 to 5310.21, inclusive, of the Revised Code, shall be served in the same manner as required by law for service of summons or like notices.In any suit or proceeding for registering land, or any interest therein, or lien thereon, or in rel…

Ohio Rev. Code Ann. § 5309.95 Materials furnished by board of county commissioners

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All books, blanks, papers, and other things necessary for administering this chapter and Chapter 5310. of the Revised Code, including, but not limited to, equipment, machines, and materials related to the registered land functions of a county recorder and the maintenance of regis…

Ohio Rev. Code Ann. § 5309.96 Instruments shall not be taken from office - copies

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No record, instrument, paper, or other document required by this chapter or Chapter 5310. of the Revised Code to be filed or kept in the office of the county recorder, including, but not limited to, any registered land record maintained by nonpaper means under division (A) of sec…

Ohio Rev. Code Ann. § 5309.98 Rules of practice and procedure

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Except for registered land records maintained by nonpaper means under division (A) of section 5309.031 of the Revised Code, which shall be governed by the rules adopted under division (C) of that section, the court of appeals in any appellate district may prescribe rules of pract…