Ohio Rev. Code § 5301.89 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.89
§ 5301.89. Environmental covenant perpetual - exceptions - judicial termination - limitation
Status: in_force

December 30, 2004 House Bill 516 - 125th General Assembly (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 pursuant to section 5301.90 of the Revised Code. (3) The environmental covenant is terminated pursuant to division (B) of this section. (4) The environmental covenant is terminated by foreclosure of an interest that has priority over the environmental covenant. (5) The environmental covenant is terminated or modified in an eminent domain proceeding, but only if all of the following apply: (a) The agency that signed the environmental covenant is a party to the proceeding. (b) All persons identified in divisions (A) and (B) of section 5301.90 of the Revised code are given notice of the pendency of the proceeding. (c) The court determines, after a hearing, that the termination or modification will not adversely affect human health or safety or the environment. (B) If the agency that signed an environmental covenant has determined that the intended benefits of the environmental covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in divisions (A) and (B) of section 5301.90 of the Revised Code have been given notice, may terminate the environmental covenant or reduce its burden on the real property that is subject to the environmental covenant. (C) Except as otherwise provided in divisions (A) and (B) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence or a similar doctrine. (D) An environmental covenant may not be extinguished, limited, or impaired by application of sections 5301.47 to 5301.56 of the Revised Code.
Ohio Rev. Code § 5305.12 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.12
§ 5305.12. Exemptions in estimating yearly value of dower
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly In making the appraisement of the yearly value of the real estate provided for in section 5305.11 of the Revised Code, the commissioners must exclude all permanent or valuable improvements made thereon after the deceased consort of the surviving spouse ceased to be its owner.
Ohio Rev. Code § 5301.69 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.69
§ 5301.69. Who may acquire conservation or agricultural easement
Status: in_force

January 1, 2016 House Bill 64 - 131st General Assembly (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 conservancy district created under Chapter 6101. of the Revised Code, the board of supervisors of a soil and water conservation district created under Chapter 940. of the Revised Code, the board of trustees of a regional water and sewer district created under Chapter 6119. of the Revised Code, the board of county commissioners of a county, the board of township trustees of a township, or the legislative authority of a municipal corporation may acquire conservation easements in the name of the state, the district, or the county, township, or municipal corporation in the same manner as other interests in land may be acquired under section 307.02 , 307.18 , 505.10 , 505.261 , 511.23 , 717.01 , 940.06 , 1501.01 , 1545.11 , 6101.15 , or 6119.111 of the Revised Code. Each officer, board, or authority acquiring a conservation easement shall name an appropriate administrative officer, department, or division to supervise and enforce the easement. (B) A charitable organization may acquire and hold conservation easements if it is exempt from federal taxation under subsection 501(a) and is described in subsection 501(c) of the "Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as amended, and organized for any of the following purposes: the preservation of land areas for public outdoor recreation or education, or scenic enjoyment; the preservation of historically important land areas or structures; or the protection of natural environmental systems. Such a charitable organization also may acquire and hold agricultural easements subject to the limitation that it may do so only on land that is valued for purposes of real property taxation at its current value for agricultural use under section 5713.31 of the Revised Code or that constitutes a homestead when the easement is granted.
Ohio Rev. Code § 5301.252 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.252
§ 5301.252. Recording affidavit relating to title
Status: in_force

March 18, 1997 Senate Bill 262 - 121st General Assembly (A) An affidavit stating facts relating to the matters set forth under division (B) of this section that may affect the title to real estate in this state, made by any person having knowledge of the facts or competent to testify concerning them in open court, may be recorded in the office of the county recorder in the county in which the real estate is situated. When so recorded, such affidavit, or a certified copy, shall be evidence of the facts stated, insofar as such facts affect title to real estate. (B) The affidavits provided for under this section may relate to the following matters: (1) Age, sex, birth, death, capacity, relationship, family history, heirship, names, identity of parties, marriage, residence, or service in the armed forces; (2) Possession; (3) The happening of any condition or event that may create or terminate an estate or interest; (4) The existence and location of monuments and physical boundaries, such as fences, streams, roads, and rights of way; (5) In an affidavit of a registered surveyor, facts reconciling conflicts and ambiguities in descriptions of land in recorded instruments. (C) The county recorder for the county where such affidavit is offered for record shall receive and cause the affidavit to be recorded as deeds are recorded, and collect the same fees for recording such affidavit as for recording deeds. (D) Every affidavit provided for under this section shall include a description of the land, title to which may be affected by facts stated in such affidavit, and a reference to an instrument of record containing such description, and shall state the name of the person appearing by the record to be the owner of such land at the time of the recording of the affidavit. The recorder shall index the affidavit in the name of such record owner. (E) Any person who knowingly makes any false statement in any affidavit provided for in this section is guilty of falsification under division (A)(6) of section 2921.13 of the Revised Code.
Ohio Rev. Code § 5303.02 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.02
§ 5303.02. Vendee may recoup
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 adverse interest therein a party to the action. Upon the hearing, he may recoup against the plaintiff's demand the present worth of any existing lien or encumbrance thereon. If the adverse interest of the claimant is an estate in reversion or remainder, or contingent upon a future event, with his assent, the court of common pleas may order the vendee to surrender possession to his vendor upon the repayment of so much of the purchase money as has been paid, with interest, or direct the payment of the purchase money claimed in the action, upon the plaintiff's giving bond in double its amount with two or more sureties to be approved by the court, for the payment thereof with interest, if by reason of the defect the defendant or his privies are subsequently evicted.
Ohio Rev. Code § 5313.04 — Ohio Revised Code / Title 53 / Chapter 5313 / § 5313.04
§ 5313.04. Vendee to enforce chapter provisions
Status: in_force

November 25, 1969 Senate Bill 156 - 108th General Assembly Upon the failure of any vendor to comply with Chapter 5313. of the Revised Code, the vendee may enforce such provisions in a municipal court, county court, or court of common pleas. Upon the determination of the court that the vendor has failed to comply with these provisions, the court shall grant appropriate relief.
Ohio Rev. Code § 5301.251 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.251
§ 5301.251. Memorandum of lease recording
Status: in_force

February 1, 2002 House Bill 279 - 124th General Assembly In lieu of the recording of a lease, there may be recorded a memorandum of that lease, executed and acknowledged in accordance with section 5301.01 of the Revised Code. The memorandum of lease shall contain the names of the lessor and the lessee and their addresses as set forth in the lease, a reference to the lease with its date of execution, a description of the leased premises with such certainty as to identify the property, including the reference provided for in section 5301.011 of the Revised Code, the term of the lease, together with any rights of renewal or extension of the lease, and the date of commencement of the term or the manner of determining the commencement of the term as set forth in the lease. A memorandum of lease that is entitled to be so recorded also may set forth any other provisions contained in the lease, or the substance of those provisions, and shall be constructive notice of only that information contained in the memorandum. Sections 317.08 , 5301.251 , and 5301.33 of the Revised Code shall not be construed to affect the enforceability, validity, or legal effect of instruments recorded in those lease records prior to August 9, 1963.
Ohio Rev. Code § 5302.19 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.19
§ 5302.19. Tenancy in common
Status: in_force

April 4, 1985 Senate Bill 201 - 115th General Assembly 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 § 5301.31 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.31
§ 5301.31. Assignment or partial release in margin of original record
Status: in_force

February 1, 2002 House Bill 279 - 124th General Assembly Except in counties in which a separate instrument is required to assign or partially release a mortgage as described in section 5301.32 of the Revised Code, a mortgage may be assigned or partially released by the holder of the mortgage, by writing the assignment or partial release on the original mortgage or upon the margin of the record of the original mortgage and signing it. The assignment or partial release need not be acknowledged, but, if it is written upon the margin of the record of the original mortgage, the signing shall be attested by the county recorder. The assignment, whether it is upon the original mortgage, upon the margin of the record of the original mortgage, or by separate instrument, shall transfer not only the lien of the mortgage but also all interest in the land described in the mortgage. An assignment of a mortgage shall contain the then current mailing address of the assignee. The signature of a person on the assignment or partial release may be a facsimile of that person's signature. A facsimile of a signature on an assignment or partial release is equivalent to and constitutes the written signature of the person for all requirements regarding mortgage assignments or partial releases. For entering an assignment or partial release of a mortgage upon the margin of the record of the original mortgage or for attesting it, the recorder shall be entitled to the fee provided by section 317.32 of the Revised Code for recording the assignment and satisfaction of mortgages.
Ohio Rev. Code § 5301.231 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.231
§ 5301.231. Effective dates of amendments, supplements, modifications or extensions of mortgages, or of debt secured by mortgages,
Status: in_force

January 1, 1994 House Bill 473 - 119th General Assembly (A) All amendments or supplements of mortgages, or modifications or extensions of mortgages or of the debt secured by mortgages, that have been executed in the manner provided in section 5301.01 of the Revised Code shall be recorded in the office of the county recorder of the county in which the mortgaged premises are situated and shall take effect at the time they are delivered to the recorder for record. Sections 317.08 , 5301.23 , and 5301.231 of the Revised Code do not affect the enforceability, validity, or legal effect of instruments recorded in those mortgage records prior to October 10, 1963. (B) An amendment or supplement of a mortgage, or a modification or extension of a mortgage or of the debt secured by a mortgage, that is presented for record shall contain the then current mailing address of the mortgagee. The omission of this address or the inclusion of an incorrect address shall not affect the validity of the instrument or render it ineffective for purposes of constructive notice.
Ohio Rev. Code § 5321.01 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.01
§ 5321.01. Landlord and tenant definitions
Status: in_force

October 3, 2023 House Bill 33 - 135th General Assembly As used in this chapter: (A) "Tenant" means a person entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others. (B) "Landlord" means the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement. (C) "Residential premises" means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of tenants generally or the use of which is promised the tenant. "Residential premises" includes a dwelling unit that is owned or operated by a college or university. "Residential premises" does not include any of the following: (1) Prisons, jails, workhouses, and other places of incarceration or correction, including, but not limited to, halfway houses or residential arrangements that are used or occupied as a requirement of a community control sanction, a post-release control sanction, or parole; (2) Hospitals and similar institutions with the primary purpose of providing medical services, and homes licensed pursuant to Chapter 3721. of the Revised Code; (3) Tourist homes, hotels, motels, recreational vehicle parks, recreation camps, combined park-camps, temporary park-camps, and other similar facilities where circumstances indicate a transient occupancy; (4) Elementary and secondary boarding schools, where the cost of room and board is included as part of the cost of tuition; (5) Orphanages and similar institutions; (6) Farm residences furnished in connection with the rental of land of a minimum of two acres for production of agricultural products by one or more of the occupants; (7) Dwelling units subject to Chapter 3733. of the Revised Code; (8) Occupancy by an owner of a condominium unit; (9) Occupancy in a facility licensed as an SRO facility pursuant to Chapter 3731. of the Revised Code, if the facility is owned or operated by an organization that is exempt from taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or group of entities in which such an organization has a controlling interest, and if either of the following applies: (a) The occupancy is for a period of less than sixty days. (b) The occupancy is for participation in a program operated by the facility, or by a public entity or private charitable organization pursuant to a contract with the facility, to provide either of the following: (i) Services licensed, certified, registered, or approved by a governmental agency or private accrediting organization for the rehabilitation of persons with mental illnesses, persons with developmental disabilities, adults or juveniles convicted of criminal offenses, or persons experiencing substance abuse; (ii) Shelter for juvenile runaways, victims of domestic violence, or homeless persons. (10) Emergency shelters operated by organizations exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, for persons whose circumstances indicate a transient occupancy, including homeless people, victims of domestic violence, and juvenile runaways. (D) "Rental agreement" means any agreement or lease, written or oral, which establishes or modifies the terms, conditions, rules, amount of rent charged or paid, or any other provisions concerning the use and occupancy of residential premises by one of the parties. (E) "Security deposit" means any deposit of money or property to secure performance by the tenant under a rental agreement. (F) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. (G) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code. (H) "Student tenant" means a person who occupies a dwelling unit owned or operated by the college or university at which the person is a student, and who has a rental agreement that is contingent upon the person's status as a student. (I) "Recreational vehicle park," "recreation camp," "combined park-camp," and "temporary park-camp" have the same meanings as in section 3729.01 of the Revised Code. (J) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code. (K) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code. (L) "School premises" has the same meaning as in section 2925.01 of the Revised Code. (M) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code. (N) "Preschool or child care center premises" has the same meaning as in section 2950.034 of the Revised Code. (O) "Rent control" means requiring below-market rents for residential premises or controlling rental rates for residential premises in any manner, including by prohibiting rent increases, regulating rental rate changes between tenancies, limiting rental rate increases, regulating the rental rates of residential premises based on income or wealth of tenants, and other forms of restraint or limitation of rental rates. (P) "Rent stabilization" means allowing rent increases for residential premises of a fixed amount or on a fixed schedule as set by a political subdivision. (Q) "Political subdivision" means a county, township, municipal corporation, or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state. Last updated August 17, 2023 at 12:35 PM
Ohio Rev. Code § 5311.23 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.23
§ 5311.23. Failure to comply with lawful provision of condominium instruments
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly (A) A declarant, developer, agent, or unit owner or any person entitled to occupy a unit is liable in damages in a civil action for harm caused to any person or to the unit owners association by that individual's failure to comply with any lawful provision of the condominium instruments. (B) Any interested person, including a unit owners association, may commence an action for a declaratory judgment to determine that person's legal relations under the condominium instruments or to obtain an injunction against a declarant, developer, agent, unit owner, or person entitled to occupy a unit who refuses to comply, or threatens to refuse to comply, with a provision of the condominium instruments. (C) In connection with either type of action described in this section, one or more unit owners may bring a class action on behalf of all unit owners. The lawful provisions of the condominium instruments, if necessary to carry out their purposes, may be enforced in either type of action against the condominium property or any person who owns or previously has owned any estate or interest in the condominium property. (D) An action by the unit owners association under this section may be commenced by the association in its own name, in the name of the board of directors, or in the name of the association's managing agent.
Ohio Rev. Code § 5301.06 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.06
§ 5301.06. Instruments executed according to law of place where made
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly All deeds, mortgages, powers of attorney, and other instruments of writing for the conveyance or encumbrance of lands, tenements, or hereditaments situated within this state, executed and acknowledged, or proved, in any other state, territory, or country in conformity with the laws of such state, territory, or country, or in conformity with the laws of this state, are as valid as if executed within this state, in conformity with sections 1337.01 to 1337.03 , inclusive, and 5301.01 to 5301.04 , inclusive, of the Revised Code.
Ohio Rev. Code § 5303.16 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.16
§ 5303.16. Election by successful claimant to receive value of land
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If the successful claimant, his heirs, or their guardians, elect to receive the value of the land without the improvements assessed under section 5303.11 of the Revised Code, to be paid by the occupying claimant, and tender a general warranty deed of the land conveying such adverse or better title, within the time allowed by the court for the payment of the money, and the occupying claimant refuses or neglects to pay it to him, his heirs, or their guardians within such time, a writ of possession shall be issued in favor of the successful claimant, his heirs, or their guardians.
Ohio Rev. Code § 5301.40 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.40
§ 5301.40. Mortgage or lien satisfied by suit
Status: in_force

January 1, 1993 House Bill 405 - 119th General Assembly 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 recorded, a memorandum of the character of the proceedings, giving also the volume and page of the record where they are recorded. The clerk may tax in the bill of costs the fees of the recorder provided by law for the entry of the memorandum, release, satisfaction, or record, including a fee to himself for making the entry as provided for in division (K) of section 2303.20 of the Revised Code, and the fees provided by law for official copies of records. In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code and has elected to require a separate instrument for satisfactions of mortgages and other liens, the judgment, final order, or decree may constitute the separate instrument and shall be recorded as appropriate for the type of action involved.
Ohio Rev. Code § 5313.08 — Ohio Revised Code / Title 53 / Chapter 5313 / § 5313.08
§ 5313.08. Action for forfeiture and restitution
Status: in_force

