Ohio Rev. Code § 5311.081 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.081
§ 5311.081. Powers and duties of board of directors
Status: in_force

September 13, 2022 Senate Bill 61 - 134th General Assembly (A) The unit owners association, through the board of directors, shall do both of the following: (1) Annually, adopt and amend an estimated budget for revenues and expenditures. The budget shall include reserves in an amount adequate to repair and replace major capital items in the normal course of operations without the necessity of special assessments, unless either of the following applies: (a) The declaration or bylaws include language limiting the ability of the board of directors to increase assessments for common expenses without a vote of the unit owners; (b) The unit owners, exercising not less than a majority of the voting power of the unit owners association, waive the reserve requirement in writing annually. (2) Collect assessments for common expenses from unit owners. (B) Unless otherwise provided in the declaration, the unit owners association, through the board of directors, may exercise all powers of the association, including the power to do the following: (1) Hire and fire managing agents, attorneys, accountants, and other independent contractors and employees that the board determines are necessary or desirable in the management of the condominium property and the association; (2) Commence, defend, intervene in, settle, or compromise any civil, criminal, land use planning, or administrative action or proceeding that is in the name of, or threatened against, the unit owners association, the board of directors, or the condominium property, or that involves two or more unit owners , impacts zoning, or otherwise relates to matters affecting the condominium property; (3) Enter into contracts and incur liabilities relating to the operation of the condominium property; (4) Regulate the use, maintenance, repair, replacement, modification, and appearance of the condominium property; (5) Adopt rules that regulate the use or occupancy of units, the maintenance, repair, replacement, modification, and appearance of units, common elements, and limited common elements when the actions regulated by those rules affect common elements or other units; (6) Cause additional improvements to be made as part of the common elements; (7) Purchase, encumber, and convey units, and, subject to any restrictions in the declaration or bylaws and with the approvals required by division (H)(2) or (3) of section 5311.04 of the Revised Code, acquire an interest in other real property and encumber or convey that interest. All expenses incurred in connection with the acquisition, encumbrance, use, and operation of that interest are common expenses. (8) Acquire, encumber, and convey or otherwise transfer personal property; (9) Hold in the name of the unit owners association the real property and personal property acquired pursuant to divisions (B)(7) and (8) of this section; (10) Grant easements, leases, licenses, and concessions through or over the common elements; (11) Impose and collect fees or other charges for all of the following: (a) The use, rental, or operation of the common elements; (b) Services provided to unit owners; (c) To the extent provided in the declaration or bylaws, social activities or charitable contributions on behalf of the owners association; (12) Impose interest and late charges for the late payment of assessments; impose returned check charges; and, pursuant to division (C) of this section, impose reasonable enforcement assessments for violations of the declaration, the bylaws, and the rules of the unit owners association, and reasonable charges for damage to the common elements or other property; (13) Adopt and amend rules that regulate the collection of delinquent assessments and the application of payments of delinquent assessments; (14) Subject to applicable laws, adopt and amend rules that regulate the termination of utility or other service to a commercial unit if the unit owner is delinquent in the payment of an assessment that pays, in whole or in part, the cost of that service; (15) Impose reasonable charges for preparing, recording, or copying amendments to the declaration, resale certificates, or statements of unpaid assessments; (16) Enter a unit for bona fide purposes when conditions exist that involve an imminent risk of damage or harm to common elements, another unit, or to the health or safety of the occupants of that unit or another unit; (17) To the extent provided in the declaration or bylaws, assign the unit owners association's rights to common assessments, or other future income, to a lender as security for a loan to the unit owners association; (18) Suspend the voting privileges and use of recreational facilities of a unit owner who is delinquent in the payment of assessments for more than thirty days; (19) Purchase insurance and fidelity bonds the directors consider appropriate or necessary; (20) Invest excess funds in investments that meet standards for fiduciary investments under Ohio law; (21) Exercise powers that are: (a) Conferred by the declaration or the bylaws of the unit owners association or the board of directors; (b) Necessary to incorporate the unit owners association as a not-for-profit corporation; (c) Permitted to be exercised in this state by a not-for-profit corporation; (d) Necessary and proper for the government and operation of the unit owners association. (C)(1) Prior to imposing a charge for damages or an enforcement assessment pursuant to division (B)(12) of this section, the board of directors shall give the unit owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing, that includes all of the following: (a) A description of the property damage or violation; (b) The amount of the proposed charge or assessment; (c) A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment; (d) A statement setting forth the procedures to request a hearing pursuant to division (C)(2) of this section; (e) A reasonable date by which the unit owner must cure the violation to avoid the proposed charge or assessment. (2)(a) To request a hearing, the owner shall deliver a written notice to the board of directors not later than the tenth day after receiving the notice required by division (C)(1) of this section. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the board may immediately impose a charge for damages or an enforcement assessment pursuant to division (C) of this section. (b) If a unit owner requests a hearing, at least seven days prior to the hearing the board of directors shall provide the unit owner with a written notice that includes the date, time, and location of the hearing. (3) The board of directors shall not levy a charge or assessment before holding any hearing requested pursuant to division (C)(2) of this section. (4) The unit owners, through the board of directors, may allow a reasonable time to cure a violation described in division (B)(12) of this section before imposing a charge or assessment. (5) Within thirty days following a hearing at which the board of directors imposes a charge or assessment, the unit owners association shall deliver a written notice of the charge or assessment to the unit owner. (6) Any written notice that division (C) of this section requires shall be delivered to the unit owner or any occupant of the unit by personal delivery, by certified mail, return receipt requested, or by regular mail. Last updated June 29, 2022 at 2:27 PM
Ohio Rev. Code § 5301.49 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.49
§ 5301.49. Record marketable title
Status: in_force

