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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

446 sections·Filtered byTitle 53✕

Ohio Rev. Code Ann. § 5301.332 Forfeiture for failure of lessee, successors or assigns to abide by specifically described covenants
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(A)(1) Whenever leases of natural gas and oil lands recorded under section 5301.09 of the Revised Code concerning lands upon which there are no producing or drilling oil or gas wells become forfeited for failure of the lessee or the lessee's successors or assigns to abide by spec…
Ohio Rev. Code Ann. § 5301.34 Release of mortgage on certificate of mortgagee or assignee
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A mortgage shall be discharged upon the record of the mortgage by the county recorder when there is presented to the county recorder a certificate executed by the mortgagee or the mortgagee's assigns, acknowledged as provided in section 5301.01 of the Revised Code, or when there …
Ohio Rev. Code Ann. § 5301.35 Waiver of priority of mortgages - execution and recording - fees
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The priority of the lien of a mortgage may be waived to the extent specified by the holder of the lien in favor of any lien, mortgage, lease, easement, or other interest in the property covered by the mortgage, by writing the waiver of priority on the original mortgage and signin…
Ohio Rev. Code Ann. § 5301.36 Entry of satisfaction

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(A) Except in a county in which the county recorder has elected to require that all satisfactions of mortgages be recorded by separate instrument as allowed under section 5301.28 of the Revised Code, when recording a mortgage, county recorders shall leave space on the margin of t…

Ohio Rev. Code Ann. § 5301.361 Unreleased mortgages; liability for damages for failure to record

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(A)(1) With respect to an unreleased commercial mortgage that has been satisfied more than ninety days prior to the effective date of this section, but not recorded, the mortgagee shall not be subject to a civil action or damages as described in division (C) of section 5301.36 of…

Ohio Rev. Code Ann. § 5301.37 Recording of separate instruments

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Whenever the county recorder in making photostatic or photographic records leaves no margin suitable for the entering or recording of assignments, cancellations, or further transactions relating to the instruments so recorded, or whenever such margin is completely filled with ass…

Ohio Rev. Code Ann. § 5301.38 Record of patents, copies, and exemplifications

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Patents for lands lying within this state, granted to any person by the president of the United States, and copies of such patents, certified under the official seal of the commissioner of the general land office of the United States, and exemplifications of the record of the gen…

Ohio Rev. Code Ann. § 5301.39 When court to order clerk to make entry on record of mortgage

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The court in which proceedings are commenced, relative to a mortgage or other lien, change of title, or partition of lands, the final judgment, order, or decree in which is to release or declare such mortgage or other lien void, in whole or in part, or require the judicial sale o…

Ohio Rev. Code Ann. § 5301.40 Mortgage or lien satisfied by suit

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When a mortgage or other lien is satisfied or declared void, in whole or in part, by a judgment, final order, or decree, the clerk of the court in which the proceedings are had shall enter upon the record of the mortgage or other lien, in the county recorder's office where it is …

Ohio Rev. Code Ann. § 5301.41 Effect of reversal of judgment

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If the final judgment, order, or decree referred to in section 5301.39 of the Revised Code, upon which the entry of release, satisfaction, change of title, or partition is based, or in which the order for release, satisfaction, or record is included, is reversed, vacated, or modi…

Ohio Rev. Code Ann. § 5301.42 Effect of entry by clerk

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Sections 5301.39 to 5301.41, inclusive, of the Revised Code do not give to any judgment, order, or decree an effect, by reason of the entry thereof in the county recorder's office, other than that which it would have had without such entry.

Ohio Rev. Code Ann. § 5301.43 Certified copy of record of instrument as evidence

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A copy of the record of a deed or other instrument of writing, certified by the county recorder with his official seal affixed thereto, shall be received in all courts and places within this state, as prima-facie evidence of the existence of such instrument, and as conclusive evi…

Ohio Rev. Code Ann. § 5301.44 Certified copy of record in action to cure defects

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When a conveyance of real estate has been executed in which there is a mistake, defect, or omission in the description of the lands, execution, acknowledgment, or otherwise, and it has been recorded in the county recorder's office of the county where the lands are or were situate…

Ohio Rev. Code Ann. § 5301.45 Instrument executed and acknowledged upon different sheets

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When a deed, mortgage, lease, or other instrument of writing intended to convey or encumber an interest in real estate is not printed or written on a single sheet, or when the certificate of acknowledgment thereof is not printed or written on the same sheet with the instrument, a…

Ohio Rev. Code Ann. § 5301.46 Assignment, release, or cancellation of interest made by separate instrument to contain description