October 6, 1980 Senate Bill 312 - 113th General Assembly If the contract has been in effect for less than five years, in addition to any other remedies provided by law and after the expiration of the periods prescribed by sections 5313.05 and 5313.06 of the Revised Code, if the vendee is still in default of any payment the vendor may bring an action for forfeiture of the vendee's rights in the land installment contract and for restitution of his property under Chapter 1923. of the Revised Code. When bringing the action under Chapter 1923. of the Revised Code, the vendor complies with the notice requirement of division (A) of section 1923.04 of the Revised Code by serving notice pursuant to section 5313.06 of the Revised Code. The court may also grant any other claim arising out of the contract.
Ohio Rev. Code § 5301.09 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.09
§ 5301.09. Recording lease of natural gas and petroleum
Status: in_force

March 23, 2015 House Bill 9 - 130th General Assembly In recognition that such leases and licenses create an interest in real estate, all leases, licenses, and assignments thereof, or of any interest therein, given or made concerning lands or tenements in this state, by which any right is granted to operate or to sink or drill wells thereon for natural gas and petroleum or either, or pertaining thereto, shall be filed for record and recorded in such lease record without delay, and shall not be removed until recorded. No such lease or assignment thereof shall be accepted for record after September 24, 1963, unless it contains the mailing address of both the lessor and lessee or assignee. If the county in which the land subject to any such lease is located maintains permanent parcel numbers or sectional indexes pursuant to section 317.20 of the Revised Code, no such lease shall be accepted for record after December 31, 1984, unless it contains the applicable permanent parcel number and the information required by section 317.20 of the Revised Code to index such lease in the sectional indexes; and, in the event any such lease recorded after December 31, 1984, is subsequently assigned in whole or in part, and the county in which the land subject thereto is located maintains records by microfilm or other microphotographic process, the assignment shall contain the same descriptive information required to be included in the original lease by this sentence, but the omission of the information required by this section does not affect the validity of any lease. Whenever any such lease is forfeited for failure of the lessee, the lessee's successors or assigns to abide by specifically described covenants provided for in the lease, or because the term of the lease has expired, the lessee, the lessee's successors or assigns, shall have such lease released of record in the county where such land is situated without cost to the owner thereof. No such lease or license is valid until it is filed for record, except as between the parties thereto, unless the person claiming thereunder is in actual and open possession.
Ohio Rev. Code § 5309.91 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.91
§ 5309.91. Enforcement of charges
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 § 5309.78 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.78
§ 5309.78. Application for continuation and certification of duplicate certificate of title
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 appearing on such duplicate certificate, and also enter references to all instruments filed and noted, but not yet entered as memorials on the registered certificate of title. Thereupon the recorder shall make and certify such entries giving the minute, hour, day, and year of such certification. At the time of making application for such continuation and certification of a duplicate certificate of title, the registered owner may file with the recorder an affidavit that said application is made in good faith for the purpose of closing up a bona fide transfer or encumbrance of the land or some part thereof described in such duplicate certificate, naming the proposed transferee or encumbrancer, and thereupon the recorder shall note upon the registered certificate and also upon the duplicate certificate of title a stay of registration for the period of twenty-four hours of all instruments and papers affecting said land other than those relating to, or connected with such proposed transfer or encumbrance. All such other instruments and papers so filed within said twenty-four hours shall be registered after and subordinate to such instruments relating to, or connected with such proposed transfer or encumbrance provided the latter are filed within said twenty-four hours.
Ohio Rev. Code § 5311.02 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.02
§ 5311.02. Chapter applicable to condominium property
Status: in_force

October 1, 1978 House Bill 404 - 112th General Assembly Chapter 5311. of the Revised Code applies only to property that is specifically submitted to its provisions by the execution and filing for record of a declaration by the owner, as provided in this chapter. In every instance, any property so submitted shall be either a fee simple estate or a ninety-nine year leasehold, renewable forever. Neither the submission of property to the provisions of this chapter, nor the conveyance or transfer of a condominium ownership interest constitutes a subdivision within the meaning of, or is subject to, Chapter 711. of the Revised Code.
Ohio Rev. Code § 5310.43 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.43
§ 5310.43. Pending cases involving application for registration effect after abolition
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly 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 land registration in the county. The case shall proceed, in the same manner, and with the same effects, as if land registration had not been abolished, to the entry of either a decree requiring registration or a decree dismissing the application for registration. A party aggrieved by the decree in such a case may appeal as provided in section 5309.84 of the Revised Code. A certificate of title issued pursuant to a decree requiring registration relates back to and takes effect from the date of the decree, as provided in section 5309.26 of the Revised Code.
Ohio Rev. Code § 5310.53 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.53
§ 5310.53. Portion lying partly in nonabolishing county
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly 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 division (A) of section 5310.51 of the Revised Code, except that the portion lying in the nonabolishing county is subject to the following on and after its initial registration: (A) The portion shall be dealt with, and instruments for its conveyance or encumbrance recorded, as provided in sections 317.14 and 5310.45 of the Revised Code; (B) The certificate of title pertaining to the portion has the effects stated in section 5310.46 of the Revised Code; (C) Any person who has a cause of action with regard to the portion as contemplated by section 5310.47 of the Revised Code may commence and prosecute an action as provided in that section; (D) Section 5310.48 of the Revised Code applies to any duplicate certificate of title that pertains to the portion; (E) The court of common pleas and probate court of the nonabolishing county have jurisdiction with regard to the portion only as provided in section 5310.49 of the Revised Code; (F) Subject to section 5310.54 of the Revised Code, the county recorder of the nonabolishing county shall proceed to deregister the portion in the manner prescribed in section 5310.51 of the Revised Code.
Ohio Rev. Code § 5315.05 — Ohio Revised Code / Title 53 / Chapter 5315 / § 5315.05
§ 5315.05. Parties to lease with option to purchase agreement
Status: in_force

September 28, 2016 House Bill 303 - 131st General Assembly (A) A former borrower and a former lender who are party to a lease with option to purchase agreement under divisions (A)(2) and (3) of section 5315.04 of the Revised Code are governed by Chapter 5321. of the Revised Code. (1) The former borrower-lessee is responsible for all of the obligations of a tenant under section 5321.05 of the Revised Code as well as the duties under divisions (A)(1) to (6) of section 5321.04 of the Revised Code. (2) Divisions (A)(1) to (6) of section 5321.04 of the Revised Code do not apply to a lender-lessor participating in the D.O.L.L.A.R. deed program in accordance with this chapter. (B) A former borrower-lessee who defaults or otherwise fails to meet the terms of a lease with option to purchase agreement executed pursuant to this chapter forfeits the former borrower-lessee's right to purchase the real property under division (B) of section 5315.04 of the Revised Code and has no further right of possession or occupancy and shall be subject to a forcible entry and detainer action under section 5321.03 and Chapter 1923. of the Revised Code. Disclaimer Contact About
Ohio Rev. Code § 5301.071 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.071
§ 5301.071. Validity of instruments not affected by certain actions or omissions
Status: in_force

April 3, 2023 Senate Bill 202 - 134th General Assembly No instrument conveying real property, or any interest in real property, and of record in the office of the county recorder of the county within this state in which that real property is situated shall be considered defective nor shall the validity of that conveyance be affected because of any of the following: (A) The dower interest of the spouse of any grantor was not specifically released, but that spouse executed the instrument in the manner provided in section 5301.01 of the Revised Code. (B) The officer taking the acknowledgment of the instrument having an official seal did not affix that seal to the certificate of acknowledgment. (C) The certificate of acknowledgment is not on the same sheet of paper as the instrument. (D) The executor, administrator, guardian, assignee, attorney in fact, or trustee making the instrument signed or acknowledged the same individually instead of in a representative or official capacity. (E)(1) The grantor or grantee of the instrument is a trust rather than the trustee or trustees of the trust if the trust named as grantor or grantee has been duly created under the laws of the state of its existence at the time of the conveyance and a memorandum of trust that complies with section 5301.255 of the Revised Code and contains a description of the real property conveyed by that instrument is recorded in the office of the county recorder in which the instrument of conveyance is recorded. Upon compliance with division (E)(1) of this section, a conveyance to a trust shall be considered to be a conveyance to the trustee or trustees of the trust in furtherance of the manifest intention of the parties. (2) Except as otherwise provided in division (E)(2) of this section, division (E)(1) of this section shall be given retroactive effect to the fullest extent permitted under section 28 of Article II, Ohio Constitution. Division (E) of this section shall not be given retroactive or curative effect if to do so would invalidate or supersede any instrument that conveys real property, or any interest in the real property, recorded in the office of the county recorder in which that real property is situated prior to the date of recording of a curative memorandum of trust or March 22, 2012, whichever event occurs later. Last updated March 3, 2023 at 1:56 PM
Ohio Rev. Code § 5301.361 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.361
§ 5301.361. Unreleased mortgages; liability for damages for failure to record
Status: in_force

March 23, 2015 House Bill 201 - 130th General Assembly (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 the Revised Code. (2) The current owner of the real property to which such a mortgage pertains shall provide the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the effective date of this section and may recover damages in a civil action for failure to comply with division (D)(2) of that section pursuant to division (E) of that section. (B)(1) With respect to an unreleased commercial mortgage that has been satisfied less 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 the Revised Code. (2) The current owner of the real property to which such a mortgage pertains shall provide the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the ninetieth day after the mortgage was satisfied and may recover damages in a civil action for failure to comply with division (D)(2) of that section pursuant to division (E) of that section. (C)(1) With respect to an unreleased residential mortgage that has been satisfied, but not recorded, prior to the effective date of this section , the mortgagee shall be subject to a civil action or damages as described in division (C) of section 5301.36 of the Revised Code for failure to comply with division (B) of that section. (2) If such a mortgage was satisfied more than ninety days prior to the effective date of this section , the current owner of the real property to which the mortgage pertains shall provide the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the effective date of this section and may recover damages in a civil action for failure to comply with division (D)(2) of that section pursuant to division (E) of that section. If such a mortgage was satisfied less than ninety days prior to the effective date of the section , the current owner shall provide the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the ninetieth day after the mortgage was satisfied and may recover damages in a civil action for failure to comply with division (D)(2) of that section pursuant to division (E) of that section. (D) As used in this section, "mortgagee" has the same meaning as in section 5301.36 of the Revised Code. Last updated November 23, 2021 at 4:02 PM
Ohio Rev. Code § 5310.36 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.36
§ 5310.36. Determination to abolish land registration system
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly 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 result of its independent studies, investigations, interviews, surveys, and other research. The board shall determine, as a result of this review and assessment, whether the costs exceed the benefits of maintaining a land registration system in the county. If the board so finds, it may adopt a resolution of abolition that makes specific findings with regard to the costs and benefits and requires abolition of land registration in the county. If such a resolution of abolition is adopted, abolition of land registration shall be implemented as provided in section 5310.38 of the Revised Code.
Ohio Rev. Code § 5309.94 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.94
§ 5309.94. Serving and waiver of notices
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 relation to registered land, or any interest in, or lien or charge on such registered land, parties may waive notice and enter appearance as in civil actions and in all such cases service of notice may be dispensed with.
Ohio Rev. Code § 5312.07 — Ohio Revised Code / Title 53 / Chapter 5312 / § 5312.07
§ 5312.07. Examination of books and records
Status: in_force

September 13, 2022 Senate Bill 61 - 134th General Assembly (A) Unless otherwise prohibited by this section, any owner may examine and copy the books, records, and minutes of the owners association that division (C) of section 5312.06 of the Revised Code describes, pursuant to reasonable standards set forth in the declaration, bylaws, or rules the board promulgates. The standards may include, but are not limited to, standards governing the type of documents that are subject to examination and copying, the times and locations at which those documents may be examined or copied, and the specification of a reasonable fee for copying the documents. (B) Unless approved by the board of directors, an owner may not examine or copy any books, records, or minutes that meet either of the following conditions: (1) Date back more than five years prior to the date of the request; (2) Contain any of the following: (a) Information that pertains to property-related personnel matters; (b) Communications with legal counsel or attorney work product pertaining to potential, threatened or pending litigation, or other property-related matters; (c) Information that pertains to contracts or transactions currently under negotiation, or information that is contained in a contract or other agreement containing confidentiality requirements and that is subject to those requirements; (d) Information that relates to the enforcement of the declaration, bylaws, or rules of the owners association against other owners; (e) Information, the disclosure of which is prohibited by state or federal law. Last updated June 29, 2022 at 2:34 PM
Ohio Rev. Code § 5311.192 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.192
§ 5311.192. Solar energy collection devices
Status: in_force

September 13, 2022 Senate Bill 61 - 134th General Assembly (A) Unless specifically prohibited in the declaration, any owner of a solar appropriate unit may install a solar energy collection device on the roof of that unit if either of the following conditions apply: (1) The unit, as defined by the declaration, includes the roof, for which the cost to insure, maintain, repair, and replace is not a common expense and is instead the owner's responsibility. (2) The declaration specifically allows for and regulates the types and installation of solar energy collection devices in the common or limited common elements and establishes responsibility for the cost to insure, maintain, repair, and replace such devices. (B) Notwithstanding division (A) of this section, a unit owners association may establish reasonable restrictions concerning the size, place, and manner of placement of solar energy collection devices. (C) As used in this section: (1) "Solar appropriate unit" means a condominium unit that does not have any other condominium units directly above or below it. (2) "Solar energy collection device" means any device manufactured and sold for the sole purpose of facilitating the collection and beneficial use of solar energy, including passive heating panels or building components and solar photovoltaic apparatus. Last updated October 20, 2022 at 4:30 PM
Ohio Rev. Code § 5302.04 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.04
§ 5302.04. All interest conveyed unless otherwise stated in instrument
Status: in_force

October 30, 1965 House Bill 163 - 106th General Assembly 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 generally or specifically.
Ohio Rev. Code § 5301.87 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.87
§ 5301.87. Zoning regulations and prior instruments
Status: in_force

December 30, 2004 House Bill 516 - 125th General Assembly 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 environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than sections 5301.80 to 5301.92 of the Revised Code.
Ohio Rev. Code § 5313.09 — Ohio Revised Code / Title 53 / Chapter 5313 / § 5313.09
§ 5313.09. Instrument of cancellation of land contract
Status: in_force

November 25, 1969 Senate Bill 156 - 108th General Assembly (A) A judgment for the vendor shall operate to cancel the land installment contract as of a date to be specified by the court. The clerk of the county or municipal court in which such judgment is rendered shall transmit an authenticated copy of such dated judgment to the county recorder of the county in which the property is located. The county recorder of such county shall record such authenticated judgment as an instrument of cancellation under section 5301.331 of the Revised Code.
Ohio Rev. Code § 5307.24 — Ohio Revised Code / Title 53 / Chapter 5307 / § 5307.24
§ 5307.24. Effect of partition of religious property
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 shall specify for what purpose partition of the use is made, and how and for what purpose the use of the premises allotted to each party are to be occupied. In no case shall such property, or any part thereof be occupied for any other purpose than the erection of a house of worship, and other erections connected therewith.
Ohio Rev. Code § 5303.15 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.15
§ 5303.15. Writ of possession
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If the successful claimant, his heirs, or their guardians, elect to, and do pay to the occupying claimant, the sum reported in his favor by the jury, within the time allowed therefor, then a writ of possession shall issue in favor of him, his heirs, or their guardians.
Ohio Rev. Code § 5301.25 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.25
§ 5301.25. Recording in county where real estate situated - survey form
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly (A) All deeds, land contracts referred to in division (A)(21) of section 317.08 of the Revised Code, and instruments of writing properly executed for the conveyance or encumbrance of lands, tenements, or hereditaments, other than as provided in division (C) of this section and section 5301.23 of the Revised Code, shall be recorded in the office of the county recorder of the county in which the premises are situated. Until so recorded or filed for record, they are fraudulent insofar as they relate to a subsequent bona fide purchaser having, at the time of purchase, no knowledge of the existence of that former deed, land contract, or instrument. (B) Whenever a survey is made of lands that are being conveyed, the county auditor shall require that the name of the person who made the survey appear in the deed. The name shall either be printed, typewritten, stamped, or signed in a legible manner. An instrument is in compliance with this division if it contains a statement in the following form: "A survey of this property was made by _______________" (Name) This division does not apply to any court decree, order, judgment, or writ, to any instrument executed or acknowledged outside of this state, or to any instrument executed within this state prior to September 20, 1965. (C) All tax certificates sold pursuant to section 5721.32 or 5721.33 of the Revised Code, or memoranda thereof, may be recorded in the office of the county recorder of the county in which the premises are situated, as provided in division (B) of section 5721.35 of the Revised Code; provided, however, that the first and superior lien of the state and its taxing districts conveyed to the holder of the tax certificate, as provided in division (A) of section 5721.35 of the Revised Code, shall in no way be diminished or adversely affected if the tax certificate evidencing the conveyance of such first and superior lien, or memorandum thereof, is not recorded as provided in this section. Last updated December 27, 2023 at 10:57 AM
Ohio Rev. Code § 5321.03 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.03
§ 5321.03. Action for possession by landlord
Status: in_force

