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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. § 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 re…

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…

Ohio Rev. Code Ann. § 5310.01 Acceptance of fees and employment by county recorder prohibited

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No county recorder or deputy, while in office, shall directly or indirectly accept any employment, or be interested in fees arising from such employment, as attorney, agent, or otherwise, from an applicant to register land, or other person connected with or concerned in the regis…

Ohio Rev. Code Ann. § 5310.02 Priority of persons entering claims on registered certificate of title

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Every transferee, mortgagee, lessee, and encumbrancer of registered land or any part thereof, or any interest therein, holds his title or lien subject to the interests and estates, mortgages, encumbrances, and all liens and memorials which have been entered upon the registered ce…

Ohio Rev. Code Ann. § 5310.03 Certificates of title and copies shall be received in evidence

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The original certificate of title in the register of titles, any copy of it certified under the signature of the county recorder, and the owner's duplicate of the original certificate of title shall be received as evidence in all the courts of the state and shall be conclusive as…

Ohio Rev. Code Ann. § 5310.04 Powers of courts

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The county recorder and the probate court and the court of common pleas on the application of any party in interest, in any matter, suit, or proceeding in any way relating to registered land, or to any estate or interest therein, or lien or charge thereon, may compel by punishmen…

Ohio Rev. Code Ann. § 5310.15 Fees

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On filing an application for registration, the applicant shall pay to the clerk of the probate court or the clerk of the court of common pleas ten dollars, which is full payment for all clerk's fees and charges in such proceeding on behalf of the applicant. Any defendant, except …

Ohio Rev. Code Ann. § 5310.16 Conviction no bar to civil action

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No proceedings or conviction for any crime relating to the administration of Chapters 5309. and 5310. of the Revised Code, shall affect any remedy which any person aggrieved or injured by such act has at law or in equity against the person who has committed such act, or against h…

Ohio Rev. Code Ann. § 5310.21 Construction

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Sections 5309.02 to 5310.21, inclusive, of the Revised Code shall be construed liberally for the purpose of effecting its general intent.

Ohio Rev. Code Ann. § 5310.31 Abolition of registration definitions

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As used in sections 5310.31 to 5310.54 of the Revised Code: (A) "Conclusive effect" means the conclusive effect of the notations on a certificate of title with regard to conveyances or encumbrances affecting registered land, as provided in sections 5309.06, 5309.24, 5309.28, 5309…

Ohio Rev. Code Ann. § 5310.32 County resolution to consider merits of abolishment of land registration

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A board of county commissioners may adopt a resolution to consider the merits of abolishing land registration in the county. When a resolution of abolition has previously failed of adoption, it is not in order for the board to adopt a resolution under this section unless two year…

Ohio Rev. Code Ann. § 5310.33 Costs and benefits of maintaining land registration system

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After adopting a resolution to consider the merits of abolishing land registration, the board of county commissioners shall collect evidence with regard to the costs and benefits of maintaining a land registration system in the county. The board shall collect the evidence by mean…

Ohio Rev. Code Ann. § 5310.34 Relevant evidence of costs and benefits of maintaining land registration system

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Evidence relevant to the costs and benefits of maintaining a land registration system in a county includes, but is not limited to, evidence with regard to the following: (A) The monetary cost to a landowner of initially registering land in the county; (B) The monetary cost to a l…

Ohio Rev. Code Ann. § 5310.35 Public hearing

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The board of county commissioners shall conduct the public hearing required by section 5310.33 of the Revised Code in accordance with this section. (A)(1) The board shall prepare a notice of the hearing that includes each of the following: (a) A statement that the board is consid…

Ohio Rev. Code Ann. § 5310.36 Determination to abolish land registration system

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Within one month after conclusion of the public hearing required by section 5310.33 of the Revised Code, the board of county commissioners shall review and assess the evidence presented at the public hearing, as well as any other evidence that has been obtained by the board as a …

Ohio Rev. Code Ann. § 5310.38 Implementation of resolution of abolition

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(A) A resolution of abolition shall not be implemented later than one month following its adoption. (B) Within ten days after adoption of the resolution by the board of county commissioners, the recorder shall notify the board, the clerk of the court of common pleas, and the cler…

Ohio Rev. Code Ann. § 5310.41 Registered land after abolition of system

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Subject to sections 5310.44 and 5310.47 of the Revised Code, on and after the date of implementation, registered land in a county that has abolished land registration shall be dealt with the same as if it were not registered land, and instruments for its conveyance or encumbrance…

