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Ohio Statutes, Title 53

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Title 53, Real Property

14 chapters · 450 sections in this title.

All chapters in Title 53450 Ch 5301, Conveyances; Encumbrances109 Ch 5309, Registration Of Land Titles100 Ch 5311, Condominium Property36 Ch 5303, Actions Relating To Realty35 Ch 5302, Statutory Forms Of Land Conveyance29 Ch 5310, Registration Of Land Titles28 Ch 5307, Partition26 Ch 5321, Landlords And Tenants23 Ch 5305, Dower22 Ch 5312, Ohio Planned Community Law16 Ch 5313, Land Installment Contracts10 Ch 5322, Storage Facilities6 Ch 5315, D.o.l.l.a.r. Deed Program5 Ch 5323, Residential Rental Property5

450 sections·Filtered byTitle 53✕

Ohio Rev. Code Ann. § 5301.88 Filing and recording of environmental covenants
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(A) Except as otherwise provided in division (B) of this section, an environmental covenant and any amendment or termination of the environmental covenant shall be filed in the office of the county recorder of each county in which the real property that is subject to the environm…
Ohio Rev. Code Ann. § 5301.89 Environmental covenant perpetual - exceptions - judicial termination - limitation
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(A) An environmental covenant is perpetual unless any of the following applies: (1) The environmental covenant is limited by its terms to a specific duration or is terminated by its terms by the occurrence of a specific event. (2) The environmental covenant is terminated by conse…
Ohio Rev. Code Ann. § 5301.90 Amendment or termination of environmental covenant by consent - assignment
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(A) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by all of the following: (1) The applicable agency; (2) Unless waived by that agency, the current owner of the fee simple of the real property that is subject to t…
Ohio Rev. Code Ann. § 5301.91 Civil action for violation - regulatory authority - liability

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(A) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by any of the following: (1) A party to the environmental covenant specified in division (A) of section 5301.90 of the Revised Code that is not otherwise speci…

Ohio Rev. Code Ann. § 5301.92 Preemption of federal electronic signatures statute

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Sections 5301.80 to 5301.92 of the Revised Code modify, limit, or supersede the "Electronic Signatures in Global and National Commerce Act," 114 Stat. 464 (2000), 15 U.S.C. 7001 et seq., as amended, except that sections 5301.80 to 5301.92 of the Revised Code do not modify, limit,…

Ohio Rev. Code Ann. § 5301.93 Residential PACE lien priority

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(A) As used in this section: (1) "PACE" means property assessed clean energy. (2) "Qualifying residential real property" means a single family residential dwelling, or other residential dwelling of three or fewer units. (3) "Residential PACE lien" means the encumbrance on the qua…

Ohio Rev. Code Ann. § 5301.94 Right-to-list home sale agreements

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(A) As used in this section, "right-to-list home sale agreement" has the same meaning as in section 4735.01 of the Revised Code. (B) A right-to-list home sale agreement executed, modified, or extended after the effective date of this section is void ab initio and unenforceable. (…

Ohio Rev. Code Ann. § 5301.95 Residential real property wholesalers

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(A) For the purposes of this section: (1) "Residential real property" means real property that is improved by a building or other structure that has one to four dwelling units. (2)(a) "Wholesaler" means a person or entity that for a fee, commission, or other valuable consideratio…

Ohio Rev. Code Ann. § 5301.99 Penalty

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(A) Any individual, corporation, or other business entity that violates section 5301.254 of the Revised Code shall be fined not less than five thousand dollars nor more than an amount equal to twenty-five percent of the market value of the real property or mineral or mining right…

Ohio Rev. Code Ann. § 5302.01 Statutory forms

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The forms set forth in sections 5302.05, 5302.07, 5302.09, 5302.11, 5302.12, 5302.14, 5302.17, and 5302.31 of the Revised Code may be used and shall be sufficient for their respective purposes. They shall be known as "Statutory Forms" and may be referred to as such. They may be a…

Ohio Rev. Code Ann. § 5302.02 Rules and definitions applicable to all instruments relating to real estate

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The rules and definitions contained in sections 5302.03, 5302.04, 5302.06, 5302.08, 5302.10, 5302.13, 5302.17, 5302.18, 5302.19, 5302.20, and 5302.21 of the Revised Code apply to all deeds or other instruments relating to real estate, whether the statutory forms or other forms ar…

Ohio Rev. Code Ann. § 5302.03 Use of word grant

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In a conveyance of real estate or any interest therein, the word "grant" is a sufficient word of conveyance without the use of more words. No covenant shall be implied from the use of the word "grant."

Ohio Rev. Code Ann. § 5302.04 All interest conveyed unless otherwise stated in instrument

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In a conveyance of real estate or any interest therein, all rights, easements, privileges, and appurtenances belonging to the granted estate shall be included in the conveyance, unless the contrary is stated in the deed, and it is unnecessary to enumerate or mention them either g…

Ohio Rev. Code Ann. § 5302.05 General warranty deed form

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A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee's heirs, assigns, and successors, to the grantee's and the grant…

Ohio Rev. Code Ann. § 5302.06 General warranty covenants meaning and effect

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In a conveyance of real estate, or any interest therein, the words "general warranty covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple o…

Ohio Rev. Code Ann. § 5302.07 Limited warranty deed form

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A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee's heirs, assigns, and successors, to the grantee's and the grant…

Ohio Rev. Code Ann. § 5302.08 Limited warranty covenants meaning and effect

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In a conveyance of real estate, or any interest therein, the words "limited warranty covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that the granted premises are free from al…

Ohio Rev. Code Ann. § 5302.09 Deed of executor, administrator, trustee, guardian, receiver, or commissioner form