October 3, 2023 House Bill 33 - 135th General Assembly (A) Notwithstanding section 5321.02 of the Revised Code, a landlord may bring an action under Chapter 1923. of the Revised Code for possession of the premises if: (1) The tenant is in default in the payment of rent; (2) The violation of the applicable building, housing, health, or safety code that the tenant complained of was primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenant's household, or by anyone on the premises with the consent of the tenant; (3) Compliance with the applicable building, housing, health, or safety code would require alteration, remodeling, or demolition of the premises which would effectively deprive the tenant of the use of the dwelling unit; (4) A tenant is holding over the tenant's term. (5) The residential premises are located within one thousand feet of any school premises, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises, and both of the following apply regarding the tenant or other occupant who resides in or occupies the premises: (a) The tenant's or other occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code. (b) The state registry of sex offenders and child-victim offenders indicates that the tenant or other occupant was convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense. (B) The maintenance of an action by the landlord under this section does not prevent the tenant from recovering damages for any violation by the landlord of the rental agreement or of section 5321.04 of the Revised Code. (C) This section does not apply to a dwelling unit occupied by a student tenant. (D) As used in this section, "children's crisis care facility premises" and "residential infant care center premises" have the same meanings as in section 2950.034 of the Revised Code. Last updated August 17, 2023 at 2:10 PM
Ohio Rev. Code § 5303.27 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.27
§ 5303.27. Investing money from sale of entailed estates - insurance
Status: in_force

October 20, 1987 House Bill 287 - 117th General Assembly Under the direction and approval of the court of common pleas, money arising from the sale of an estate described in section 5303.21 of the Revised Code and from the notes given for purchase money shall be invested in the bonds or other interest-bearing obligations of this state, any political subdivision of this state, or the United States, or in bonds or notes secured by a mortgage on unencumbered real estate located in this state, of double the value of the money secured. The buildings on such real estate shall be well insured against loss by fire and windstorm, and so kept by the mortgagor for the benefit of the mortgagee, until the debt is paid. The mortgagee shall so insure the buildings if the mortgagor fails to do so, and the expense of the insurance shall be repaid by the mortgagor and be a lien on the property concurrent with the mortgage; or the court may order the money reinvested in other real estate within this state under such restrictions as it prescribes, which investments shall be reported to the court and be subject to its approval and confirmation. For purposes of descent, succession, reversion, or remainder, the real estate in which the money is reinvested has the same character and is governed by the same principles as the estate sold, and passes according to the terms of the deed, will, or other instrument creating the estate sold. The court also may authorize the investment of any such funds in securities, interest-bearing obligations, or contract or deposit accounts which are legal for the investment of funds held by testamentary trustees as provided by sections 2109.37 , 2109.371 , and 2109.372 of the Revised Code.
Ohio Rev. Code § 5303.17 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.17
§ 5303.17. Action by occupying claimant after election
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When an application is made for the value of improvements to land, the occupying claimant or his heirs shall not be evicted from the possession of such land except as provided in sections 5303.15 and 5303.16 of the Revised Code. When an election has been made by the successful claimant, his heirs, or their guardians, to surrender the land, if the occupying claimant or his heirs, within the time allowed, pay into court its value, without improvements, thereafter they may bring suit in the courts which gave judgment of eviction, and obtain judgment for the title to the land, if it was not previously conveyed to such occupant.
Ohio Rev. Code § 5309.87 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.87
§ 5309.87. Mistakes
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 proceedings, or the substantial rights of any party in interest.
Ohio Rev. Code § 5301.76 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.76
§ 5301.76. Unfair service agreement prohibited, void, and unenforceable; exemptions; enforcement
Status: in_force

June 16, 2026 Senate Bill 101 - 136th General Assembly (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 within one year after the date the parties enter into the agreement. (2) The service agreement has any of the following characteristics: (a) The service agreement purports to run with the land or to be binding on future owners of interests in the residential real estate. (b) The service agreement allows for assignment of the right to provide the service subject to the agreement without notice to and consent of the owner of the residential real estate. (c) The service agreement purports to create a lien, encumbrance, or other security interest in the residential real estate. (B) Subject to division (C) of this section, an unfair service agreement described under division (A) of this section that is entered into, amended, or renewed on or after the effective date of this section is void and unenforceable. (C) Sections 5301.75 to 5301.78 of the Revised Code do not apply to any of the following: (1) A home warranty or similar product that covers the cost of maintenance of a major home system for a fixed period; (2) An insurance contract; (3) An option to purchase or right of refusal; (4) A declaration created in the formation of a planned community, as defined in section 5312.01 of the Revised Code, or a condominium development, as defined in section 5311.01 of the Revised Code, or any amendment to such a declaration; (5) A maintenance or repair agreement entered by an owners association, as defined by section 5312.01 of the Revised Code, or a unit owners association, as defined by section 5311.01 of the Revised Code; (6) A mortgage loan or a commitment to make or receive a mortgage loan; (7) A security agreement made pursuant to Chapter 1309. or 1310. of the Revised Code relating to the sale or rental of personal property or fixtures; (8) Water, sewer, electrical, telephone, cable, or other regulated utility service providers. (D) A violation of division (A) of this section is an unfair and deceptive act or practice in violation of section 1345.02 of the Revised Code. All powers and remedies available to the attorney general to enforce sections 1345.01 to 1345.13 of the Revised Code are available to the attorney general to enforce this section. (E) Nothing in this section shall be construed to interfere with any provision of Chapter 1311. of the Revised Code concerning mechanics' liens. Last updated April 17, 2026 at 2:41 PM
Ohio Rev. Code § 5301.86 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.86
§ 5301.86. Antecedent interests in real property - subordination agreement
Status: in_force

December 30, 2004 House Bill 516 - 125th General Assembly 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 interest agrees to subordinate that interest to the environmental covenant. (B) Sections 5301.80 to 5301.92 of the Revised Code do not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant. (C) A subordination agreement may be contained in an environmental covenant or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person who is authorized by the common interest community. (D) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that persons's interest, but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
Ohio Rev. Code § 5310.48 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.48
§ 5310.48. Duplicate certificate of title
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly 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 shall present, and the county recorder shall not accept, the duplicate as the instrument of any conveyance or encumbrance of the land to which it pertains. The holder of a duplicate certificate of title that pertains to land in a county that has abolished land registration may present the duplicate to the county recorder with a request for its continuation. Upon receiving such a presentation and request, the recorder shall continue the certificate by entering thereon all notations that appear on the registered title but not on the duplicate, as well as notations of all conveyances or encumbrances occurring before the date of implementation, the instruments for which, as of the date of implementation, had been filed for notation, but as of receipt of the request for continuation, have not been noted on the registered title. The recorder shall issue a replacement duplicate certificate of title, as provided in section 5309.31 of the Revised Code, for any certificate of title that is recorded in the traditional recordation system under section 5310.50 or 5310.51 of the Revised Code.
Ohio Rev. Code § 5309.40 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.40
§ 5309.40. Transfer of estate by registered owner in fee
Status: in_force

March 30, 1999 Senate Bill 83 - 122nd General Assembly 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 case of transfer of the whole of the property, may be on the duplicate certificate of title. The deed or instrument of conveyance may be in any form authorized by law. When the transferee presents the deed or instrument of conveyance to the county recorder of the county in which the property is situated, the recorder shall file the deed or instrument of conveyance, and, if the recorder finds that the transferor is entitled to make the transfer under this chapter and Chapter 5310. of the Revised Code, the recorder shall register the title, in accordance with the deed or instrument of conveyance, in the name of the transferee upon a new folium in the register of titles, shall enter on the new folium in a manner consistent with section 5309.281 of the Revised Code all memorials, notations, and memoranda to which the property is subject at the time of the transfer, and shall issue a new certificate of title to the transferee that states the transferee's full name, place of residence, and post-office address, whether the transferee is married, and, if the transferee is married, the name of the transferee's spouse. If the transferee is a minor, the transferee's exact age must be given on the new certificate of title, or, if the transferee is under another disability, the nature and character of that disability must be stated on the new certificate of title. Before a transfer can be registered, the transferor or the transferee shall deliver to the recorder the duplicate certificate of title of the transferor, and the recorder shall enter upon the folium of the register in which the title of the transferor is registered and upon the duplicate certificate of title a memorial or memorandum canceling it, in whole or in part, as the interest of the transferee may appear from the deed or other instrument of conveyance, with the particulars of the transfer that may be necessary for identification, the date of transfer, the name, place of residence, and post-office address of the transferee, and the volume and folium of the register in which the transferee's title is registered.
Ohio Rev. Code § 5307.09 — Ohio Revised Code / Title 53 / Chapter 5307 / § 5307.09
§ 5307.09. Proceedings where estate cannot be divided without loss of value
Status: in_force

October 14, 1997 Senate Bill 88 - 122nd General Assembly 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 valuation of the estate. If the court approves the return and if one or more of the parties elects to take the estate at the appraised value, it shall be adjudged to them, upon their paying to the other parties their proportion of its appraised value, according to their respective rights, or securing it as provided in section 5307.10 of the Revised Code.
Ohio Rev. Code § 5309.44 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.44
§ 5309.44. New certificate of title issued
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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, except in cases expressly provided for in sections 5309.02 to 5310.21 , inclusive, of the Revised Code, or upon the order of the probate court or the court of common pleas, for cause shown. Whenever such order is made, a memorandum thereof shall be entered on the new certificate of title and on the owner's duplicate. The production of the owner's duplicate, whenever a voluntary instrument is presented for registration, is authority from the registered owner to the recorder to enter a new certificate or to make a memorial of registration in accordance with such instrument, and the new certificate or memorial shall be binding upon the registered owner and upon all persons claiming under him, in favor of every purchaser and holder for value and in good faith and in favor of all persons holding under such purchaser and holder. In all cases of registration which are procured by fraud, the owner may pursue all his legal and equitable remedies against the parties to such fraud, without prejudice to the rights of any innocent holder for value of a certificate of title or any person holding under such innocent holder. After the entering and issuing of a certificate of title by the recorder on the decree of registration under the original application, any subsequent registration which is procured by the presentation of a forged duplicate certificate, or of a forged deed or other instrument, shall be void. In case of the loss or theft of an owner's duplicate certificate, notice shall be sent by the owner, or by a person in his behalf, to the recorder of the county in which the land lies, as soon as the loss or theft is discovered.
Ohio Rev. Code § 5302.17 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.17
§ 5302.17. Survivorship deed form
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly 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 of the grantees, vests the interest of the decedent in the survivor, survivors, or the survivor's or survivors' separate heirs and assigns. "SURVIVORSHIP DEED _______________ (marital status), of ____________________ County, _________________________ for valuable consideration paid, grant(s), (covenants, if any) to ________________________ (marital status) and ___________________ (marital status), for their joint lives, remainder to the survivor of them, whose tax-mailing addresses are ____________, the following real property: (description of land or interest therein and encumbrances, reservations, and exceptions, if any) Prior Instrument Reference: ____________________________ _______________, wife (husband) of the grantor, releases all rights of dower therein. Executed this _______________ day of ________________ ___________________________________ (Signature of Grantor) (Execution in accordance with Chapter 5301. of the Revised Code)" Any persons who are the sole owners of real property, prior to April 4, 1985, as tenants with a right of survivorship under the common or statutory law of this state or as tenants in common may create in themselves and in any other person or persons a survivorship tenancy in the real property by executing a deed as provided in this section conveying their entire, separate interests in the real property to themselves and to the other person or persons. Except as otherwise provided in this section, when a person holding real property as a survivorship tenant dies, the transfer of the interest of the decedent may be recorded by presenting to the county auditor and filing with the county recorder either a certificate of transfer as provided in section 2113.61 of the Revised Code, or an affidavit accompanied by a certified copy of a death certificate. The affidavit shall recite the names of the other survivorship tenant or tenants, the address of the other survivorship tenant or tenants, the date of death of the decedent, and a description of the real property. The county recorder shall record any certificate or affidavit so filed in the official records. When a person holding real property as a survivorship tenant dies and the title to the property is registered pursuant to Chapter 5309. of the Revised Code, the procedure for the transfer of the interest of the decedent shall be pursuant to section 5309.081 of the Revised Code.
Ohio Rev. Code § 5309.59 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.59
§ 5309.59. Certificate of sale must be presented to recorder - notation
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 thereof, stating the amount and day of sale, the date of presentation, and shall enter upon the certificate of sale the date of presentation and book and folium of the register where the memorial is entered.
Ohio Rev. Code § 5303.26 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.26
§ 5303.26. Proceeds of sale
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly All money arising from a sale of an estate described in section 5303.21 of the Revised Code, for purposes of descent, succession, reversion, or remainder, has the same character and is governed by the same principles as the estate sold, and passes according to the terms of the deed, will, or other instrument creating the estate.
Ohio Rev. Code § 5309.30 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.30
§ 5309.30. Signature and address of owner taken and preserved
Status: in_force

March 24, 2021 House Bill 279 - 124th General Assembly 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 whatever paper is issued or delivered to or filed by the owner, signed by the owner in person and witnessed. If the receipt or signature card is signed in the recorder's office, it may be witnessed by the recorder or a deputy. If signed elsewhere, the receipt or signature card shall be acknowledged before an officer authorized to take acknowledgment of deeds. When signed, witnessed or acknowledged, and filed with the recorder, the receipt shall be regarded as containing the genuine signature of that person.
Ohio Rev. Code § 5301.05 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.05
§ 5301.05. Discriminatory restrictive covenants - void
Status: in_force