January 23, 1963 House Bill 1 - 105th General Assembly Such record marketable title shall be subject to: (A) All interests and defects which are inherent in the muniments of which such chain of record title is formed; provided that a general reference in such muniments, or any of them, to easements, use restrictions, or other interests created prior to the root of title shall not be sufficient to preserve them, unless specific identification be made therein of a recorded title transaction which creates such easement, use restriction, or other interest; and provided that possibilities of reverter, and rights of entry or powers of termination for breach of condition subsequent, which interests are inherent in the muniments of which such chain of record title is formed and which have existed for forty years or more, shall be preserved and kept effective only in the manner provided in section 5301.51 of the Revised Code; (B) All interests preserved by the filing of proper notice or by possession by the same owner continuously for a period of forty years or more, in accordance with section 5301.51 of the Revised Code; (C) The rights of any person arising from a period of adverse possession or user, which was in whole or in part subsequent to the effective date of the root of title; (D) Any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title or record is started; provided that such recording shall not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of section 5301.50 of the Revised Code; (E) The exceptions stated in section 5301.53 of the Revised Code.
Ohio Rev. Code § 5312.10 — Ohio Revised Code / Title 53 / Chapter 5312 / § 5312.10
§ 5312.10. Common expense liability
Status: in_force

September 10, 2010 Senate Bill 187 - 128th General Assembly (A)(1) In accordance with its declaration, all costs the owners association incurs in the administration, governance, and maintenance of a planned community are common expenses. Unless otherwise provided in the declaration, all costs of the administration, operation, maintenance, repair, and replacement of the common elements are common expenses. (2) The common expense liability of each lot shall be allocated in accordance with the allocation set forth in the declaration. If the declaration does not establish any allocation, the common expense liability shall be allocated equally among all the lots. (3) The board of directors shall assess the common expense liability for each lot at least annually, based on a budget the board adopts at least annually. (B) The board shall charge interest on any past due assessment or installment at the rate the board establishes, not to exceed any maximum rate permitted by law. (C)(1) The board may not charge assessments for common expenses unless the declaration provides for or contemplates the charging of such assessments. (2) The board may not increase any assessment for common expenses when the declaration limits the amount of such assessments unless the owners amend the declaration as provided in division (A) of section 5312.05 of the Revised Code to allow the increased amount.
Ohio Rev. Code § 5302.10 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.10
§ 5302.10. Fiduciary covenants meaning and effect
Status: in_force

October 30, 1965 House Bill 163 - 106th General Assembly In a conveyance of real estate, or any interest therein, the words "fiduciary covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that he is duly appointed, qualified, and acting in the fiduciary capacity described in such deed, and is duly authorized to make the sale and conveyance of the granted premises, and that in all of his proceedings in the sale thereof he has complied with the requirements of the statutes in such case provided."
Ohio Rev. Code § 5315.04 — Ohio Revised Code / Title 53 / Chapter 5315 / § 5315.04
§ 5315.04. Execution of deed in lieu of foreclosure; documents
Status: in_force

