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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. § 5307.05 Writ of partition
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A writ of partition issued under section 5307.04 of the Revised Code may be directed to the sheriff of any of the counties in which any part of the estate lies and shall command the sheriff that, by the oaths of the commissioner or commissioners, the sheriff shall cause to be set…
Ohio Rev. Code Ann. § 5307.06 Duty of commissioners in making partition
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In making a partition, the commissioner or commissioners shall view and examine the estate and, on their oaths and having due regard to the improvements, situation, and quality of the different parts, set it apart in lots that will be most advantageous and equitable. If the commi…
Ohio Rev. Code Ann. § 5307.07 Partition of multiple tracts
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When partition of more than one tract is demanded, the commissioner or commissioners shall set off to each plaintiff or interested party the plaintiff's or interested party's proper proportion in each of the several tracts unless the tracts are owned by the same proprietors in li…
Ohio Rev. Code Ann. § 5307.08 Amicable partition

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Before a writ of partition is issued under section 5307.04 of the Revised Code, the person of whom partition is demanded may appear in the court of common pleas in person or by attorney and consent to a partition of the estate agreeable to the prayer and facts set forth in the pe…

Ohio Rev. Code Ann. § 5307.09 Proceedings where estate cannot be divided without loss of value

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When the commissioner or commissioners are of opinion that the estate cannot be divided according to the demand of the writ of partition without manifest injury to its value, the commissioner or commissioners shall return that fact to the court of common pleas with a just valuati…

Ohio Rev. Code Ann. § 5307.10 Terms of payment when estate taken by party - execution of conveyance

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If one or more of the parties in the action for partition elects to take the estate at the appraised value, unless on good cause shown by special order the court of common pleas directs the entire payment to be made in cash, or all the parties in interest agree thereon, the terms…

Ohio Rev. Code Ann. § 5307.11 Sale of estate when no election made

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If no party elects to take the estate, at the insistence of a party, the court of common pleas may order a sale of the estate at public auction by one of the following: (A) The sheriff who executed the writ of partition or the sheriff's successor in office; (B) An auctioneer who …

Ohio Rev. Code Ann. § 5307.12 Conduct of sale - terms

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(A) A sale of an estate under section 5307.11 of the Revised Code shall be made as follows: (1) If the sale is made by a sheriff, the sale shall be made at the door of the courthouse, unless for good cause the court of common pleas directs it to be made on the premises. The sale …

Ohio Rev. Code Ann. § 5307.13 Confirmation of sale and execution of conveyance

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On the return of the proceedings to sell the estate, the court of common pleas shall examine them. If a sale has been made, and the court approves it, the sheriff shall execute and deliver a deed to the purchaser on receiving payment of the consideration money, or taking sufficie…

Ohio Rev. Code Ann. § 5307.14 Distribution of proceeds; auctioneer's compensation and reimbursement for expenses; sheriff's liability

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(A) Subject to division (B) of this section, the money or securities arising from a sale of, or an election to take an estate, shall be distributed and paid, by order of the court of common pleas, to the parties entitled to the money or securities, in lieu of their respective par…

Ohio Rev. Code Ann. § 5307.15 Proceedings when estate has been once offered and not sold

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When the estate has been offered once and not sold, alias writs for its sale may issue as often as need be. The court of common pleas may order a revaluation by up to three suitable disinterested persons and direct a sale of the estate at not less than two thirds of the revaluati…

Ohio Rev. Code Ann. § 5307.16 Execution and delivery by sheriff or officer performing duties of sheriff where property not conveyed

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If an officer or auctioneer has not conveyed land sold or elected to be taken in a proceeding for partition, the court of common pleas on being first satisfied that such sale or election was regularly made, and that the purchase money has been fully paid or secured, on motion, ma…

Ohio Rev. Code Ann. § 5307.17 Dower assigned to widow - exceptions

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(A) When a widow is entitled to dower in an estate of which partition is sought, dower must be assigned her in the estate, except in the following cases: (1) When an assignment of dower already has been made; (2) When, by answer, she has elected to be endowed out of the proceeds …

Ohio Rev. Code Ann. § 5307.18 Commissioners to set off dower

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The commissioner or commissioners shall set off to a widow her dower in the estate under section 5307.17 of the Revised Code. In the performance of that duty, the commissioner or commissioners shall be governed by, and the proceedings shall conform to, sections 5305.01 to 5305.22…

Ohio Rev. Code Ann. § 5307.19 Power of guardian to act for ward in partition

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As used in this section and section 5307.20 of the Revised Code, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that …

Ohio Rev. Code Ann. § 5307.20 Powers of foreign guardian

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A person appointed according to the laws of any other state or country to take charge of the estate of an incompetent person not a resident of this state, upon being authorized in this state to take charge of such estate situated therein, may act in the partition of the estate th…