September 30, 2021 House Bill 110 - 134th General Assembly (A) Discriminatory restrictive covenants in deeds limiting the transfer or lease of real property to individuals against whom discrimination is prohibited by division (H)(1) of section 4112.02 of the Revised Code are void. If an attorney, in preparing a deed, discovers a discriminatory covenant that is void under this section, the attorney may omit the discriminatory restrictive covenant from the new deed with immunity from civil liability. (B) Omission of a discriminatory restrictive covenant from a deed pursuant to division (A) of this section does not affect the validity of the deed. No county recorder shall refuse to record a deed pursuant to division (B) of section 317.13 of the Revised Code due to such omission. Last updated September 9, 2021 at 2:29 PM
Ohio Rev. Code § 5303.23 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.23
§ 5303.23. Order for sale and effect
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Upon the hearing, if it is proved that a sale of an estate described in section 5303.21 of the Revised Code would be for the benefit of the tenant in tail, or for life, and do no substantial injury to the heirs in tail, or others in expectancy, succession, reversion, or remainder, the court shall direct a sale to be made, the manner thereof and appoint some suitable person to make it. Such sale shall vest the estate sold in the purchaser, free from the entailment, limitation, or condition.
Ohio Rev. Code § 5301.02 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.02
§ 5301.02. Words necessary to create a fee simple estate
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly The use of terms of inheritance or succession are not necessary to create a fee simple estate, and every grant, conveyance, or mortgage of lands, tenements, or hereditaments shall convey or mortgage the entire interest which the grantor could lawfully grant, convey, or mortgage, unless it clearly appears by the deed, mortgage, or instrument that the grantor intended to convey or mortgage a less estate.
Ohio Rev. Code § 5311.13 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.13
§ 5311.13. Liens and encumbrances procedure
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly (A) Liens and encumbrances arise with respect to and affect a unit of a condominium property and the undivided interest in the common elements appurtenant to it in the same manner and under the same conditions as liens and encumbrances arise with respect to and affect any other real estate, except as provided in this section. (B) Any person who does work or labor upon or furnishes machinery, material, or fuel for the alteration or repair of any unit without the consent or authorization of any owner or lessee of any interest in the unit or the owner's or lessee's authorized agent nevertheless is entitled to a lien to secure payment for the work, labor, machinery, material, or fuel on the estate or interest in the unit of the owner, pursuant to sections 1311.01 to 1311.38 of the Revised Code, if the work, labor, alteration, or repair was duly authorized or directed by the board of directors of the unit owners association and necessary in the opinion of the board of directors for public safety or to prevent damage to or destruction of any other part of the condominium property. (C) Any person who does work or labor upon or furnishes machinery, material, or fuel for the construction, alteration, repair, improvement, enhancement, or embellishment of any part of the common elements of any condominium property is entitled to a lien to secure payment for the work, labor, machinery, material, or fuel on the estates or interests of all owners in all units and their respective undivided interests in the common elements, pursuant to sections 1311.01 to 1311.38 of the Revised Code, if the work, labor, construction, alteration, repair, improvement, enhancement, or embellishment was duly authorized or directed by the board of directors of the unit owners association. (D) If a lien or encumbrance arises with respect to and affects any estate or interest in two or more units, the proportionate amount of the obligation secured or evidenced by the lien or encumbrance that is attributable to the estate or interest in any unit shall be in the ratio that the undivided interests in the common elements appurtenant to that unit bears to the total undivided interests in the common elements appurtenant to all units. An estate or interest in a unit may be released and discharged from the operation of the lien or encumbrance, in the same manner and to the same extent that a lien or encumbrance is released and discharged with respect to any separate parcel of real estate, by payment to the lienholder or encumbrancer of the proportionate amount of the obligation secured or evidenced by the lien or encumbrance that is attributable to the estate or interest. (E)(1) When a lien exists under Chapter 1311. of the Revised Code to secure payment for work or labor done or machinery, material, or fuel furnished for property that subsequently becomes condominium property through the filing and recording of a declaration under section 5311.06 of the Revised Code, regardless of the property to which the lien originally attached, after the declaration is filed for record, the lien is enforceable as to condominium property only against units and their appurtenant interests in the common elements that the developer owned or conveyed, other than as described in division (F) of this section. (2) Foreclosure of a lien described in division (E)(1) of this section does not of itself terminate the condominium property. (3) Divisions (E)(1) and (2) of this section do not limit the right to enforce a lien arising under Chapter 1311. of the Revised Code against property that does not become condominium property through the filing and recording of a declaration under section 5311.06 of the Revised Code. (F) No lien acquired under Chapter 1311. of the Revised Code is enforceable against any purchaser in good faith for value of a unit and its appurtenant interest in the common elements from the developer unless the affidavit required by section 1311.06 of the Revised Code is filed for record before the deed or other instrument of conveyance of the unit is filed for record.
Ohio Rev. Code § 5312.03 — Ohio Revised Code / Title 53 / Chapter 5312 / § 5312.03
§ 5312.03. Administration; owners association; board of directors
Status: in_force

September 13, 2022 Senate Bill 61 - 134th General Assembly (A)(1) An owners association shall administer a planned community, and a board of directors the owners elect from among the owners and their spouses shall exercise all power and authority of the owners association. If an owner is not an individual, any principal, member of a limited liability company, partner, director, officer, trustee, or employee of the owner may be elected to the board. The majority of the board shall not consist of owners or representatives from the same lot unless authorized by a resolution adopted by the board of directors prior to the board majority being comprised of owners or representatives from the same lot. (2) Unless otherwise provided, a board of directors may carry out any action this chapter requires or allows an owners association to take, subject to any vote required of the owners. (B) A declarant shall establish an owners association not later than the date upon which the first lot in the planned community is conveyed to a bona fide purchaser for value. The owners association shall be organized as a nonprofit corporation pursuant to Chapter 1702. of the Revised Code. (C)(1) If provided in the declaration, a declarant may control the owners association for the period of time the declaration specifies. During the time of declarant control, the declarant or the declarant's designee may appoint and remove the members of the board. The period of declarant control shall terminate not later than the time at which all of the lots have been transferred to owners. (2) Not later than the termination of any period of declarant control, the owners shall elect a board of directors comprised of the number of members the declaration or bylaws specify. Last updated June 29, 2022 at 2:31 PM
Ohio Rev. Code § 5301.692 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.692
§ 5301.692. Holding land or interests in land for purpose of retaining use of land predominantly in agriculture
Status: in_force

April 5, 1999 Senate Bill 223 - 122nd General Assembly 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 use of the land predominantly in agriculture. The authority and boards may do all things necessary or appropriate to achieve that purpose, including, without limitation, performing any of the activities described in division (A)(1) or (2) of section 5713.30 of the Revised Code or entering into contracts to lease or rent the land or interests in land so held to persons or governmental entities who will use the land predominantly in agriculture.
Ohio Rev. Code § 5301.012 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.012
§ 5301.012. Identification of agency for whose use and benefit interest in real property is acquired
Status: in_force

October 26, 1999 House Bill 19 - 123rd General Assembly (A) As used in this section, "agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government. (B) Any instrument by which the state or an agency of the state acquires an interest in real property, including any deed, transfer, grant, reservation, agreement creating an easement, or lease, shall identify the agency for whose use and benefit the interest in the real property is acquired. (C)(1) If the instrument conveys less than a fee simple interest in real property and if the agency has authority to hold an interest in property in its own name, the instrument shall state that the interest in the real property is conveyed "to __________ (the name of the agency)." Otherwise, the instrument shall state that the interest in the real property is conveyed "to the State of Ohio for the use and benefit of __________ (name of agency)." (2) If the instrument conveys a fee simple interest in real property and if the agency has authority to hold a fee simple interest in real property in its own name, the instrument shall state that the interest in the real property is conveyed "to the __________ (name of agency) and its successors and assigns." Otherwise, the instrument that conveys a fee simple interest in the real property shall state "to the State of Ohio and its successors and assigns for the use and benefit of __________ (name of agency)." (D) The purpose of specifying the name of the agency in the instrument is to identify the agency that has the use and benefit of the real property. The identification of the agency pursuant to this section does not confer on that agency any additional property rights in regard to the real property.
Ohio Rev. Code § 5301.35 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.35
§ 5301.35. Waiver of priority of mortgages - execution and recording - fees
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly 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 signing it, by writing the waiver of priority upon the margin of the record of that mortgage and signing it, or by a separate instrument acknowledged as provided by section 5301.01 of the Revised Code. That waiver, when recorded upon the margin of the record of the mortgage, or when recorded as a separate instrument, is constructive notice to all persons dealing with either the property described in that mortgage or the mortgage itself from the date of filing the waiver for record. The waiver, if written upon the mortgage or upon the margin of the record of the mortgage, need not be acknowledged, but if written upon the margin of the record, the signing shall be attested by the county recorder. If the waiver of priority is by separate instrument, it shall be recorded in the official records of the county recorder. For the recording, the county recorder may charge the fee as provided by section 317.32 of the Revised Code for recording deeds. For entering any waiver of priority upon the margin of the record of the mortgage, or for attesting it, the county recorder is entitled to the fees for recording those waivers of priority that are charged for assignments or satisfactions of mortgages under section 317.32 of the Revised Code. In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the county recorder may require that all waivers of priority of mortgages be made by separate instrument. The original instrument bearing the proper endorsement may be used as such separate instrument.
Ohio Rev. Code § 5301.30 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.30
§ 5301.30. Expiration of mortgage lien - limitation
Status: in_force

July 26, 1963 House Bill 12 - 105th General Assembly The record of any mortgage which remains unsatisfied or unreleased of record for more than twenty-one years after the date of the mortgage or twenty-one years after the stated maturity date of the principal sum, if a stated date of maturity is provided in the mortgage, whichever is later, secured as shown in the record of such mortgage, does not give notice to or put on inquiry any person dealing with the land described in such mortgage that such mortgage debt remains unpaid or has been extended or renewed. As to subsequent bona fide purchasers, mortgagees, and other persons dealing with such land for value, the lien of such mortgage has expired. The mortgage creditor may at any time refile in the county recorder's office the mortgage or a sworn copy thereof for record, together with an affidavit stating the amount remaining due thereon and the due date thereof, whether or not such date has been extended. Subject to the rights of bona fide purchasers, mortgagees, and other persons dealing with such land for value, whose rights were acquired or vested between such expiration and refiling, such refiling is constructive notice of such mortgage only for a period of twenty-one years after such refiling, or for twenty-one years after the stated maturity of the debt, whichever is the longer period.
Ohio Rev. Code § 5307.21 — Ohio Revised Code / Title 53 / Chapter 5307 / § 5307.21
§ 5307.21. Actions by one coparcener against another
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 waste against another coparcener. No coparcener shall have any privileges over another coparcener, in any election, division, partition, or matter to be made or done, concerning lands which have descended.
Ohio Rev. Code § 5309.71 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.71
§ 5309.71. Proceedings in eminent domain
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 recorder, and a memorial made on the last registered certificate of title of the lands sought to be appropriated. No title to such lands shall pass until a certified copy of the order of appropriation made by the probate court or the court of common pleas, setting forth by whom, from whom, and the amount of land appropriated, with an accurate description and plat of such lands, and that the damages assessed have been paid or secured to be paid, is filed with the recorder under the seal of the court. When such order, description, and plat are filed, the recorder shall note on the last registered certificate of title of the owner whose lands have been appropriated, the amount appropriated, in exact terms, and shall register in the name of the person, corporation, or other body entitled thereto, the title of the land taken, and issue a certificate therefor. If land which was taken for a public use reverts by operation of law to the owner from whom it was taken, or to his heirs or asigns, the court upon petition of the person entitled to the benefit of the reversion, after notice and a hearing, may order the entry of a new certificate of title to him.
Ohio Rev. Code § 5310.41 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.41
§ 5310.41. Registered land after abolition of system
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly 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 shall be recorded in the traditional recordation system, not in the land registration system. Until there has been a conveyance of the entire fee of such land, in preparing the prior instrument reference on each such instrument of conveyance or encumbrance, the certificate of title that pertains to the land shall be identified as the prior instrument.
Ohio Rev. Code § 5305.20 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.20
§ 5305.20. Proceedings on report of inquest of competence
Status: in_force

August 7, 2007 House Bill 53 - 127th General Assembly When the report provided for in section 5305.19 of the Revised Code is filed, the court of common pleas may direct the petitioner, by a sufficient deed of conveyance, to convey to the incompetent person, to be held by such person in fee, such proportion of the real estate described in the petition as seems just, or the court may assign to such incompetent person, to be held by the incompetent person during life, after the death of the spouse of such person, such proportion of the real estate described in the petition as seems just, for the incompetent person's support, or the court may order the petitioner to invest an amount by it fixed, in the stock of a company, or stocks created by the laws of this state, as the court designates, the profits, and dividends or distributions, arising from such investment to be applied to the support and maintenance of the incompetent person after the death of the spouse of such person. The petitioner, upon compliance with the order of the court, may sell all the real property the petitioner is possessed of, described in the petition, free and unencumbered of the contingent or vested right of dower of such incompetent person.
Ohio Rev. Code § 5309.73 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.73
§ 5309.73. Notice by claimant to registered owner
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 address, of the filing of such affidavit and claim and make proof thereof to the satisfaction of the county recorder. Every claimant failing to serve such notice within said ten days, or to make proof of such notice within thirty days after such filing, releases said claim and waives his right to have such claim appear upon the register, and the recorder shall cancel it.
Ohio Rev. Code § 5301.47 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.47
§ 5301.47. Marketable title definitions
Status: in_force

September 29, 1961 House Bill 81 - 104th General Assembly 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 root of title, as are stated in section 5301.50 of the Revised Code. (B) "Records" includes probate and other official public records, as well as records in the office of the recorder of the county in which all or part of the land is situate. (C) "Recording," when applied to the official public records of the probate or other court, includes filing. (D) "Person dealing with land" includes a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land contract vendee, or any other person seeking to acquire an estate or interest therein, or impose a lien thereon. (E) "Root of title" means that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty years prior to the time when marketability is being determined. The effective date of the "root of title" is the date on which it is recorded. (F) "Title transaction" means any transaction affecting title to any interest in land, including title by will or descent, title by tax deed, or by trustee's, assignee's, guardian's, executor's, administrator's, or sheriff's deed, or decree of any court, as well as warranty deed, quit claim deed, or mortgage.
Ohio Rev. Code § 5311.24 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.24
§ 5311.24. Exceptions to requirements for written instruments
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly (A) Sections 5311.25 to 5311.27 of the Revised Code do not apply to any of the following, unless the method of disposing of the condominium property is adopted for the purpose of evading their provisions: (1) The sale of a condominium ownership interest solely for commercial or industrial purposes or uses; (2) The sale of real estate under or pursuant to court order; (3) The sale of real estate by the United States, by this state or any political subdivision of this state, or by any of their agencies or instrumentalities; (4) The sale of condominium ownership interests in individual dwelling units or individual water slip units and in their appurtenant common elements for the account of a person other than a declarant, developer, or agent when the sale is not conducted pursuant to the common promotional plan of the developer for sales in a condominium development. (B) A sale or offer to sell a condominium ownership interest does not exist when a reservation agreement is entered into that does not legally require a prospective purchaser to purchase a condominium ownership interest and under which the prospective purchaser may relinquish all rights and receive a full refund of all deposits, without penalty, at any time prior to entering into a contract to purchase a condominium ownership interest.
Ohio Rev. Code § 5305.07 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.07
§ 5305.07. Proceedings upon return of assignment of dower
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly The commissioners provided for in section 5305.06 of the Revised Code and the sheriff shall obey the order to assign dower, and return their proceedings thereon to the court of common pleas at such time as it appoints. If the court approves the assignment, it shall be entered on its records, and thenceforth the assignment is valid. Thereupon execution shall be issued, directing the sheriff to put the surviving spouse in full possession of the dower assigned.
Ohio Rev. Code § 5309.84 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.84
§ 5309.84. Right to appeal on questions of law and fact or on questions of law to court of appeals
Status: in_force

March 17, 1987 House Bill 412 - 116th General Assembly 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 appeal on questions of law to the court of appeals pursuant to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code.
Ohio Rev. Code § 5301.63 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.63
§ 5301.63. Solar access easement requirements
Status: in_force

August 14, 1979 House Bill 154 - 113th General Assembly 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 that grants a solar access easement shall include: (A) A description of the real property burdened and benefited by the solar access easement; (B) A description of the limits in heights, locations, or both, of permissible development on the burdened land in terms of structures, vegetation, or both, for the purpose of providing solar access for the benefited land; (C) Any terms or conditions under which the solar access easement is granted or may be terminated; (D) A term stating that the solar access easement runs with the land, unless terminated in accordance with the terms of the easement regarding termination, or unless otherwise agreed by the parties; (E) Any other provisions necessary or desirable to execute the instrument. The owner of the benefited land may prevent any obstruction of the solar access described in the solar access easement by any equitable remedy, and may maintain any action at law for any damages caused by any such obstruction. Nothing in this section shall affect the status of any recorded easement to protect or ensure adequate access of solar energy collection devices to sunlight conveyed prior to the effective date of this section.
Ohio Rev. Code § 5301.34 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.34
§ 5301.34. Release of mortgage on certificate of mortgagee or assignee
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly 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 is presented to the recorder a deed of release executed by the governor as provided in section 5301.19 of the Revised Code, certifying that the mortgage has been fully paid and satisfied. In addition to the discharge on the records by the county recorder, such certificate shall be recorded in the official records kept by the county recorder. The county recorder is entitled to the fees for such recording as provided by section 317.32 of the Revised Code for recording deeds.
Ohio Rev. Code § 5309.51 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.51
§ 5309.51. Assignment of lease, encumbrance, or lien upon registered land - registration of waivers of priority of lien
Status: in_force