Ohio Rev. Code Ann. § 5310.42 Certificate of title of registered land effect after abolition

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A certificate of title that is transcribed or bound in the register of titles on the date of implementation in a county that has abolished land registration has the following effects on and after such date: (A) Conclusive effect as to conveyances and encumbrances occurring before…

Ohio Rev. Code Ann. § 5310.43 Pending cases involving application for registration effect after abolition

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No case involving an application for the registration of land that is pending on the date of implementation, including, but not limited to, cases arising under section 5309.05, 5309.29, 5309.45, 5309.46, 5309.60, or 5309.66 of the Revised Code, is affected by the abolition of lan…

Ohio Rev. Code Ann. § 5310.44 Pending proceeding relating to registered land effect after abolition

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No proceeding relating to registered land that is pending before any court, the county recorder, or an examiner of titles on the date of implementation, including, but not limited to, proceedings arising under section 5309.27, 5309.43, 5309.44, 5309.52, 5309.61, 5309.69, 5309.71,…

Ohio Rev. Code Ann. § 5310.45 Certificates of title resulting from pending proceedings

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On and after the effective date of a certificate of title issued as the result of any proceeding contemplated by section 5310.43 or 5310.44 of the Revised Code, land registered under the certificate shall be dealt with the same as if it were not registered land, and instruments f…

Ohio Rev. Code Ann. § 5310.46 Effects of certificate of title

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A certificate of title issued as the result of any proceeding contemplated by section 5310.43 or 5310.44 of the Revised Code has the following effects: (A) Conclusive effect as to conveyances and encumbrances occurring before the effective date of the certificate; (B) No conclusi…

Ohio Rev. Code Ann. § 5310.47 Abolition of land registration does not bar certain actions

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Abolition of land registration in a county does not bar a person who is deprived of land, any interest therein, or any encumbrance thereon as the result of a decree obtained by fraud in a case relating to registered land or to the initial registration of land from filing a compla…

Ohio Rev. Code Ann. § 5310.48 Duplicate certificate of title

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On and after the date of implementation, with regard to registered land in a county that has abolished land registration: (A) A duplicate certificate of title has no use other than as a copy of the certificate that is transcribed or bound in the register of titles; (B) No person …

Ohio Rev. Code Ann. § 5310.49 Jurisdiction after abolition of land registration system

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Except to the extent necessary to carry out the purposes of sections 5310.43, 5310.44, and 5310.47 of the Revised Code, on and after the date of implementation in a county that has abolished land registration: (A) The court of common pleas and probate court of the county have no …

Ohio Rev. Code Ann. § 5310.50 County recorder duties

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Beginning on the date of implementation in a county that has abolished land registration, the county recorder shall: (A) Continue all certificates of title that, on the date of implementation, were transcribed or bound in the register of titles, to reflect both of the following: …

Ohio Rev. Code Ann. § 5310.51 Certificates of title resulting from pending actions

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The county recorder, with regard to a certificate of title issued as the result of any proceeding contemplated by section 5310.43 or 5310.44 of the Revised Code, shall do both of the following: (A) Transcribe or bind the certificate in the register of titles, the same as if land …

Ohio Rev. Code Ann. § 5310.52 Parcel lying partly in nonabolishing county

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If a parcel of registered land lies partly in two or more counties, and one of the counties abolishes land registration, the portion lying in the nonabolishing county is subject to the following on and after the date of implementation: (A) The portion shall be dealt with, and ins…

Ohio Rev. Code Ann. § 5310.53 Portion lying partly in nonabolishing county

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If, as the result of a proceeding contemplated by section 5310.43 of the Revised Code, a decree is entered requiring registration of a parcel of land that lies partly in two or more counties, the portion lying in each county shall be registered as provided in section 5309.25 and …

Ohio Rev. Code Ann. § 5310.54 Nonabolishing county's land registration system

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A nonabolishing county's land registration system, except insofar as required to carry out sections 5310.52 and 5310.53 of the Revised Code, shall remain intact and fully operational.

Ohio Rev. Code Ann. § 5311.01 Condominium property definitions

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As used in this chapter, except as otherwise provided: (A) "Agent" means any person who represents a developer or who acts for or on behalf of a developer in selling or offering to sell any ownership interest in a condominium development. "Agent" does not include an attorney whos…