September 28, 2016 House Bill 303 - 131st General Assembly (A) If a lender approves a borrower applicant to the D.O.L.L.A.R. deed program, the borrower and lender shall execute all of the following: (1) A deed in lieu of foreclosure that transfers to the lender all of the borrower's right, title, and interest in and to the real property that is the subject of the mortgage. The deed in lieu of foreclosure shall be an absolute conveyance and, upon delivery of the executed deed in lieu of foreclosure to the lender, the borrower conveys all of its right, title, and interest in the real property and rights associated therewith including, but not limited to, any equity and right of redemption. (2) A notarized estoppel affidavit, which shall be included in the deed, that shall affirm all of the following: (a) That the mortgage and title to the real property are not merged; (b) That the lender retains its lien position and its right to foreclose on any junior lienholders after the transfer; (c) That the transfer by deed in lieu of foreclosure is an absolute conveyance of title to the real property, free and clear of any rights or claim of redemption; (d) That the transfer is the free act and will of the borrower; (e) That the transfer is not made under duress or coercion; (f) That the transfer is made for valuable consideration in the form of the lease with option to purchase contract granted by the lender to purchase the real property as further defined in this section. (3) A lease with option to purchase agreement, which shall be the consideration for the borrower applicant's deed in lieu of foreclosure, whereby the former lender leases to the former borrower the real property that is the subject of the mortgage in default; (a) The lease with option to purchase agreement term shall be for the shorter of the period of time necessary for the former borrower to be approved for financing or other mortgage assistance by the federal housing administration or two years from the date of the lease with option to purchase agreement. (b) The rent shall be on a monthly basis and shall be one-twelfth of an amount that shall be not less than the sum of all of the following annualized items with respect to the real property: (i) Real property taxes; (ii) Homeowner's insurance premiums for homeowner's insurance, which shall reflect the market rate for homeowner's insurance based on the market value of the real property; (iii) Any homeowner's association or condominium dues. (c) The option to purchase contained within the lease shall allow the former borrower the opportunity to purchase the real property that is the subject of the mortgage and the lease with option to purchase agreement at a specified price until the termination of the lease described in this section. (B) The documents required under division (A) of this section shall be provided to the borrower at least ten business days before the documents are signed by both parties. (C) If the former borrower does not exercise the option to purchase the real property within the time permitted under the lease with option to purchase agreement, the right to purchase terminates. The lease with option to purchase may be renewed by mutual written agreement between the former borrower and former lender, but such renewal is not effective until it is recorded. (D) If a borrower conveys to a lender a deed of the type described in division (A)(1) of this section, and the former borrower and former lender enter into a lease with option to purchase agreement of the type described in divisions (A)(2) and (3) of this section, the lender's mortgage is not extinguished and does not merge with the former borrower's interest conveyed. (E) All of the following documents relating to the D.O.L.L.A.R. deed program entered into under sections 5315.01 to 5315.05 of the Revised Code shall be recorded in the real property records of the office of the county recorder of the county in which the subject real property is located: (1) A deed in lieu of foreclosure; (2) A lease with option to purchase agreement; (3) The renewal of a lease with option to purchase aggreement; (4) The termination of a lease with option to purchase agreement.
Ohio Rev. Code § 5307.16 — Ohio Revised Code / Title 53 / Chapter 5307 / § 5307.16
§ 5307.16. Execution and delivery by sheriff or officer performing duties of sheriff where property not conveyed
Status: in_force

September 13, 2010 House Bill 292 - 128th General Assembly If an officer or auctioneer has not conveyed land sold or elected to be taken in a proceeding for partition, the court of common pleas on being first satisfied that such sale or election was regularly made, and that the purchase money has been fully paid or secured, on motion, may order the sheriff of the county, or officer performing the duties of sheriff, to execute and deliver to the purchaser, or person electing to take the property, a deed for the property.
Ohio Rev. Code § 5311.091 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.091
§ 5311.091. Examination of books, records, minutes
Status: in_force