February 1, 2002 House Bill 279 - 124th General Assembly 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 encumbrance, the holder's duplicate, the mortgagee's certified copy of a mortgage, or by a separate instrument acknowledged as required by section 5301.01 of the Revised Code. The assignment of only a part of the mortgage, encumbrance, lease, charge, or lien shall state whether the part transferred is to be given priority, be deferred, or rank equally with the remaining part. When that assignment is filed with the county recorder and the assignor produces the instrument of encumbrance that the assignor holds, if that instrument is the original instrument or one of the original duplicates of the instrument, and in the case of a mortgage when the assignor produces the "mortgagee's certified copy," if that copy was issued and delivered, the recorder, being satisfied that the assignment is properly made and should be registered, shall register the assignment by entering a memorial of the part transferred, the date of transfer, the name, residence, and post-office address of the transferee, how the part transferred is to rank with the remaining part, and the file number upon the register in which the instrument creating the charge is registered, and in case of assignment by separate instrument, upon the original instrument. The recorder shall endorse on the instrument of assignment the exact time of filing and the volume and folium of the register in which the assignment is registered. If the original instrument of encumbrance, or one of the duplicates of the instrument, is recorded, the assignee, on payment of the recorder's fees, may have that assignment copied on the margin of the record of the instrument assigned, or copied in a separate volume and noted on the margin of the record of the instrument assigned, if the recorder keeps any such separate volume for the record of assignments and transfers. The record of that assignment shall be noted on the indexes of the instrument assigned. If the original instrument of encumbrance or one of the original duplicates of the instrument, endorsed by the recorder, or a mortgagee's certified copy of the mortgage, is outstanding in the hands of the encumbrancer, lessee, or their assigns, no entry or memorial of an assignment or transfer of that instrument or security of any part of the instrument shall be made by the recorder without the production of the original instrument, or the endorsed original duplicate of the instrument, or the mortgagee's certified copy. Waivers of the priority of lien of mortgages may be registered subject to the requirements of this section as to assignments.
Ohio Rev. Code § 5301.254 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.254
§ 5301.254. Filing information with secretary of state by nonresident alien acquiring interest in real property
Status: in_force

March 19, 1979 Senate Bill 508 - 112th General Assembly (A) For the purposes of this section, "nonresident alien" means any individual who is not a citizen of, and is not domiciled in, the United States. (B) Every nonresident alien who acquires any interest either in his own name or in the name of another, in real property located in this state that is in excess of three acres or that has a market value greater than one hundred thousand dollars or any interest in and to minerals, and any mining or other rights appurtenant thereto or in connection therewith that has a market value in excess of fifty thousand dollars shall, within thirty days of the acquisition of the interest in the property, together with a filing fee of five dollars, submit to the secretary of state on forms prescribed by him all of the following information: (1) Name, address, and telephone number; (2) Country of citizenship; (3) Location and amount of acreage of real property; (4) Intended use of real property at the time of filing. (C) Every corporation or other business entity that is created or organized under the laws of any state or a foreign nation or that has its principal place of business in a foreign nation, in which a nonresident alien acquires at least ten per cent of the shares of stock or other interests or in which any number of nonresident aliens acquire at least forty per cent of the shares of stock or other interests, and which acquires any interest either in its own name or in the name of another, in real property located in this state that is in excess of three acres or that has a market value greater than one hundred thousand dollars or any interest in and to minerals, and any mining or other rights appurtenant thereto or exercisable in connection therewith that has a market value in excess of fifty thousand dollars shall, within thirty days of acquisition of the interest in the property, together with a filing fee of twenty-five dollars, submit to the secretary of state on forms prescribed by him all of the following information: (1) Name, address of principal place of business, and address of principal Ohio office; (2) Name, address, telephone number, and country of citizenship of each nonresident alien who owns at least ten per cent of the shares of stock or other interests, if any; (3) The percentage, within five percentage points, of shares of stock or other interests controlled by the nonresident aliens of each country represented by them if such interests exceed five per cent; (4) Location and amount of acreage of real property; (5) Principal business of corporation or entity; (6) Intended use of real property at the time of filing; (7) Chairman of the governing board, if any, chief executive, if any, and partners, if any; (8) Corporation's or entity's agent in this state; (9) Place of incorporation, if a corporation; (10) Number of persons who own shares of stock or other interests. (D) If the ownership or control of a corporation or other business entity that is required in division (C) of this section to file with the secretary of state changes in such a way that the information contained on the filing form is no longer accurate, the corporation or other business entity shall notify the secretary of state in writing of such change within thirty days of the occurrence of the change. If the ownership or control of a corporation or other business entity that owns real property in an amount larger than three acres or that has a market value greater than one hundred thousand dollars or that owns any interest in and to minerals, and any mining or other rights appurtenant thereto or exercisable in connection therewith that has a market value in excess of fifty thousand dollars changes in such a way that a nonresident alien acquires at least ten per cent of the shares of stock or other interests or any number of nonresident aliens acquire at least forty per cent of the shares of stock or other interests, the corporation or other business entity shall file with the secretary of state as required in division (C) of this section within thirty days of the occurrence of the change. If a nonresident alien who is required to file with the secretary of state in division (B) of this section becomes a resident alien or a citizen of the United States, he shall notify the secretary of state in writing of the change in his status within thirty days of the change. If a nonresident alien or a corporation or other business entity that is required to file with the secretary of state pursuant to this section sells the real property or mineral or mining rights that were reported to the secretary of state, the nonresident alien or corporation or other business entity shall notify the secretary of state in writing of the sale within thirty days of the sale. (E) The secretary of state shall: (1) Prescribe all forms and make all rules that are necessary for the implementation of this section; (2) Maintain accurate records of the information that he receives pursuant to this section and make such information available to the public; (3) Annually report this information, itemized by county, to the general assembly. (F) No nonresident alien or corporation or other business entity that is required to file with the secretary of state pursuant to this section shall fail to comply with this section. Either the county prosecutor of the county in which the real property or the mineral or mining rights are located or the attorney general may bring action against any alleged offender. The secretary of state may request a county prosecutor or the attorney general to bring such an action. (G) The filing of the information required by this section shall not be construed to perfect any interests permitted to be perfected under Title XIII of the Revised Code by filing with the secretary of state. Last updated October 14, 2025 at 3:36 PM
Ohio Rev. Code § 5321.13 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.13
§ 5321.13. Terms prohibited in rental agreement
Status: in_force

August 22, 1990 Senate Bill 258 - 118th General Assembly (A) No provision of this chapter may be modified or waived by any oral or written agreement except as provided in division (F) of this section. (B) No warrant of attorney to confess judgment shall be recognized in any rental agreement or in any other agreement between a landlord and tenant for the recovery of rent or damages to the residential premises. (C) No agreement to pay the landlord's or tenant's attorney's fees shall be recognized in any rental agreement for residential premises or in any other agreement between a landlord and tenant. (D) No agreement by a tenant to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or its related costs shall be recognized in any rental agreement or in any other agreement between a landlord and tenant. (E) A rental agreement, or the assignment, conveyance, trust deed, or security instrument of the landlord's interest in the rental agreement may not permit the receipt of rent free of the obligation to comply with section 5321.04 of the Revised Code. (F) The landlord may agree to assume responsibility for fulfilling any duty or obligation imposed on a tenant by section 5321.05 of the Revised Code, other than the obligation specified in division (A)(9) of that section.
Ohio Rev. Code § 5311.03 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.03
§ 5311.03. Condominium units deemed real property
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly (A) Each unit of a condominium property, together with the undivided interest in the common elements appurtenant to it, is real property for all purposes and is real estate within the meaning of all provisions of the Revised Code. (B) A unit owner is entitled to the exclusive ownership and possession of the unit and to ownership of an undivided interest in the common elements as expressed in the declaration. (C)(1) Each residential and commercial unit shall have a direct exit to a public street or highway, to a common element leading to a public street or highway, or to a permanent easement leading to a public street or highway. (2) Each water slip unit shall have a direct exit to a body of water, to a common element leading to a body of water, or to a permanent easement leading to a body of water. Each water slip unit also shall have a direct exit to a public street or highway or to a common element leading to a public street or highway. (D) Unless otherwise provided in the declaration or drawings: (1) The boundaries of residential and commercial units are the interior surfaces of the perimeter walls, floors, and ceilings. (2) Windows and doors, sashes, thresholds, frames, jambs, and hardware in the perimeter walls, floors, or ceilings of the unit are part of the unit. (3) Supporting walls, fixtures, and other parts of the building that are within the boundaries of the unit but that are necessary for the existence, support, maintenance, safety, or comfort of any other part of the condominium property are not part of the unit. (E)(1) Ownership of a residential unit includes the right to exclusive possession, use, and enjoyment of the interior surfaces of the perimeter walls, floors, and ceilings and of the supporting walls, fixtures, and other parts of the building within its boundaries, including the right to paint, tile, wax, paper, or otherwise finish, refinish, or decorate the unit. (2) Ownership of a water slip unit includes the exclusive right to moor a watercraft in the portion of water above the water slip unit and the right to exclusive possession, use, and enjoyment of the piers or wharves that are within the boundaries of the water slip unit. (3) Ownership of a commercial unit includes the right to exclusive possession, use, and enjoyment of the unit within the unit's boundaries. (F) Each unit is subject to the right of access for the purpose of maintenance, repair, or service of any common element located within its boundaries or of any portion of the unit itself by persons authorized by the board of directors of the unit owners association. No maintenance, repair, or service of any portion of a unit shall be authorized, however, unless it is necessary in the opinion of the board of directors for public safety or in order to prevent damage to or destruction of any other part of the condominium property.
Ohio Rev. Code § 5301.81 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.81
§ 5301.81. Holder of environmental covenant
Status: in_force

December 30, 2004 House Bill 516 - 125th General Assembly (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 right of an agency under sections 5301.80 to 5301.92 of the Revised Code or under an environmental covenant, other than a right as a holder, is not an interest in real property.
Ohio Rev. Code § 5301.68 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.68
§ 5301.68. Granting conservation or agricultural easement
Status: in_force

January 1, 2016 House Bill 64 - 131st General Assembly 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. of the Revised Code, a soil and water conservation district created under Chapter 940. of the Revised Code, a regional water and sewer district created under Chapter 6119. of the Revised Code, a county, a township, a municipal corporation, or a charitable organization that is authorized to hold conservation easements by division (B) of section 5301.69 of the Revised Code, in the form of articles of dedication, easement, covenant, restriction, or condition. An owner of land also may grant an agricultural easement to the director of agriculture; to a municipal corporation, county, township, or soil and water conservation district; or to a charitable organization described in division (B) of section 5301.69 of the Revised Code. An owner of land may grant an agricultural easement only on land that is valued for purposes of real property taxation at its current value for agricultural use under section 5713.31 of the Revised Code or that constitutes a homestead when the easement is granted. All conservation easements and agricultural easements shall be executed and recorded in the same manner as other instruments conveying interests in land.
Ohio Rev. Code § 5311.09 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.09
§ 5311.09. Unit owners association records
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly (A)(1) The unit owners association shall keep all of the following: (a) Correct and complete books and records of account that specify the receipts and expenditures relating to the common elements and other common receipts and expenses; (b) Records showing the allocation, distribution, and collection of the common profits, losses, and expenses among and from the unit owners; (c) Minutes of the meetings of the association and the board of directors; (d) Records of the names and addresses of the unit owners and their respective undivided interests in the common elements. (2) Within thirty days after a unit owner obtains a condominium ownership interest, the unit owner shall provide the following information in writing to the unit owners association through the board of directors: (a) The home address, home and business mailing addresses, and the home and business telephone numbers of the unit owner and all occupants of the unit; (b) The name, business address, and business telephone number of any person who manages the owner's unit as an agent of that owner. (3) Within thirty days after a change in any information that division (A)(2) of this section requires, a unit owner shall notify the association, through the board of directors, in writing of the change. When the board of directors requests, a unit owner shall verify or update the information. (B)(1) When elected members of a board of directors of a unit owners association take control of the association, the declarant or developer shall deliver to the board correct and complete copies of all of the following: (a) The books, records, and minutes referred to in division (A) of this section; (b) The declaration, the bylaws, the drawings prepared pursuant to section 5311.07 of the Revised Code, as recorded, and any articles of incorporation of the unit owners association, as recorded; (c) Except in the case of a conversion condominium, documents, information, and sources of information concerning the location of underground utility lines, and plans and specifications that are not proprietary or copyrighted, of the buildings, other improvements, and structures of the condominium property that are reasonably available to the developer, but only in connection with condominium developments declared on or after the effective date of this amendment and condominium developments that are declared prior to that date but originally built or constructed on or after that date. (2) The board of directors may commence a civil action on behalf of the unit owners association in the court of common pleas of the county in which the condominium property is located to obtain injunctive relief or recover damages for harm resulting from the declarant's or developer's failure to comply with division (B)(1) of this section.
Ohio Rev. Code § 5311.27 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.27
§ 5311.27. Purchaser's remedies - attorney general actions
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly (A)(1) In addition to any other remedy available, a contract or agreement for the sale of a condominium ownership interest that is executed in violation of section 5311.25 or 5311.26 of the Revised Code shall be voidable by the purchaser until the later of fifteen days after the contract is entered into for sale of the condominium ownership interest or fifteen days after the purchaser executes a document evidencing receipt of the information required by section 5311.26 of the Revised Code, except that in no case is the contract or agreement voidable after the title to the condominium ownership interest is conveyed to the purchaser. (2) Upon the exercise of the right to void the contract or agreement, the developer or an agent shall refund fully and promptly to the purchaser any deposit or other prepaid fee or item and any amount paid on the purchase price and shall pay all closing costs paid by the purchaser or for which the purchaser is liable in connection with the void sale. (B)(1) Any developer or agent who sells a condominium ownership interest in violation of section 5311.25 or 5311.26 of the Revised Code shall be liable to the purchaser in an amount equal to the difference between the amount paid for the interest and the least of the following amounts: (a) The fair market value of the interest as of the time the suit is brought; (b) The price at which the interest is disposed of in a bona fide market transaction before suit is brought; (c) The price at which the unit is disposed of in a bona fide market transaction after suit is brought but before judgment is entered. (2)(a) In no case shall the amount recoverable under this section be less than five hundred dollars for each violation against each purchaser bringing an action under this section, together with court costs and reasonable attorney's fees. (b) If the purchaser complaining of the violation of section 5311.25 or 5311.26 of the Revised Code brings or maintains an action that the purchaser knows to be groundless or in bad faith and if the developer or agent prevails, the court shall award reasonable attorney's fees to the developer or agent. (C)(1) If the attorney general has reason to believe that substantial numbers of persons are affected and substantial harm is occurring or is about to occur to those persons or that the case is otherwise of substantial public interest, the attorney general may do either of the following: (a) Bring an action to obtain a declaratory judgment that an act or practice of a developer violates section 5311.25 or 5311.26 of the Revised Code or the condominium instruments, or to enjoin a developer who is violating or threatening to violate those sections or instruments; (b) Bring a class action for damages on behalf of persons injured by a developer's violation of section 5311.25 or 5311.26 of the Revised Code or of the condominium instruments. (2)(a) On motion of the attorney general and without bond, in an attorney general's action under this section, the court may make appropriate orders, including, but not limited to, orders for appointment of a master or a receiver, for sequestration of assets, to reimburse persons found to have been damaged, or to grant other appropriate relief. The court may assess the expenses of a master or receiver against the developer. (b) Any moneys or property recovered by the attorney general in an action under this section that, with due diligence within five years, cannot be restored to persons entitled to them shall be unclaimed funds reportable under Chapter 169. of the Revised Code. (c) No action may be brought by the attorney general under this section to recover for a transaction more than two years after the occurrence of a violation. (d) If a court determines that provision has been made for reimbursement or other appropriate corrective action, insofar as practicable, with respect to all persons damaged by a violation, or in any other appropriate case, the attorney general, with court approval, may terminate enforcement proceedings brought by the attorney general upon acceptance of an assurance from the developer of voluntary compliance with sections 5311.25 and 5311.26 of the Revised Code or with the condominium instruments, with respect to the alleged violation. The assurance shall be filed with the court and entered as a consent judgment. A consent judgment is not evidence of prior violation of those sections. Disregard of the terms of a consent judgment entered upon an assurance shall be treated as a violation of an injunction issued under this section. (D) Nonmaterial errors and omissions in the disclosure statements required by sections 5311.25 and 5311.26 of the Revised Code shall not be actionable in a civil action otherwise authorized by this section if the developer or agent has attempted in good faith to comply with the disclosure requirements and if the developer or agent has substantially complied with those requirements. Disclaimer Contact About
Ohio Rev. Code § 5321.06 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.06
§ 5321.06. Terms and conditions of rental agreement
Status: in_force

November 4, 1974 Senate Bill 103 - 110th General Assembly A landlord and a tenant may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are not inconsistent with or prohibited by Chapter 5321. of the Revised Code or any other rule of law.
Ohio Rev. Code § 5303.31 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.31
§ 5303.31. Estates may be leased
Status: in_force