Ohio Rev. Code Ann. § 5307.21 Actions by one coparcener against another

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One tenant in common, or coparcener, may recover from another tenant in common, or coparcener his share of rents and profits received by such tenant in common or coparcener from the estate, according to the justice and equity of the case. One coparcener may maintain an action of …

Ohio Rev. Code Ann. § 5307.22 Partition of property belonging to religious corporations

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When two or more religious denominations, or other societies, or associations, have united in a corporation, and as such corporation acquire title to real estate in this state, and they subsequently agree to separate and form two or more corporations under the laws of this state,…

Ohio Rev. Code Ann. § 5307.23 Partition of property belonging to religious societies

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When two or more religious societies or congregations, by gift or purchase have acquired land upon which to erect a house of public worship, and other buildings for church or school purposes, and for a cemetery, in common, and either of such societies or congregations desires to …

Ohio Rev. Code Ann. § 5307.24 Effect of partition of religious property

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If the court of common pleas finds that partition, in cases mentioned in section 5307.23 of the Revised Code, can be so made as to occasion no confusion or inconvenience to either party in the separate use of the common property, it may order the partition thereof. The judgment s…

Ohio Rev. Code Ann. § 5307.25 Costs and expenses to be equitably taxed

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Having regard to the interest of the parties, the benefit each may derive from a partition, and according to equity, the court of common pleas shall tax the costs and expenses which accrue in the action, including reasonable counsel fees, which must be paid to plaintiff's counsel…

Ohio Rev. Code Ann. § 5309.01 Registration of land title definitions

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As used in this chapter and Chapter 5310. of the Revised Code: (A) "Certificate of title" includes all memorials and notations noted under a certificate of title. (B) "Trust deed in the nature of a mortgage" is a mortgage and subject to the same rules as a mortgage. (C) "Probate …

Ohio Rev. Code Ann. § 5309.02 Jurisdiction of the court of common pleas and the probate court

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Concurrent jurisdiction, except as otherwise provided, is hereby conferred upon the court of common pleas and the probate court in all maters arising under sections 5309.02 to 5310.21, inclusive, of the Revised Code. The probate court shall have all the powers at law and in equit…

Ohio Rev. Code Ann. § 5309.03 Powers of the county recorder

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To carry out sections 5309.02 to 5310.21, inclusive, of the Revised Code, the county recorder may administer oaths, issue subpoenas, summons, and other process, serve and cause notices to be served, enforce the attendance of and examine witnesses, compel the production of papers …

Ohio Rev. Code Ann. § 5309.031 Maintain registered land records by use of photographic, magnetic, electronic, or certain other processes means, or displays

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(A) Notwithstanding any provision of this chapter or Chapter 5310. of the Revised Code to the contrary, and in accordance with the rules adopted by the county recorder under division (C) of this section, the recorder may perform any of the following functions by nonpaper means: (…

Ohio Rev. Code Ann. § 5309.04 Examiners of titles - qualifications, bond, duties

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The court of common pleas in each county shall appoint, subject to removal at any time by said court, one or more examiners of titles, who shall be officers of the court and competent attorneys at law with skill and experience in the examination of titles to real estate. Each exa…

Ohio Rev. Code Ann. § 5309.05 Persons permitted to have title to land registered

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The persons who, singly or collectively, claim to own and to be seized of, or to have the power of appointing or disposing of, the legal or equitable estate in fee in and to the whole of any parcel of land, may personally or through an attorney in fact, authorized by an instrumen…

Ohio Rev. Code Ann. § 5309.06 Estates or interests which may be registered - procedure

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No estate less than a fee simple and no mortgage, lien, or charge of any kind shall be registered unless the fee in possession, remainder, or reversion or other character of fee in and to the land has been registered first or is registered at the same time. If the estate of the a…

Ohio Rev. Code Ann. § 5309.07 Tax deed entitled to be registered

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No title derived from any tax sale or tax deed may be registered unless it appears that title under said tax sale or tax deed has been established and confirmed, or acquired, by a valid judgment or decree of a court of competent jurisdiction, or that the applicant and those from …

Ohio Rev. Code Ann. § 5309.08 Application to register title

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Application to register the title to land or to any interest therein shall be made by petition, as in the commencement of a civil action, filed in the probate court or court of common pleas of the county in which the land is situated. When the application is filed, the clerk of t…

Ohio Rev. Code Ann. § 5309.081 Death of survivorship tenant transfer of interest

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When an interest in title to registered land is vested in two or more persons as a survivorship tenancy and one of the survivorship tenants dies, the interest of the decedent shall be transferred by presenting to the county auditor and filing with the county recorder either a cer…

Ohio Rev. Code Ann. § 5309.082 Survivorship tenant medicaid estate recovery form

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(A) As used in this section: "Estate" has the same meaning as in section 5162.21 of the Revised Code. "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 pre…

Ohio Rev. Code Ann. § 5309.09 Contents of application

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The application to register the title to land or to any interest in land shall be signed and sworn to by each applicant or by an authorized person for each applicant. In addition to any other appropriate, relevant, and material matter, the application shall set forth substantiall…