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(A) As used in this section, "separate instrument" means an instrument other than the writing in which was created the interest in real property that is being assigned, released, or canceled.(B) In any county that maintains sectional indexes pursuant to section 317.20 of the Revi…

Ohio Rev. Code Ann. § 5301.47 Marketable title definitions

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As used in sections 5301.47 to 5301.56, inclusive, of the Revised Code:(A) "Marketable record title" means a title of record, as indicated in section 5301.48 of the Revised Code, which operates to extinguish such interests and claims, existing prior to the effective date of the r…

Ohio Rev. Code Ann. § 5301.48 Unbroken chain of title of record

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Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for forty years or more, has a marketable record title to such interest as defined in section 5301.47 of the Revised Code, subject to the matters s…

Ohio Rev. Code Ann. § 5301.49 Record marketable title

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Such record marketable title shall be subject to:(A) All interests and defects which are inherent in the muniments of which such chain of record title is formed; provided that a general reference in such muniments, or any of them, to easements, use restrictions, or other interest…

Ohio Rev. Code Ann. § 5301.50 Interests prior to effective date of root of title

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Subject to the matters stated in section 5301.49 of the Revised Code, such record marketable title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims, or charges whatsoever, the existence of which depends upon…

Ohio Rev. Code Ann. § 5301.51 Preservation of interest in land

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(A) Any person claiming an interest in land may preserve and keep effective the interest by filing for record during the forty-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in com…

Ohio Rev. Code Ann. § 5301.52 Notice and filing of claim of interest in land

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(A) To be effective and entitled to recording, the notice referred to in section 5301.51 of the Revised Code shall satisfy all of the following: (1) Be in the form of an affidavit;(2) State the nature of the claim to be preserved and the names and addresses of the persons for who…

Ohio Rev. Code Ann. § 5301.53 Certain rights not barred or extinguished

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The provisions of sections 5301.47 to 5301.56 of the Revised Code shall not be applied to bar or extinguish any of the following:(A) Any lessor or his successor as reversioner of his right to possession on the expiration of any lease, or any lessee or his successor of his rights …

Ohio Rev. Code Ann. § 5301.54 Effect of changes

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Nothing contained in sections 5301.47 to 5301.56, inclusive, of the Revised Code, shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as provided in sections 5301.47 to 530…

Ohio Rev. Code Ann. § 5301.55 Liberal construction of statutes

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Sections 5301.47 to 5301.56, inclusive, of the Revised Code, shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in section 5301.48 of the Revise…

Ohio Rev. Code Ann. § 5301.56 Mineral interests - vesting in surface owner

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(A) As used in this section: (1) "Holder" means the record holder of a mineral interest, and any person who derives the person's rights from, or has a common source with, the record holder and whose claim does not indicate, expressly or by clear implication, that it is adverse to…

Ohio Rev. Code Ann. § 5301.61 Removal of fixtures or improvements from mortgaged realty

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No person having an interest in real property, buyer, lessee, tenant, or occupant of real property, knowing that such real property is mortgaged or the subject of a land contract, shall remove, or cause or permit the removal of any improvement or fixture from such real property w…

Ohio Rev. Code Ann. § 5301.63 Solar access easement requirements

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For the purpose of ensuring adequate access of solar energy collection devices to sunlight, any person may grant a solar access easement. Such easements shall be in writing and shall be subject to the same conveyance and recording requirements as other easements.Any instrument th…

Ohio Rev. Code Ann. § 5301.67 Conservation, agricultural easement definitions

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As used in sections 5301.67 to 5301.70 of the Revised Code:(A) "Conservation easement" means an incorporeal right or interest in land that is held for the public purpose of retaining land, water, or wetland areas predominantly in their natural, scenic, open, or wooded condition, …

Ohio Rev. Code Ann. § 5301.68 Granting conservation or agricultural easement

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An owner of land may grant a conservation easement to the department of natural resources, a park district created under Chapter 1545. of the Revised Code, a township park district created under section 511.18 of the Revised Code, a conservancy district created under Chapter 6101…

Ohio Rev. Code Ann. § 5301.69 Who may acquire conservation or agricultural easement

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(A) The director of natural resources, the board of park commissioners of a park district created under Chapter 1545. of the Revised Code, the board of park commissioners of a township park district created under section 511.18 of the Revised Code, the board of directors of a con…

Ohio Rev. Code Ann. § 5301.691 Director of agriculture purchase of agricultural easements

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(A)(1) Subject to divisions (A)(2) and (F) of this section, the director of agriculture, with moneys credited to the agricultural easement purchase fund created in section 901.21 of the Revised Code, may purchase agricultural easements in the name of the state.(2) Not less than t…