October 14, 1983 Senate Bill 115 - 115th General Assembly (A) Upon like proceedings as for the sale of an estate described in section 5303.21 of the Revised Code, but subject to division (B) of this section, the court of common pleas may direct that such estate be leased for a term of years, renewable or otherwise, with or without an option on the part of the lessee to purchase the estate leased, as appears most beneficial, and on such terms as appear just and equitable. The rents and profits shall be paid to the person who might otherwise be entitled to the use and occupancy of the estate or the income of it. (B) If an estate is held in trust and if the trustee is authorized by the trust instrument of lease real property, a court of common pleas shall not direct pursuant to division (A) of this section that the estate be leased unless the trustee consents to the lease.
Ohio Rev. Code § 5302.221 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.221
§ 5302.221. Transfer on death deed medicaid estate recovery form
Status: in_force

April 6, 2017 Senate Bill 227 - 131st General Assembly (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 affidavit as provided in section 5302.22 of the Revised Code, who survives the deceased owner of the real property or an interest in the real property or that is in existence on the date of death of the deceased owner, or that beneficiary's representative is to indicate both of the following: (1) Which of the following applies to the deceased owner: (a) The deceased owner had been a medicaid recipient. (b) The deceased owner had never been a medicaid recipient. (c) The beneficiary or representative does not know whether the deceased owner had ever been a medicaid recipient. (2) If the spouse of the deceased owner died before the owner died, which of the following applies to the predeceased spouse: (a) The predeceased spouse had been a medicaid recipient. (b) The predeceased spouse had never been a medicaid recipient. (c) The beneficiary or representative does not know whether the predeceased spouse had ever been a medicaid recipient. (C) The administrator of the medicaid estate recovery program shall make the form prescribed under division (B) of this section available to county recorders. A county recorder shall provide a copy of the form to a beneficiary of a transfer on death designation affidavit or the beneficiary's representative before recording the transfer of the real property or interest in the real property under section 5302.222 of the Revised Code. A beneficiary or beneficiary's representative shall submit a copy of the properly completed form to the administrator of the medicaid estate recovery program if the beneficiary or representative indicates any of the following on the form: (1) That the deceased owner had been a medicaid recipient or that the beneficiary or representative does not know whether the deceased owner had ever been a medicaid recipient; (2) That the predeceased spouse of the deceased owner had been a medicaid recipient or that the beneficiary or representative does not know whether the predeceased spouse had ever been a medicaid recipient.
Ohio Rev. Code § 5309.35 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.35
§ 5309.35. Record of trusts and exceptional estates in registered land
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 fees, be recorded by the county recorder in books to be kept for that purpose in his office and known as the "record of trusts and exceptional estates in registered land." The number of the page of the record shall be noted on the folium of the register of land titles in which the land affected is entered, and such reference shall be made to such number in the certificate of title or memorial.
Ohio Rev. Code § 5302.21 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.21
§ 5302.21. Prior tenancy by the entireties or survivorship tenancy
Status: in_force

April 4, 1985 Senate Bill 201 - 115th General Assembly (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 prior to the effective date of this section. If spouses covered by such deeds are tenants by the entireties on the day prior to the effective date of this section, such deeds continue to be valid on and after such effective date, and, unless they choose to do so, the spouses do not have to prepare a deed, as described in section 5302.17 of the Revised Code as effective on the effective date of this section, creating in themselves a survivorship tenancy. (B) Sections 5302.17 to 5302.20 of the Revised Code do not affect conveyances or devises of real property to two or more persons for their joint lives and then to the survivor or survivors of them, that occurred prior to the effective date of this section and that did not involve tenancies by the entireties. These conveyances and devises, if they are valid on the effective date of this section, continue to be valid on and after that date. Unless persons so holding property choose to do so, they do not have to prepare a deed, as described in section 5302.17 of the Revised Code as effective on the effective date of this section, creating in themselves a survivorship tenancy.
Ohio Rev. Code § 5303.32 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.32
§ 5303.32. Sale of property given for a religious use
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When real estate, except burial grounds or cemeteries, has been donated, bequeathed, or otherwise entrusted to, or purchased by any person or trustee, for public religious use, but not to or for the use of a specific or particular religious society or denomination, or when it has been donated, bequeathed, or entrusted to, or purchased by a particular religious society or denomination, and abandoned for such use, the court of common pleas of the county in which it is located, on good cause shown, upon the petition of a citizen of the vicinity, may make an order for the sale of such property, whether or not it has been built upon or otherwise improved, and make such order as to costs and the disposition of the proceeds of the sale to such religious or other public use as is just and equitable. The purchaser shall be invested with as full and complete a title thereto as the character of the original grant for such religious use permits.
Ohio Rev. Code § 5309.68 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.68
§ 5309.68. Certificate of title - surrender - withdrawal
Status: in_force

September 29, 2013 House Bill 59 - 130th General Assembly 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 and signed, and shall have attached to it the owner's duplicate certificate of title. Thereupon the county recorder shall register or record the affidavit and, upon order of the court, cancel said certificate of record and record the court's order in the unregistered land official records. Thereafter, said title shall be considered the same as other unregistered lands. A registration certificate that has been surrendered as herein provided shall be recorded according to law, and thereafter the lands conveyed therein shall be considered the same as other unregistered lands.
Ohio Rev. Code § 5309.96 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.96
§ 5309.96. Instruments shall not be taken from office - copies
Status: in_force

October 29, 2003 House Bill NO53 - 125th General Assembly 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 section 5309.031 of the Revised Code, shall be taken or otherwise caused to be removed from the recorder's office except by a subpoena duces tecum issued for and served upon the recorder by a court of record. When any record, instrument, paper, or other document is registered, the recorder, on demand and the tendering of the proper fee for it, shall deliver to any person a copy of the record, instrument, paper, or other document with, when applicable, all memoranda, memorials, and notations on it, certified under the recorder's hand and seal of office. The recorder shall endorse, in writing, across the face of all such copies, in red ink, "copy; no rights conveyed hereby." Every copy of original records, instruments, papers, or other documents, certified as provided in this section, shall be received in all cases in place of the original record, instrument, paper, or other document and shall have the same effect in evidence as the original record, instrument, paper, or other document.
Ohio Rev. Code § 5321.19 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.19
§ 5321.19. Effect of chapter on political subdivisions
Status: in_force

September 23, 2022 House Bill 430 - 134th General Assembly (A) Except as provided in division (B) of this section, no political subdivision may enact, adopt, renew, maintain, enforce, or continue in existence any charter provision, ordinance, resolution, rule, or other measure that is in conflict with this chapter, or that regulates the rights and obligations of parties to a rental agreement that are regulated by this chapter, including, without limitation, by any way imposing or requiring rent control or rent stabilization. (B) This chapter does not preempt any of the following: (1) Housing, building, health, or safety code, or any ordinance as described in division (A)(9) of section 5321.04 of the Revised Code, of any political subdivision; (2) Charter provision, ordinance, resolution, rule, or other measure of a political subdivision that regulates, or has the effect of regulating in any way, rent charged or paid for the use of residential premises that such political subdivision owns or operates; (3) A political subdivision from adopting any charter provision, ordinance, resolution, rule, or other measure to implement a plan to use voluntary incentives or agreements that regulates, or has the effect of regulating in any way, rent charged or paid for the use of residential premises so long as such regulating is related to voluntary incentives or agreements to increase or maintain the supply or improve the quality of available residential premises, including, without limitation, incentives authorized by federal law, the incentives set forth in sections 3735.65 to 3735.70 of the Revised Code, tax abatements, tax credit financing, bond or other financing, or loans or grants from the political subdivision. Last updated October 20, 2022 at 9:57 AM
Ohio Rev. Code § 5302.222 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.222
§ 5302.222. Transfer of deceased's real property; Recording; Affidavit of confirmation
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly (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 property is located and filing with the county recorder of that county an affidavit of confirmation executed by any transfer on death beneficiary to whom the transfer is made. The affidavit of confirmation shall be verified before a person authorized to administer oaths and shall be accompanied by a certified copy of the death certificate for the deceased owner. The affidavit of confirmation shall contain all of the following information: (1) The name and address of each transfer on death beneficiary who survived the deceased owner or that is in existence on the date of death of the deceased owner. If a named beneficiary was designated as a transfer on death beneficiary solely in that person's capacity as a trustee of a trust and that trustee subsequently has been replaced by a successor trustee, the affidavit of confirmation shall include the name and address of the successor trustee and shall be accompanied by a copy of the recorded successor trustee affidavit described in section 5302.171 of the Revised Code. (2) The date of death of the deceased owner; (3) A description of the subject real property or interest in real property; (4) The name of each transfer on death beneficiary who has not survived the deceased owner or that is not in existence on the date of death of the deceased owner. (B) The affidavit of confirmation shall be accompanied by a certified copy of the death certificate for each transfer on death beneficiary who has not survived the deceased owner. (C) The county recorder shall record in the official records any affidavit of confirmation filed under this section. (D) Upon the death of any individual holding real property or an interest in real property that is the subject of a transfer on death designation affidavit as provided in section 5302.22 of the Revised Code, if the title to the real property is registered pursuant to Chapter 5309. of the Revised Code, the procedure for the transfer of the interest of the deceased owner to the transfer on death beneficiary or beneficiaries designated in the affidavit shall be pursuant to section 5309.081 of the Revised Code. (E) Any person who knowingly makes any false statement in an affidavit of confirmation is guilty of falsification under division (A)(6) of section 2921.13 of the Revised Code.
Ohio Rev. Code § 5301.44 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.44
§ 5301.44. Certified copy of record in action to cure defects
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 situated at the time of such record, the record or a certified copy thereof in an action to cure or supply such defect, mistake, or omission, or to compel the execution of a valid conveyance of such real estate, may be read in evidence, and shall be prima-facie evidence that such instrument was executed and existed as shown by such record.
Ohio Rev. Code § 5301.51 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.51
§ 5301.51. Preservation of interest in land
Status: in_force

May 31, 1988 House Bill 502 - 117th General Assembly (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 compliance with section 5301.52 of the Revised Code. No disability or lack of knowledge of any kind on the part of anyone suspends the running of the forty-year period. The notice may be filed for record by the claimant or by any other person acting on behalf of any claimant who is: (1) Under a disability; (2) Unable to assert a claim on his own behalf; or (3) One of a class, but whose identity cannot be established or is uncertain at the time of filing the notice of claim for record. (B) If the same record owner of any possessory interest in land has been in possession of the land continuously for a period of forty years or more, during which period no title transaction with respect to such interest appears of record in his chain of title, and no notice has been filed by him on his behalf as provided in division (A) of this section, and such possession continues to the time when marketability is being determined, the period of possession is equivalent to the filing of the notice immediately preceding the termination of the forty-year period described in division (A) of this section.
Ohio Rev. Code § 5321.09 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.09
§ 5321.09. Landlord application for release of rent
Status: in_force

August 22, 1990 Senate Bill 258 - 118th General Assembly (A) A landlord who receives notice that rent due him has been deposited with a clerk of a municipal or county court pursuant to section 5321.07 of the Revised Code, may do any of the following: (1) Apply to the clerk of the court for release of the rent on the ground that the condition contained in the notice given pursuant to division (A) of section 5321.07 of the Revised Code has been remedied. The clerk shall forthwith release the rent, less costs, to the landlord if the tenant gives written notice to the clerk that the condition has been remedied. (2) Apply to the court for release of the rent on the ground that the tenant did not comply with the notice requirement of division (A) of section 5321.07 of the Revised Code, or that the tenant was not current in rent payments due under the rental agreement at the time the tenant initiated rent deposits with the clerk of the court under division (B)(1) of section 5321.07 of the Revised Code. (3) Apply to the court for release of the rent on the ground that there was no violation of any obligation imposed upon the landlord by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section, any obligation imposed upon him by the rental agreement, or any obligation imposed upon him by any building, housing, health, or safety code, or that the condition contained in the notice given pursuant to division (A) of section 5321.07 of the Revised Code has been remedied. (B) The tenant shall be named as a party to any action filed by the landlord under this section, and shall have the right to file an answer and counterclaim, as in other civil actions. A trial shall be held within sixty days of the date of the filing of the landlord's complaint, unless, for good cause shown, the court continues the period for trial. (C) If the court finds that there was no violation of any obligation imposed upon the landlord by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section, any obligation imposed upon him by the rental agreement, or any obligation imposed upon him by any building, housing, health, or safety code, that the condition contained in the notice given pursuant to division (A) of section 5321.07 of the Revised Code has been remedied, that the tenant did not comply with the notice requirement of division (A) of section 5321.07 of the Revised Code, or that the tenant was not current in rent payments at the time the tenant initiated rent deposits with the clerk of court under division (B)(1) of section 5321.07 of the Revised Code, the court shall order the release to the landlord of rent on deposit with the clerk, less costs. (D) If the court finds that the condition contained in the notice given pursuant to division (A) of section 5321.07 of the Revised Code was the result of an act or omission of the tenant, or that the tenant intentionally acted in bad faith in proceeding under section 5321.07 of the Revised Code, the tenant shall be liable for damages caused to the landlord and costs, together with reasonable attorney's fees if the tenant intentionally acted in bad faith.
Ohio Rev. Code § 5301.011 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.011
§ 5301.011. Recorded instrument to contain volume and page reference
Status: in_force

January 23, 1963 House Bill 1 - 105th General Assembly A recorded grant, reservation, or agreement creating an easement or a recorded lease of any interest in real property shall contain a reference by volume and page to the record of the deed or other recorded instrument under which the grantor claims title, but the omission of such reference shall not affect the validity of the same.
Ohio Rev. Code § 5301.332 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.332
§ 5301.332. Forfeiture for failure of lessee, successors or assigns to abide by specifically described covenants
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly (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 specifically described covenants provided for in the lease, or because the term of the lease has expired, the lessor or the lessor's successors or assigns may file for record an affidavit of forfeiture with the county recorder after serving notice by certified mail, return receipt requested, to the lessee or the lessee's successors or assigns, at the lessee's or the lessee's successors' or assigns' last known address, or if service is not obtained by certified mail, by giving notice by publication at least once in a newspaper of general circulation in the county in which the land is located of the lessor's intent to declare the lease forfeited. (2) The notice or publication shall be addressed to the lessee or the lessee's successors or assigns, and shall contain the name of the lessee; a general description of the land; the number of acres; the date of the lease; the volume and page of the lease record where the lease is recorded; the cause of the forfeiture; and shall state the intention of the lessor to file for record an affidavit of forfeiture with the county recorder if the lessee does not have the lease released of record within thirty days from the date of receipt of the notice or of publication. (B) After thirty days and not more than sixty days from the date of proof of mailing or publication of the notice, the lessor or the lessor's successors or assigns may file with the county recorder an affidavit of forfeiture setting forth that such person is the lessor of an oil or gas lease; the file number or volume and page of the lease record where the oil or gas lease is recorded; that the lessee or the lessee's successors or assigns, have failed and neglected to comply with specifically described covenants provided for in the lease, reciting the facts constituting such failure, or that the term of the lease has expired; that there are no producing or drilling oil or gas wells on the leased premises; that the lease has been forfeited and is void; and that notice was served on the lessee or the lessee's successors or assigns, or that publication was made, and the manner and time thereof. (C) If the lessee or the lessee's successors or assigns claims that the lease is in full force and effect, the lessee or the lessee's successors or assigns shall, within sixty days after the mailing or publication of the notice of the lessor of the lessor's intention to declare the lease forfeited, notify the person who filed the affidavit of forfeiture of the claim, and file for record an affidavit with the office of the county recorder of the county in which the land is situated stating that the lease has not been forfeited and that the lessee or the lessee's successors or assigns still claim that the lease is in full force and effect. (D) If the lessee or the lessee's successors or assigns do not give such notice in writing to the lessor at any time prior to the sixtieth day after the mailing or publication of the notice of the lessor of the lessor's intention to declare the lease forfeited, then the lessor shall file for record with the county recorder a notice of failure to file. The notice shall contain all of the following: (1) A statement that the person filing the notice is the lessor or the lessor's successors or assigns; (2) The document number or volume and page of the lease record where the oil or gas lease is recorded; (3) A general description of the land; (4) The statement: "This lease cancelled pursuant to affidavit of forfeiture recorded as Document Number _____, or Official Record/Lease Vol. _____, Page _____" Thereafter, the record of the lease shall not be notice to the public of the existence of the lease or of any interest therein or rights thereunder and the record shall not be received in evidence in any court of the state on behalf of the lessee or the lessee's successors or assigns, or against the lessor or the lessor's successors or assigns. (E) For recording the affidavit of forfeiture, the affidavit giving notice that the lease has not been forfeited, and the notice of failure to file, the county recorder shall charge the fees provided by section 317.32 of the Revised Code.
Ohio Rev. Code § 5301.37 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.37
§ 5301.37. Recording of separate instruments
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 assignments, cancellations, or further transactions relating to the instruments so recorded, such transactions shall be effected by separate instruments executed and recorded according to law.
Ohio Rev. Code § 5311.20 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.20
§ 5311.20. Unit owners association may sue or be sued
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the unit owners association by statute or otherwise, the unit owners association may sue or be sued as a separate legal entity. In any action of that nature, service of summons or other process may be made upon the unit owners association by serving the process personally upon the president or other designated representative of the unit owners association named in the declaration to receive service of process, or the person named as statutory agent of the association if it is an incorporated entity, or by leaving the process at the residence or place of business of a person named in the declaration or named as statutory agent. Any action brought by or on behalf of the unit owners association shall be pursuant to authority granted by the board of directors.
Ohio Rev. Code § 5301.29 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.29
§ 5301.29. Releases of mortgages made valid
Status: in_force