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A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee's heirs, assigns, and successors, to the grantee's and the grant…

Ohio Rev. Code Ann. § 5302.10 Fiduciary covenants meaning and effect

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In a conveyance of real estate, or any interest therein, the words "fiduciary covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that he is duly appointed, qualified, and acting …

Ohio Rev. Code Ann. § 5302.11 Quit-claim deed form

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A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee's heirs, assigns, and successors, and to the grantee's and the g…

Ohio Rev. Code Ann. § 5302.12 Mortgage form

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A mortgage in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a mortgage to the use of the mortgagee and the mortgagee's heirs, assigns, and successors, with mortgage cove…

Ohio Rev. Code Ann. § 5302.13 Mortgage covenants meaning and effect

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In a mortgage of real estate, or any interest therein, the words "mortgage covenants" have the full force, meaning, and effect of the following words, and shall be applied and construed accordingly: "The mortgagor covenants with the mortgagee and his heirs, assigns, and successor…

Ohio Rev. Code Ann. § 5302.14 Statutory condition meaning and effect

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In a mortgage of real estate, or any interest therein, the words "statutory condition" have the full force, meaning, and effect of the following words and shall be applied and construed accordingly: "Provided, nevertheless, except as otherwise specifically stated in the mortgage,…

Ohio Rev. Code Ann. § 5302.15 Master mortgage form

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An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage may be recorded in the official records of any county. Every such instrument shall be entitled "Master Mortgage Form Recorded By (name of the person causing the…

Ohio Rev. Code Ann. § 5302.16 Master mortgage form incorporated by reference

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The provisions of a master mortgage form recorded pursuant to section 5302.15 of the Revised Code may be incorporated by reference in any mortgage of real property situated in the county where such master mortgage form is recorded, by stating in such mortgage the volume and page …

Ohio Rev. Code Ann. § 5302.17 Survivorship deed form

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A deed conveying any interest in real property to two or more persons, and in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, creates a survivorship tenancy in the grantees, and upon the death of any…

Ohio Rev. Code Ann. § 5302.171 Affidavit for successor trustee

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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 any co-trustee of the trust shall file with the county auditor and the county recorder of the county in w…

Ohio Rev. Code Ann. § 5302.18 Grantor also a grantee

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A deed in which a grantor is also a grantee is effective to convey the interest in the title of the grantor or grantors to all of the grantees in the proportion and manner indicated in the deed.

Ohio Rev. Code Ann. § 5302.19 Tenancy in common

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Except as provided in sections 5302.17, 5302.20, and 5302.21 of the Revised Code, if any interest in real property is conveyed or devised to two or more persons, such persons hold title as tenants in common and the joint interest created is a tenancy in common.

Ohio Rev. Code Ann. § 5302.20 Survivorship tenancy

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(A) Except as provided in section 5302.21 of the Revised Code, if any interest in real property is conveyed or devised to two or more persons for their joint lives and then to the survivor or survivors of them, those persons hold title as survivorship tenants, and the joint inter…

Ohio Rev. Code Ann. § 5302.21 Prior tenancy by the entireties or survivorship tenancy

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(A) Sections 5302.17 to 5302.20 of the Revised Code do not affect deeds that were executed and recorded prior to the effective date of this section and that created a tenancy by the entireties in a husband and wife pursuant to section 5302.17 of the Revised Code as it existed pri…

Ohio Rev. Code Ann. § 5302.22 Transfer on death deed form

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(A) As used in sections 5302.22, 5302.222, 5302.23, and 5302.24 of the Revised Code: (1) "Affidavit of confirmation" means an affidavit executed under division (A) of section 5302.222 of the Revised Code. (2) "Survivorship tenancy" means an ownership of real property or any inter…

Ohio Rev. Code Ann. § 5302.221 Transfer on death deed medicaid estate recovery form

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(A) As used in this section, "medicaid estate recovery program" means the program instituted under section 5162.21 of the Revised Code. (B) The administrator of the medicaid estate recovery program shall prescribe a form on which a beneficiary of a transfer on death designation a…

Ohio Rev. Code Ann. § 5302.222 Transfer of deceased's real property; Recording; Affidavit of confirmation

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(A) The transfer of a deceased owner's real property or interest in real property as designated in a transfer on death designation affidavit provided in section 5302.22 of the Revised Code shall be recorded by presenting to the county auditor of the county in which the real prope…

Ohio Rev. Code Ann. § 5302.23 Designating transfer on death beneficiary

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(A) Any affidavit containing language that shows a clear intent to designate a transfer on death beneficiary shall be liberally construed to do so. (B) Real property or an interest in real property that is the subject of a transfer on death designation affidavit as provided in se…

Ohio Rev. Code Ann. § 5302.24 Affect of R.C. 5302.22, 5302.222, and 5302.23

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Except as otherwise provided in divisions (B)(12) and (C) of section 5302.23 of the Revised Code, sections 5302.22, 5302.222, and 5302.23 of the Revised Code do not affect any deed that was executed and recorded prior to December 28, 2009, or any transfer on death beneficiary des…

Ohio Rev. Code Ann. § 5302.30 Property disclosure form required for all residential real property transfers

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(A) As used in this section: (1) "Good faith" means honesty in fact in a transaction involving the transfer of residential real property. (2) "Land installment contract" has the same meaning as in section 5313.01 of the Revised Code. (3) "Political subdivision" and "state" have t…

Ohio Rev. Code Ann. § 5302.31 Private selling officer's deed; form

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A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee's heirs, assigns, and successors, to the grantee's and the grant…

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, …