Ohio Rev. Code Ann. § 5301.692 Holding land or interests in land for purpose of retaining use of land predominantly in agriculture

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The legislative authority of a municipal corporation, board of county commissioners of a county, or board of township trustees of a township, in addition to the legislative authority's or board's other powers, may hold land or interests in land for the purpose of retaining the us…

Ohio Rev. Code Ann. § 5301.70 Enforcement of conservation easement

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Conservation easements are not unenforceable for lack of privity of contract or estate or lack of benefit to a particular dominant estate. Conservation easements are assignable to another entity authorized to hold conservation easements. Nothing in sections 5301.67 to 5301.70 of …

Ohio Rev. Code Ann. § 5301.71 Termination of agricultural leases

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(A) As used in this section: (1) "Agricultural lease agreement" means an agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions between a landlord and tenant concerning the use and occupancy of real property by one …

Ohio Rev. Code Ann. § 5301.75 Unfair service agreement definitions

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As used in sections 5301.75 to 5301.78 of the Revised Code: (A) "Consumer" means an individual that receives services from a service provider. (B) "Major home system" includes plumbing, heating, ventilation, air conditioning, and electrical wiring. (C) "Residential real estate" m…

Ohio Rev. Code Ann. § 5301.76 Unfair service agreement prohibited, void, and unenforceable; exemptions; enforcement

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(A) Subject to division (C) of this section, on and after the effective date of this section, no service provider shall enter into, amend, or renew a service agreement with a consumer if both of the following apply: (1) The service subject to the agreement is not to be performed …

Ohio Rev. Code Ann. § 5301.77 Unfair service agreement recording prohibited

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(A) No person shall record or cause to be recorded in this state an unfair service agreement or a notice or memorandum of an unfair service agreement. (B) A county recorder shall not accept for recording an unfair service agreement or a notice or memorandum of an unfair service a…

Ohio Rev. Code Ann. § 5301.78 Unfair service agreement civil action

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(A)(1) If an unfair service agreement or a notice or memorandum of an unfair service agreement is recorded in this state in violation of section 5301.77 of the Revised Code, any party with an interest in the residential real estate that is the subject of that agreement may commen…

Ohio Rev. Code Ann. § 5301.80 Environmental covenants - definitions

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As used in sections 5301.80 to 5301.92 of the Revised Code: (A) "Activity and use limitations" means restrictions or obligations created under sections 5301.80 to 5301.92 of the Revised Code with respect to real property. (B) "Agency" means the environmental protection agency or …

Ohio Rev. Code Ann. § 5301.81 Holder of environmental covenant

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(A) Any person, including a person that owns an interest in the real property that is the subject of an environmental covenant, may be a holder. An environmental covenant may identify more than one holder.(B) The interest of a holder is an interest in real property. However, a ri…

Ohio Rev. Code Ann. § 5301.82 Contents of environmental covenant - required signatures

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(A) An environmental covenant shall contain all of the following:(1) A statement that the instrument is an environmental covenant executed pursuant to sections 5301.80 to 5301.92 of the Revised Code;(2) A legally sufficient description of the real property that is subject to the …

Ohio Rev. Code Ann. § 5301.83 Copies of environmental covenant to be provided

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(A) A copy of an environmental covenant shall be provided to all of the following in a manner required by the applicable agency:(1) Each person that signed the environmental covenant;(2) Each person holding a recorded interest in the real property that is subject to the environme…

Ohio Rev. Code Ann. § 5301.84 Obligations under environmental covenant

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An agency is bound by any obligation that it expressly assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations that the person as…

Ohio Rev. Code Ann. § 5301.85 Environmental covenant runs with land - enforceability

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(A) An environmental covenant that complies with sections 5301.80 to 5301.92 of the Revised Code runs with the land.(B) An environmental covenant that is otherwise effective is valid and enforceable even if any of the following limitations on enforcement of interests applies:(1) …

Ohio Rev. Code Ann. § 5301.86 Antecedent interests in real property - subordination agreement

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With respect to interests in real property in existence at the time that an environmental covenant is created or amended, all of the following apply:(A) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the inte…

Ohio Rev. Code Ann. § 5301.87 Zoning regulations and prior instruments

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Sections 5301.80 to 5301.92 of the Revised Code do not authorize a use of real property that is otherwise prohibited by zoning, by law other than sections 5301.80 to 5301.92 of the Revised Code regulating use of real property, or by a recorded instrument that has priority over an…

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 consent…

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…