November 9, 1959 Senate Bill 86 - 103rd General Assembly When any release, cancellation, or satisfaction of a mortgage of real estate has been of record for more than twenty-one years in the office of the county recorder of the county in which such real estate is situated, and the record thereof shows that there is a defect in such release, cancellation, or satisfaction, such release, cancellation, or satisfaction and the record thereof shall be cured of such defect, if such defect is due to any of the following: (A) It purports to be signed by an agent or attorney of the mortgagee or a trustee, and no power of attorney or other evidence of authority so to release, cancel, or satisfy such mortgage is of record. (B) It was signed by less than all of two or more executors, administrators, guardians, assignees in insolvency, or trustees. (C) The record of such release, cancellation, or satisfaction is not attested by the recorder. (D) The release, cancellation, or satisfaction by a corporation is executed by officers thereof without signing the name of the corporation thereto.
Ohio Rev. Code § 5311.18 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.18
§ 5311.18. Lien for common expenses
Status: in_force

September 13, 2022 Senate Bill 61 - 134th General Assembly (A)(1) Unless otherwise provided by the declaration or the bylaws, the unit owners association has a continuing lien upon the estate or interest of the owner in any unit and the appurtenant undivided interest in the common elements for the payment of any of the following expenses that are chargeable against the unit and that remain unpaid for ten days after any portion has become due and payable: (a) The portion of the common expenses chargeable against the unit; (b) Interest, administrative late fees, enforcement assessments, and collection costs, attorney's fees, and paralegal fees the association incurs if authorized by the declaration, the bylaws, or the rules of the unit owners association and if chargeable against the unit. (2) Unless otherwise provided by the declaration, the bylaws, or the rules of the unit owners association, the association shall credit payments made by a unit owner for the expenses described in divisions (A)(1)(a) and (b) of this section in the following order of priority: (a) First, to interest owed to the association; (b) Second, to administrative late fees owed to the association; (c) Third, to collection costs, attorney's fees, and paralegal fees incurred by the association; (d) Fourth, to the principal amounts the unit owner owes to the association for the common expenses or penalty assessments chargeable against the unit. (3) The lien described in division (A)(1) of this section is effective on the date that a certificate of lien in the form described in division (A)(3) of this section is filed for record in the office of the recorder of the county or counties in which the condominium property is situated pursuant to an authorization given by the board of directors of the unit owners association. The certificate shall contain a description of the unit, the name of the record owner of the unit, and the amount of the unpaid portion of the common expenses and, subject to subsequent adjustments, any unpaid interest, administrative late fees, enforcement assessments, collection costs, attorney's fees, and paralegal fees. The certificate shall be subscribed by the president or other designated representative of the association. (4) The lien described in division (A)(1) of this section is valid for a period of five years from the date of filing, unless it is sooner released or satisfied in the same manner provided by law for the release and satisfaction of mortgages on real property or unless it is discharged by the final judgment or order of a court in an action brought to discharge the lien as provided in division (C) of this section. (B)(1) The lien described in division (A)(1) of this section is prior to any lien or encumbrance subsequently arising or created except liens for real estate taxes and assessments of political subdivisions and liens of first mortgages that have been filed for record and may be foreclosed in the same manner as a mortgage on real property in an action brought on behalf of the unit owners association as authorized by the board of directors. (2) In a foreclosure action a unit owners association commences pursuant to division (B)(1) of this section or a foreclosure action the holder of a first mortgage or other lien on a unit commences, the owner of the unit, as the defendant in the action, shall be required to pay a reasonable rental for the unit during the pendency of the action. The unit owners association or the holder of the lien is entitled to the appointment of a receiver to collect the rental. Each rental payment a receiver collects during the pendency of the foreclosure action shall be applied first to the payment of the portion of the common expenses chargeable to the unit during the foreclosure action. (3) In a foreclosure action the holder of a lien on a unit commences, the holder of that lien shall name the unit owners association as a defendant in the action. (4) Unless prohibited by the declaration or the bylaws, following a foreclosure action a unit owners association commences pursuant to division (B)(1) of this section or a foreclosure action the holder of a lien on a unit commences, the association or its agent duly authorized by action of the board of directors, is entitled to become a purchaser at the foreclosure sale. (5) A mortgage on a unit may contain a provision that secures the mortgagee's advances for the payment of the portion of the common expenses chargeable against the unit upon which the mortgagee holds the mortgage. (6) In any foreclosure action, it is not a defense, set off, counterclaim, or crossclaim that the unit owners association has failed to provide the unit owner with any service, goods, work, or material, or failed in any other duty. (C) A unit owner who believes that the portion of the common expenses chargeable to the unit, for which the unit owners association files a certificate of lien pursuant to division (A) of this section, has been improperly charged may commence an action for the discharge of the lien in the court of common pleas of the county in which all or a part of the condominium property is situated. In the action, if it is finally determined that the portion of the common expenses was improperly charged to the unit owner or the unit, the court shall enter an order that it determines to be just, which may provide for a discharge of record of all or a portion of the lien. Last updated June 29, 2022 at 2:29 PM
Ohio Rev. Code § 5315.03 — Ohio Revised Code / Title 53 / Chapter 5315 / § 5315.03
§ 5315.03. Application; qualifications; participation
Status: in_force

September 28, 2016 House Bill 303 - 131st General Assembly (A) An applicant to the D.O.L.L.A.R. deed program shall submit both of the following to the loss mitigation department of the lender of the mortgage that is in default: (1) An application form as set forth in section 5315.02 of the Revised Code; (2) A request for modification and affidavit form developed under the home affordable modification program. (B) To qualify for the program, all of the following shall apply: (1) The applicant need not be eligible for another mortgage loss mitigation alternative or program. (2) The applicant's front-end and back-end debt-to-income ratios must fall below the current ratios set for the home affordable modification program at the time the application is submitted to the lender. (3) The applicant must occupy the residence. (C) The lender shall respond to the applicant in writing not later than thirty days after the date the lender receives all application documents. (D) The lender is not required to participate in the program.
Ohio Rev. Code § 5305.05 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.05
§ 5305.05. Death of plaintiff before assignment
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When a plaintiff in an action to assign dower dies before the assignment, or before entry of the final judgment, the action may be revived in the name of the executor or administrator. The court of common pleas shall determine, if not before decided, whether the plaintiff was entitled to dower in such action. If the plaintiff was so entitled, the court shall adjudge in favor of such executor or administrator a sum equal to one third of the rental value of the real estate in which the plaintiff was entitled to dower, from the filing of the petition until death, after deducting one third of the necessary expenses. The sum so adjudged in favor of such executor or administrator is a lien upon such real estate, and its payment may be enforced by sale as upon execution.
Ohio Rev. Code § 5302.24 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.24
§ 5302.24. Affect of R.C. 5302.22, 5302.222, and 5302.23
Status: in_force

March 14, 2017 Senate Bill 232 - 131st General Assembly 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 designation made, pursuant to section 5302.22 of the Revised Code as it existed prior to that date. If that deed or designation is valid on the day prior to that date, the deed or designation continues to be valid on and after that date. A grantee of that deed need not execute a transfer on death designation affidavit that designates the same transfer on death beneficiary or beneficiaries as in the deed unless the grantee chooses to do so. Last updated February 24, 2022 at 12:50 PM
Ohio Rev. Code § 5309.16 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.16
§ 5309.16. Answer day
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 copy of such published notice to be served on the defendants by registered letter, mailed by the clerk of the probate court or the clerk of the court of common pleas, with a five day return card thereon, to every defendant named in said notice whose address is given or known. The court shall cause a copy of the notice attested by the clerk to be posted by the sheriff in a conspicuous place on each parcel of land included in the application, at least fourteen days before the answer day of such notice. Such sheriff's return shall be proof of such posting. The court may cause additional notice of the application to be given or additional persons to be made parties and served as provided by law in civil actions. The court shall, so far as it considers it possible, require proof of actual notice to all adjoining owners and to all persons resident of the state who appear to be in possession or occupancy of, or to have any interest in or claim to, or lien or charge upon the land, or any part thereof, included in the application. If any registered letter containing such published notice, mailed by the clerk to a defendant named as a resident of the state, is returned undelivered, such notice shall be remailed by the clerk to any other address of such party of which the plaintiff is able to learn and which he shall designate by amendment of his application filed in the case. If there is no other address, or if said letter is again returned undelivered, the clerk shall thereupon, on the praecipe of the plaintiff, issue summons for such defendant as in other cases. Such summons shall be directed to the sheriff of each of the counties in which the plaintiff, in his application or any amendment thereof, states that such defendant resides. Such summons shall have attached thereto an attested copy of said published notice. If said summons and notice are returned unserved because the defendant cannot be found, then such defendant may be regarded as having been served by such published notice as a person whose place of residence and post-office address are unknown. In all cases, whether of original registration or subsequently arising in any way in reference to registered land or any interest in or lien or charge upon it, in which notice is required or may be ordered by the court to be given to parties by the clerk by publishing or mailing, or both, the certificate of the clerk, stating that he has served the notices as required or as directed by the court and stating which of the letters mailed by him containing said notices have been returned to him undelivered, shall be filed in the case before any order or decree is taken or made and shall be proof of such service.
Ohio Rev. Code § 5311.22 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.22
§ 5311.22. Voting
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly (A) Unless otherwise provided in the declaration or bylaws, each unit owner may exercise that percentage of the total voting power of all unit owners on any question for which the vote of unit owners is permitted or required that is equivalent to the undivided interest in the common elements appurtenant to the owner's unit. (B) Fiduciaries who are owners of record of a unit or units may vote their respective interests as unit owners. Unless otherwise provided in the declaration or bylaws, if two or more persons, whether fiduciaries, tenants in common, or otherwise, own undivided interests in a unit, each person may exercise the proportion of the voting power of all of the owners of the unit that is equivalent to the person's proportionate undivided interest in the unit. (C) A fiduciary for a unit owner or of the estate of a unit owner may vote as though the fiduciary were the unit owner when the fiduciary has furnished to the unit owners association proof, satisfactory to it, of the fiduciary's appointment and qualification as an executor under the last will of a deceased unit owner, an administrator of the estate of a deceased unit owner, a guardian, committee, or conservator of the estate of a minor or incompetent who is a unit owner, a trustee in bankruptcy of a unit owner, a statutory or judicial receiver or liquidator of the estate or affairs of a unit owner, or an assignee for the benefit of creditors of a unit owner. (D) When any fiduciary or representative of a unit owner who is not described in division (C) of this section has furnished the unit owners association with satisfactory proof of authority, that person may vote as though a unit owner.
Ohio Rev. Code § 5303.14 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.14
§ 5303.14. Proceedings if verdict is for occupying claimant
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If, under section 5303.11 of the Revised Code, the jury reports a sum in favor of the occupying claimant, on the assessment and valuation of the valuable and lasting improvements, deducting therefrom the damages, sustained by waste, together with the net annual value of the rents and profits which the defendant received after commencement of the action, the successful claimant, or his heirs, or, if they are minors, their guardians, may demand of the occupying claimant the value of the land without the improvements so assessed and tender a deed of it to him, or pay him the sum so allowed by the jury in his favor, within such reasonable time as the court allows.
Ohio Rev. Code § 5303.09 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.09
§ 5303.09. Title under a sale for taxes
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 any other title or claim. The occupying claimant holding possession of land sold for taxes, having the deed of a county auditor therefor, or a certificate of such sale from a county treasurer, or claiming under the person who holds such deed or certificate, has sufficient title to the land to demand the value of improvements under such section.
Ohio Rev. Code § 5310.04 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.04
§ 5310.04. Powers of courts
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 punishment as for a contempt the production and delivery to said recorder or courts of any duplicate or owner's certificate of title, duplicate or original mortgage, lease, or other paper pertaining to such land, or any estate therein, or lien or charge thereon. Said recorder and courts may by like means compel the release and discharge by the proper party of any lien or charge upon such land, or any part thereof, and may compel the performance of any act or thing required by sections 5309.02 to 5310.21 , inclusive, of the Revised Code to be performed by any person.
Ohio Rev. Code § 5310.50 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.50
§ 5310.50. County recorder duties
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly 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: (1) Conveyances and encumbrances occurring prior to the date of implementation that, as of the date of implementation were not noted on the certificate, but the instruments for which had been filed for such notation; (2) Matters subject to determination as the result of proceedings contemplated by section 5310.44 of the Revised Code. (B) When the continuation of a certificate of title is complete, duplicate the certificate and record the duplicate as a muniment of title in the traditional recordation system. A duplicate certificate of title, filed in the traditional recordation system under this division, has the same effects under section 5310.42 of the Revised Code as the identical certificate bound or transcribed in the register of titles. (C) Archive, in a safe, secure, and readily accessible place, the register of titles and the several other files, books, indexes, and other records that pertain to registered land; (D) Record, as muniments of title in the traditional recordation system, instruments for the conveyance or encumbrance of registered land that, on and after the date of implementation, are filed for recordation in the traditional recordation system as provided in sections 5310.41 and 5310.45 of the Revised Code, rather than issuing a new certificate of title or entering a notation upon the certificate of title that pertains to the land.
Ohio Rev. Code § 5303.211 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.211
§ 5303.211. Estate held in trust sale or lease
Status: in_force

August 10, 1965 Senate Bill 25 - 106th General Assembly Where the estate sought to be sold or leased is held in trust under the jurisdiction of a probate court, an action may be brought by the trustee in the probate court of the county in which he was appointed or in which the estate subject to sale or lease or any part thereof is situated; and the sale or lease of such estate may be authorized by such court which shall have the same jurisdiction and power as is provided for courts of common pleas in sections 5303.21 to 5303.31 , inclusive, of the Revised Code. If the action is brought in a county other than that in which the estate or a part thereof is situated, a certified transcript of the record of all proceedings had therein shall be filed with and recorded by the probate court of each county in which such estate or any part thereof is situated.
Ohio Rev. Code § 5301.12 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.12
§ 5301.12. Purchaser at tax sale
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When real estate is sold at tax sale, and the purchaser has received a deed therefor, and it has been placed upon the tax duplicate in his name, or those claiming under him, who openly and notoriously claim the title and ownership to such property, and pay the taxes thereon, as against any title acquired by deed executed after such tax sale, such facts are prima-facie evidence of the possession of such real estate by such purchaser, or those holding under him, from the date of such sale until it is set aside or redeemed. The knowledge, by a person acquiring title by deed executed after such tax sale, of the payment of taxes, and the claim of title and ownership shall, as to him, be conclusive proof of possession.
Ohio Rev. Code § 5301.234 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.234
§ 5301.234. Mortgage subrogation
Status: in_force

