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Ohio Statutes, Title 53

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Ohio/Statutes

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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. § 5309.27 Certificates to owners as tenants in common - duplicate certificates
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If two or more persons are registered owners as tenants in common, or otherwise, of undivided interests in land, one owner's duplicate certificate of title may be issued for the whole land, or the owner of a separate or undivided interest may, upon the return and cancellation or …
Ohio Rev. Code Ann. § 5309.28 Holder of certificate of title holds free from encumbrances - exceptions
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(A) Every applicant in a land registration case who, without fraud on the applicant's part, receives a certificate of title in pursuance of a decree of registration and every subsequent purchaser of registered land who takes a certificate of title for value and in good faith shal…
Ohio Rev. Code Ann. § 5309.281 Restrictive covenants constituting unlawful discriminatory practices
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On and after the effective date of this section, no county recorder shall do any of the following: (A) Transcribe or bind in the register of titles and, if applicable, file a certified copy of a decree of registration sent by the clerk of a probate court pursuant to section 5309.…
Decree and certificate of title run with the land

Showing 251–300 of 450

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Ohio Rev. Code Ann. § 5309.29

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The obtaining of a decree of registration and receiving a certificate of title is an agreement running with the land that the land shall, unless the owner complies with the provisions of section 5309.68 of the Revised Code or unless a resolution of abolition is implemented under …

Ohio Rev. Code Ann. § 5309.30 Signature and address of owner taken and preserved

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The county recorder shall take from the owner of any registered property, right, interest, lien, or charge, in every case in which it is practicable to do so, the owner's receipt or signature card, giving the residence and post-office address, for the certificate of title, or wha…

Ohio Rev. Code Ann. § 5309.31 Lost or destroyed certificate of title

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If a duplicate certificate of title is lost or destroyed, the owner, together with other persons having knowledge of the circumstances, may make affidavit before the county recorder, stating the facts of the case, the names and residences of the registered owners, and such other …

Ohio Rev. Code Ann. § 5309.32 Records of surveys of registered land

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The county recorder shall keep books to be known as "records of surveys of registered land," in which the recorder shall accurately copy each survey ordered by the probate court or the court of common pleas in the original or any subsequent registration. The volume and page of su…

Ohio Rev. Code Ann. § 5309.33 Tract and alphabetical indexes

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(A) The county recorder shall keep tract indexes if the board of county commissioners orders the recorder to do so and provides the proper records for those indexes. In those indexes, the recorder shall enter the lands registered in the numerical order of the townships, ranges, a…

Ohio Rev. Code Ann. § 5309.34 Transferee of registered land not on notice or inquiry

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Except in case of fraud, and except as provided in sections 5309.02 to 5310.21, inclusive, of the Revised Code, no person taking a transfer of registered land, or any interest therein, or of any charge upon such land, from the registered owner, need inquire into the circumstances…

Ohio Rev. Code Ann. § 5309.35 Record of trusts and exceptional estates in registered land

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Deeds and other instruments relating to registered land, which create or declare trusts, or contain unusual or exceptional covenants, restrictions, or conditions, or create unusual or exceptional interests, may, upon the demand of a party in interest and the payment of the proper…

Ohio Rev. Code Ann. § 5309.36 Certificate notation carried until cancellation

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Subject to division (E) of section 5309.281 of the Revised Code, if a memorial or notation has been entered as permitted by this chapter and Chapter 5310. of the Revised Code, the county recorder shall carry the memorial or notation forward upon all certificates of title until th…

Ohio Rev. Code Ann. § 5309.37 Transfers of registered land - certificate as to taxes and special assessments

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Transfers of registered land shall be made or entered in the office of the county auditor, subject to the same requirements and on payment of the same fees as provided by law for unregistered land. Upon demand and upon payment of the fee provided in section 5310.15 of the Revised…

Ohio Rev. Code Ann. § 5309.38 Entry book

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Each county recorder shall keep an entry book in which the recorder shall enter and number in the order of their reception all deeds and other voluntary instruments, all involuntary instruments, and copies of writs or other papers that are filed with the recorder and that relate …

Ohio Rev. Code Ann. § 5309.39 Instruments shall be filed under proper numbers

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All duplicate certificates of title and all instruments and memorandums in any way affecting the title to registered land, surrendered to the county recorder for cancellation, and all other instruments, notices, and papers required or permitted under sections 5309.02 to 5310.21, …

Ohio Rev. Code Ann. § 5309.40 Transfer of estate by registered owner in fee

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A registered owner in fee of real property, in order to transfer the owner's whole interest in the property or in any part of the property or to transfer any undivided interest in the property shall execute to the intended transferee a deed or instrument of conveyance that, in ca…

Ohio Rev. Code Ann. § 5309.41 Canceled instruments shall be preserved

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In all cases in which a certificate of title, or any other instrument or memorandum affecting registered land, is wholly canceled, it shall be retained by the county recorder and filed in his office under its proper file number and carefully preserved. In all cases where part of …

Ohio Rev. Code Ann. § 5309.42 Transfer of an estate less than a fee

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No new certificate of title shall be entered or issued upon any transfer of registered land which does not divest the title in fee from the registered owner or some one of the registered owners. When a registered owner desires to transfer to another a lesser estate than the fee, …

Ohio Rev. Code Ann. § 5309.43 Questions as to instruments presented for registration referred to court of common pleas or to examiner of titles

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If the county recorder is in doubt upon any question, or if any person in interest does not agree as to the proper memorandum to be made in pursuance of any deed, mortgage, or other voluntary instrument presented for registration, the question may, on the certificate of the recor…

Ohio Rev. Code Ann. § 5309.44 New certificate of title issued

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No new certificate of title shall be entered, and no memorandum shall be made upon the register of any certificate of title by the county recorder in pursuance of any deed or other voluntary instrument, unless the owner's duplicate certificate is presented with such instrument, e…

Ohio Rev. Code Ann. § 5309.45 Application for registration on the death of registered owner

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Upon the death of a registered owner of land, one or more of his heirs or devisees, or the assignee for the benefit of creditors, or administrators or executors, or holder of an involuntary lien or charge against the interest of any such heir or devisee or their heirs or devisees…

Ohio Rev. Code Ann. § 5309.46 Title acquired through executor

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When the will of a deceased registered owner of real property, or any right or interest therein, empowers the executor to sell, encumber or otherwise deal with such property, right, or interest, such executor need not be registered as the owner thereof; but any person who acquire…

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 fo…