Ohio Rev. Code Ann. § 5309.10 Assent by spouse

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If the application to register the title to land or to any interest in land is made by a married person, the spouse of that person shall signify the spouse's assent to the registration as prayed for by endorsement on the application acknowledged as a deed, or by a separate instru…

Ohio Rev. Code Ann. § 5309.11 Application by nonresident

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If the application to register the title to land or to any interest therein is made by a nonresident of the state, he shall, in his petition, or in a separate paper to be filed in the case, give the name, residence, and post-office address of someone residing in the state, upon w…

Ohio Rev. Code Ann. § 5309.12 Parties

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The applicant desiring to register the title to land or to any interest therein shall be regarded as plaintiff and all other persons named in the application and to be affected by the decree shall by name be entered in the caption of the petition and treated as defendants, and al…

Ohio Rev. Code Ann. § 5309.13 Record and index of applications

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After the filing of the application to register the title to land or to any interest therein and before registration, the land described in such application may be dealt with and instruments relating thereto may be recorded and indexed, in the same manner as if no such applicatio…

Ohio Rev. Code Ann. § 5309.14 Application referred to examiner of titles for investigation - report

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Immediately after the filing of the application to register the title to land or to any interest therein, the probate court or the court of common pleas shall enter an order referring it to one of the examiners of titles, who shall search the records and investigate all facts sta…

Ohio Rev. Code Ann. § 5309.15 Publication of notice of filing and substance of application

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After the investigation authorized by section 5309.14 of the Revised Code, if, in the opinion of the examiner of titles, the applicant has a good title as alleged, and proper for registration, or if the applicant after an adverse opinion of the examiner elects to proceed further,…

Ohio Rev. Code Ann. § 5309.16 Answer day

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The answer day of the notice set forth in section 5309.15 of the Revised Code shall be the third Saturday after the publication is completed. The probate court or the court of common pleas shall within seven days after the first publication of said notice in a newspaper, cause a …

Ohio Rev. Code Ann. § 5309.17 Guardian ad litem - duties, compensation

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When proof of service of all orders of notice issued and when the probate court or the court of common pleas is satisfied that all necessary defendants are properly before the court, the court shall appoint a disinterested person, other than the examiner of titles by whom the tit…

Ohio Rev. Code Ann. § 5309.18 Answer or cross-petition in land registration case

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Any person who claims an interest in, or who may be affected by the judgment in a land registration case, whether or not named in the notice required by section 5309.15 of the Revised Code, may appear and file an answer or other pleas on or before the answer day, or within such f…

Ohio Rev. Code Ann. § 5309.19 Order of default and decree of title and registration - final order

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If no person appears and answers or files other plea to an application in a land registration case within the time allowed, after the appointment of a guardian ad litem and the filing of an answer by him as required in section 5309.17 of the Revised Code, the probate court or the…

Ohio Rev. Code Ann. § 5309.20 Cause may be referred to examiner of titles for hearing and report

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If, in any land registration case, an answer is filed raising an issue, the cause shall be set down for hearing on the motion of either party. The probate court or the court of common pleas may refer the cause or any part thereof to one of the examiners of titles as master, to he…

Ohio Rev. Code Ann. § 5309.21 Effect of decree dismissing application

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In a land registration case, if the probate court or the court of common pleas finds that the applicant does not have a title proper for registration, a decree shall be entered dismissing the application. Such decree may be ordered to be without prejudice, in whole or in part; bu…

Ohio Rev. Code Ann. § 5309.22 Death of applicant

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If the applicant in a land registration case dies between the filing of the application and the final decree thereon, the proceedings shall not abate, but shall be completed in the name of the widow or widower and heirs and devisees of the applicant. If the probate court or the c…

Ohio Rev. Code Ann. § 5309.23 Decree of confirmation and registration - effect

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If the probate court or the court of common pleas after a hearing in a land registration case finds that the applicant has title in whole or in part as stated in his application, and proper for registration, then to the extent of the title so found a decree of confirmation and re…

Ohio Rev. Code Ann. § 5309.24 Contents of decree of registration

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(A) Every decree of registration in land registration cases shall bear the year, month, day, hour, and minute of its entry and shall be signed by the clerk of the probate court. It shall give the place of residence and post-office address of the owner of the land registered, stat…

Ohio Rev. Code Ann. § 5309.25 Register of titles - duties of county recorder and clerk

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(A) Immediately upon the entry of the decree of registration as provided in sections 5309.23 and 5309.24 of the Revised Code, the clerk of the probate court or the clerk of the court of common pleas shall send a certified copy of the decree, under the seal of the court, to the co…

Ohio Rev. Code Ann. § 5309.26 Entering original certificate of title

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The certificate of title first registered in pursuance of a decree of registration in regard to any parcel of land shall, in the register of titles, be entitled "Original certificate of title, entered pursuant to decree of the _________ court, dated at _______ (stating time and p…