October 24, 2024 Senate Bill 94 - 135th General Assembly (A) A mortgage encumbering real property granted to secure the repayment of funds used to satisfy a mortgage or lien on such real property shall be subrogated to the priority of the mortgage or lien that was satisfied to the extent of the amount satisfied if both of the following apply: (1) The intent of the parties to the new mortgage is that the new mortgage would have the priority of the mortgage or lien satisfied. (2) The expectation of the holder of a subordinate mortgage or lien at the time that it received its interest was that it would be junior to the mortgage or lien that was satisfied. (B) A mortgagee seeking to be subrogated pursuant to division (A) of this section to the priority of a lien that the mortgagee has satisfied shall not be denied subrogation for any of the following reasons: (1) The mortgagee meets any of the following criteria: (a) The mortgagee is engaged in the business of lending. (b) The mortgagee had actual knowledge or constructive notice of the mortgage or lien over which the mortgagee would gain priority through subrogation. (c) The mortgagee or a third party committed a mistake or was negligent. (2) The lien for which the mortgagee seeks to be subrogated was released. (3) The mortgagee obtained a title insurance policy. (C) Notwithstanding division (A) of this section, the holder of a subordinate mortgage or lien shall retain the same subordinate position that such person would have had if the prior mortgage or lien had not been satisfied. Last updated September 11, 2024 at 12:11 PM
Ohio Rev. Code § 5311.25 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.25
§ 5311.25. Required provisions for condominium instruments
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly (A)(1) Except as provided in division (A)(2) of this section, any deposit or down payment made in connection with the sale of a condominium ownership interest shall be held in trust or escrow until delivered at settlement, returned to or otherwise credited to the purchaser, or forfeited to the developer. If a deposit or down payment of more than two thousand dollars is held for more than ninety days and is not withdrawn pursuant to division (A)(2) of this section, interest at a rate equal to the prevailing rate payable by federally insured financial institutions in the county of the condominium property on daily interest accounts for any period exceeding ninety days shall be credited to the purchaser at settlement or upon return or other credit made to the purchaser or added to any forfeiture to the developer. Interest is payable only on the amount of the deposit or down payment that exceeds two thousand dollars. (2)(a) If a contract for the sale of a condominium ownership interest contains the legend described in division (A)(2)(b) of this section, a developer may, in accordance with the contractual provisions, withdraw a deposit or down payment from trust or escrow upon the commencement of construction of the structure of the condominium property in which the purchaser's unit will be located and use the moneys in the actual construction and development of the condominium property. The developer shall not use the moneys for advertising purposes or for the salaries, commissions, or expenses of agents. (b) A contract that permits withdrawals of a deposit or down payment for the purposes described in division (A)(2)(a) of this section shall include the following legend conspicuously printed or stamped in boldface type on the contract's first page and immediately above the signature of the purchaser: "Purchaser acknowledges that, pursuant to this contract, the developer may withdraw and then use for construction and development of the condominium property any deposit or down payment that the purchaser makes prior to closing." (3) Deposits and down payments held in trust or escrow in accordance with division (A)(1) of this section are not subject to attachment, garnishment, or other legal process by creditors of the developer, agents, or the purchaser of the condominium ownership interest. (B) Except in the capacity as a unit owner of unsold condominium ownership interests, the developer or agent shall not retain a property interest in any of the common elements after unit owners other than the developer assume control of the unit owners association except as follows: (1) In a leasehold condominium development, the developer or agent may retain the same interest in the common elements as the developer or agent retains in the entire condominium development. (2) In an expandable condominium property, the developer may retain an interest consistent with the declaration and necessary to ensure both of the following, whether or not the condominium property is expanded to include the additional property: (a) Ingress and egress over the common elements for the benefit of the additional property; (b) The availability of utilities from and to the common elements for the benefit of the additional property. (3) The developer may retain the right to enter upon the condominium property to fulfill any warranty obligations to the unit owners association or to unit owners. (C) The owners of condominium ownership interests that have been sold by the developer or an agent shall assume control of the common elements and of the unit owners association as prescribed in divisions (C) and (D) of section 5311.08 of the Revised Code. (D) Unless a contract or other agreement is renewed by a vote of the unit owners exercising a majority of the voting power of the unit owners association, neither the unit owners association nor the unit owners shall be subject to either of the following: (1) For more than ninety days subsequent to the date that the unit owners other than the developer assume control of the unit owners association, any management contract executed prior to that assumption of control; (2) For more than one year subsequent to an assumption of control, any other contract executed prior to that assumption of control, except for contracts for necessary utility services. (E)(1) Except as provided in division (E)(4) of this section, the developer shall furnish both of the following: (a) A minimum of a two-year warranty covering the full cost of labor and materials for any repair or replacement of roof and structural components, and mechanical, electrical, plumbing, and common service elements serving the condominium property or additional property as a whole, occasioned or necessitated by a defect in material or workmanship; (b) A one-year warranty covering the full cost of labor and materials for any repair or replacement of structural, mechanical, and other elements pertaining to each unit occasioned or necessitated by a defect in material or workmanship. (2) The two-year warranty shall commence as follows: (a) For a condominium development other than an expandable condominium development, on the date the deed or other evidence of ownership is filed for record following the sale of the first condominium ownership interest in the development to a purchaser in good faith for value; (b)(i) For an expandable condominium development, for property submitted by the original declaration, on the date the deed or other evidence of ownership is filed for record following the sale of the first condominium ownership interest in the property to a purchaser in good faith for value; (ii) For an expandable condominium development, for any additional property submitted by amendment to the declaration, on the date the deed or other evidence of ownership is filed for record following the sale of the first condominium ownership interest in the additional property to a purchaser in good faith for value. (3) The one-year warranty for each unit shall commence on the date the deed or other evidence of ownership is filed for record following the developer's sale and conveyance of the condominium ownership interest in the unit to a purchaser in good faith for value. (4) The valid assignment by the developer of the express and implied warranty of the manufacturer satisfies the developer's obligation under this section with respect to ranges, refrigerators, washing machines, clothes dryers, hot water heaters, and other similar appliances installed and furnished as part of the unit by the developer. The developer's warranty under division (E)(1) of this section is limited to the installation of the appliances. (5) All warranties made to the developer that exceed time periods specified in division (E)(1) of this section with respect to any part of a unit shall be assigned to the purchaser of that unit and warranties with respect to any part of the common elements shall be assigned to the unit owners association. (F) The developer shall assume the rights and obligations of a unit owner in the developer's capacity as owner of condominium ownership interests not yet sold, including the obligation to pay common expenses attaching to those interests, from the date the declaration is filed for record even if the construction of the units and the appurtenant common elements subject to the condominium ownership interests has not started or is not complete. (G) In a conversion condominium development, the developer shall offer each tenant an option, exercisable within not less than ninety days after notice, to purchase a condominium ownership interest in the development that the tenant occupies and at a price that is not greater than the price at which the unit will be offered to the general public for the subsequent one hundred eighty-day period. The developer shall give each tenant written notice of not less than one hundred twenty days prior to the conversion or intended conversion, during which time the tenant may not be evicted to accommodate or facilitate the sale of any unit if the tenant is not in default under the tenant's terms of tenancy. The ninety-day and one hundred twenty-day notice periods may run concurrently and may be waived in writing by a tenant. If two or more tenants occupy a unit in a conversion condominium development, the option to purchase shall be given jointly to those tenants. (H) Except as provided in section 5311.24 of the Revised Code, no developer or agent, directly or indirectly, shall sell or offer to sell a condominium ownership interest in a condominium development unless the condominium instruments include a statement that sets forth the requirements of this section and sections 5311.26 and 5311.27 of the Revised Code.
Ohio Rev. Code § 5311.14 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.14
§ 5311.14. Repair or restoration of damages - sale
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly (A) Unless provided otherwise in the declaration, damage to or destruction of all or any part of the common elements of a condominium property shall be promptly repaired and restored by the board of directors of the unit owners association. The cost of the repairs and restoration shall be paid from the proceeds of insurance, if any, payable because of the damage or destruction, and the balance of that cost is a common expense. (B)(1) Unless provided otherwise in the declaration, in the event of damage to or destruction of all or any part of the common elements of a condominium property, the unit owners, by the affirmative vote of those entitled to exercise not less than seventy-five per cent of the voting power or a greater per cent if provided in the declaration, may elect not to repair or restore the damaged or destroyed common elements. (2) Upon an election not to repair or restore, all of the condominium property is subject to an action for sale as upon partition at the suit of unit owners exercising a majority of the voting power of unit owners. If the condominium property is sold pursuant to division (B)(2) of this section, any net proceeds of the sale, the net proceeds of insurance, and any other indemnity arising because of the damage or destruction are considered as one fund for distribution to all unit owners in proportion to the undivided interests in the common elements appurtenant to their units. No unit owner is entitled to receive any portion of those proceeds until all liens and encumbrances on the unit, except taxes and assessments of political subdivisions not then due and payable, are paid, released, or discharged.
Ohio Rev. Code § 5301.13 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.13
§ 5301.13. Mode of conveyance by state
Status: in_force

September 30, 2021 House Bill 110 - 134th General Assembly All conveyances of real estate, or any interest therein, sold on behalf of the state shall be drafted by the director of administrative services, executed in the name of the state, signed by the governor, countersigned by the secretary of state, and sealed with the great seal of the state. The director of administrative services thereupon must record such conveyance in books to be kept by the director of administrative services for that purpose, deliver them to the persons entitled thereto, and keep a record of such delivery, showing to whom delivered and the date thereof. Last updated August 12, 2021 at 3:42 PM
Ohio Rev. Code § 5301.072 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.072
§ 5301.072. Deed restrictions prohibiting placement of flag unenforceable
Status: in_force

March 21, 2017 House Bill 18 - 131st General Assembly (A) No covenant, condition, or restriction set forth in a deed, and no rule, regulation, bylaw, or other governing document or agreement of a homeowners, neighborhood, civic, or other association, shall prohibit or be construed to prohibit any of the following: (1) The placement on any property of a flagpole that is to be used for the purpose of displaying the flag of the United States, the flag of the state as defined in section 5.01 of the Revised Code, or the national league of families POW/MIA flag provided the flag and flag pole shall be of an appropriate size, consistent with the size and character of the buildings that are subject to the requirements or agreements of a homeowner, neighborhood, civic, or other association; (2) The display on any property of the flag of the United States or the national league of families POW/MIA flag if the flag is displayed in accordance with any of the following: (a) The patriotic customs set forth in 4 U.S.C. 5-10, and 36 U.S.C. 902 governing the display and use of the flag; (b) The consent of the property's owner or of any person having lawful control of the property; (c) The recommended flagpole standards set forth in "Our Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st Session (1998); (d) Any federal law, proclamation of the president of the United States or the governor, section of the Revised Code, or local ordinance or resolution. (3) The display on any property of the state flag as defined in section 5.01 of the Revised Code if the flag is displayed in accordance with any of the following: (a) The consent of the property's owner or of any person having lawful control of the property; (b) Any state law, local ordinance or resolution, or proclamation by the governor of the state. (4) The display of a service flag approved by the United States secretary of defense for display in a window of the residence of a member of the immediate family of an individual serving in the armed forces of the United States. A service flag includes a blue star banner, a gold star banner, and any other flag the secretary of defense designates as a service flag. (B) A covenant, condition, restriction, rule, regulation, bylaw, governing document, or agreement or a construction of any of these items that violates division (A) of this section is against public policy and unenforceable in any court of this state to the extent it violates that division.
Ohio Rev. Code § 5312.02 — Ohio Revised Code / Title 53 / Chapter 5312 / § 5312.02
§ 5312.02. Applicability of chapter; establishment of planned community
Status: in_force

September 13, 2022 Senate Bill 61 - 134th General Assembly (A) Any planned community in this state is subject to this chapter. No person shall establish a planned community unless that person files and records a declaration and bylaws for that planned community in the office of the recorder of the county or counties in which the planned community is located. (B) Any declaration for a planned community shall be accompanied by bylaws that provide for the operation of the planned community. Except as provided in division (A)(1) of section 5312.03 of the Revised Code, the declaration and bylaws shall provide for all of the following: (1) The election of the board of directors of the owners association; (2) The number of persons constituting the board; (3) The terms of the directors, with not less than one-fifth to expire annually; (4) The powers and duties of the board; (5) The method of removal of directors from office; (6) Whether the services of a manager or managing agent may be engaged; (7) The method of amending the declaration and bylaws; (8) The time and place for holding meetings and the manner of and authority for calling meetings, conducting meetings, and giving notice of meetings, which notice may be sent by electronic mail, provided the association has received the prior, written authorization from the owner; (9) The common expenses for which assessments may be made and the manner of collecting from the owners their respective shares of the common expenses; (10) Any other matters the original declarant or the owners association deem necessary and appropriate. (C) Nothing in this chapter invalidates any provision of a document that governs a planned community if that provision was in the document at the time the document was recorded and the document was recorded prior to the original effective date of this chapter, September 10, 2010. (D)(1) The board of directors of the owners association of any planned community that is in existence on the original effective date of this chapter, September 10, 2010, shall file and record the bylaws of that planned community that are in effect on that effective date in the office of the recorder of the county or counties in which the planned community is located within one hundred eighty days after that effective date. (2) The board of directors of the owners association of any planned community that is in existence on the original effective date of this chapter, September 10, 2010, shall file and record the bylaws that are adopted by the owners association on or after that effective date in the office of the recorder of the county or counties in which the planned community is located within ninety days after the date of adoption of the bylaws. (3) The board of directors of the owners association of any planned community that adopts an amendment to the bylaws of that planned community shall file and record the amendment in the office of the recorder of the county or counties in which the planned community is located within sixty days after the date of adoption of the amendment. (4) Nothing in division (D)(1) or (2) of this section shall require the board of directors or owners association of any planned community that is in existence on the original effective date of this chapter, September 10, 2010, to adopt bylaws of that planned community. (5) No board of directors of the owners association of a planned community that is in existence on the original effective date of this chapter, September 10, 2010, shall pursue any civil action against any person based upon any provision of the bylaws of that planned community or upon any amendments to the bylaws until the bylaws or amendments are filed and recorded under division (D)(1), (2), or (3) of this section. Last updated June 29, 2022 at 2:31 PM
Ohio Rev. Code § 5309.37 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.37
§ 5309.37. Transfers of registered land - certificate as to taxes and special assessments
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly 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 Code, at the time of issuing any certificate of title to registered land, or of making any transfer of registered land, or of entry upon the register of titles of any memorial of a mortgage or other lien on registered land, the county recorder shall examine the county treasurer's tax duplicates and issue a certificate as to the taxes and special assessments shown thereon to be a lien upon the premises registered in said certificate of title. Such certificate as to taxes and special assessment shall show in whose name the premises are listed for taxation, the total sum due for taxes and special assessments, and what general taxes are a lien, as such items appear by the last treasurer's tax duplicate. Such certificate as to taxes and special assessments shall be issued subject to special assessments which are not yet entered upon the last treasurer's tax duplicate, and subject to any additional sum which the treasurer is authorized to collect.
Ohio Rev. Code § 5322.02 — Ohio Revised Code / Title 53 / Chapter 5322 / § 5322.02
§ 5322.02. Owner's lien against stored property upon default
Status: in_force

September 30, 2021 House Bill 110 - 134th General Assembly (A) The owner of a self-service storage facility has a lien against the occupant on the personal property stored pursuant to a rental agreement in any storage space at the self-service storage facility, or on the proceeds of the personal property subject to the defaulting occupant's rental agreement in the owner's possession, for rent, labor, late fees, or other charges in relation to the personal property that are specified in the rental agreement and that have become due and for expenses necessary for the preservation of the personal property or expenses reasonably incurred in the enforcement of the lien or in the sale or other disposition of the personal property pursuant to law. The owner's lien provided for in this section is also effective against the following persons: (1) A person who has an unfiled security interest in the personal property, except that the owner's lien is not effective against a person who has a valid security interest in a motor vehicle or a valid security interest in a watercraft, whether or not the security interest in the motor vehicle or watercraft is filed; (2) A person who meets both of the following requirements: (a) The person has a legal interest in the personal property, a filed security interest in the personal property, or a valid security interest in the personal property that is a motor vehicle. (b) The person consents in writing to the storage of the personal property. (B) The owner's lien created by division (A) of this section attaches as of the date the personal property is brought to the self-service storage facility. An owner loses the owner's lien on any personal property that the owner voluntarily permits to be removed from the self-service storage facility or unjustifiably refuses to permit to be removed from the self-service storage facility. Last updated August 11, 2021 at 1:33 PM