September 13, 2022 Senate Bill 61 - 134th General Assembly (A) Except as otherwise prohibited by this section, any member of a unit owners association may examine and copy the books, records, and minutes described in division (A) of section 5311.09 of the Revised Code pursuant to reasonable standards set forth in the declaration, bylaws, or rules the board promulgates, which 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, a unit 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 condominium property-related personnel matters; (b) Communications with legal counsel or attorney work product pertaining to pending litigation or other condominium 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 unit owners association against unit owners; (e) Information the disclosure of which is prohibited by state or federal law. Last updated June 29, 2022 at 2:28 PM
Ohio Rev. Code § 5301.28 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.28
§ 5301.28. Release of mortgage - assignment
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly When the mortgagee of property within this state, or the party to whom the mortgage has been assigned, either by a separate instrument, or in writing on that mortgage, or on the margin of the record of the mortgage, which assignment, if in writing on the mortgage or on the margin of the record of the mortgage, need not be acknowledged, receives payment of any part of the money due the holder of the mortgage, and secured by the mortgage, and enters satisfaction or a receipt for the payment, either on the mortgage or its record, that satisfaction or receipt, when entered on the record, or copied on the record from the original mortgage by the county recorder, will release the mortgage to the extent of the receipt. In all cases when a mortgage has been assigned in writing on that mortgage, the recorder shall copy the assignment from the original mortgage upon the margin of the record of the mortgage before the satisfaction or receipt is entered upon the record of the mortgage. 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 satisfactions of mortgages be made by separate instrument. The original instrument bearing the proper endorsement may be used as such a separate instrument. That separate instrument shall be recorded in the county recorder's official records. The county recorder shall charge the fee for the recording as provided by section 317.32 of the Revised Code for recording mortgages.
Ohio Rev. Code § 5301.10 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.10
§ 5301.10. Parties defendant in suits to cancel leases
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly The plaintiff in an action to cancel a lease or license mentioned in section 5301.09 of the Revised Code, or in any way involving it, in order to finally adjudicate and determine all questions involving such lease or license in such action, need only make those persons defendants, so far as such lease or license is involved, who claim thereunder and are in actual and open possession, and those who then appear of record, or by the files in such office, to own or have an interest in such lease or license. If there is no claimant in actual and open possession, and no persons whose interest appears of record or file, then so far as such lease or license is involved, it will only be necessary to make the original lessee or licensee defendant in order to finally adjudicate and determine all questions concerning such lease or license.
Ohio Rev. Code § 5301.43 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.43
§ 5301.43. Certified copy of record of instrument as evidence
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly A copy of the record of a deed or other instrument of writing, certified by the county recorder with his official seal affixed thereto, shall be received in all courts and places within this state, as prima-facie evidence of the existence of such instrument, and as conclusive evidence of the existence of such record.
Ohio Rev. Code § 5301.42 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.42
§ 5301.42. Effect of entry by clerk
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Sections 5301.39 to 5301.41 , inclusive, of the Revised Code do not give to any judgment, order, or decree an effect, by reason of the entry thereof in the county recorder's office, other than that which it would have had without such entry.
Ohio Rev. Code § 5312.01 — Ohio Revised Code / Title 53 / Chapter 5312 / § 5312.01
§ 5312.01. Definitions
Status: in_force

September 10, 2010 Senate Bill 187 - 128th General Assembly As used in this chapter: (A) "Assessment" means the liability for an expense that is allocated to a lot in a planned community. (B) "Bylaws" means an instrument filed with the declaration that provides for the operation of the owners association. "Bylaws" also is referred to as "regulations" pursuant to Chapter 1702. of the Revised Code. (C) "Common element" means any property in a planned community that the owners association holds in fee or has use of pursuant to a lease or easement. (D) "Common expense" means any expense or financial liability of the owners association, including allocations the association designates for reserves. (E) "Declarant" means the owner of property who executes and records a declaration that the property is a planned community. (F) "Declarant control" means the period of time in which the declarant controls the owners association by appointing or electing the members of the association's board of directors. (G) "Declaration" means an instrument a property owner executes and records to declare that the property is a planned community subject to the provisions of this chapter. (H) "Dwelling unit" means a detached building or the portion of a building that is designed and intended for use and occupancy for residential purposes by a single household or family. (I) "Limited common element" means a common element that a declaration designates as reserved for use by a certain lot or lots, to the exclusion of other lots. (J) "Lot" means a parcel or tract of land that is formed when a larger parcel of land is subdivided pursuant to Chapter 711. of the Revised Code, has a separate parcel number assigned by the county auditor, and is occupied or intended to be occupied by a dwelling unit. (K) "Owner" means a person who owns a lot in a planned community. "Owner" does not include any person that has an interest in a lot solely as security for an obligation. (L) "Owners association" means an organization that is comprised of owners of lots in a planned community and that is responsible for the administrative governance, maintenance, and upkeep of the planned community. (M) "Planned community" means a community comprised of individual lots for which a deed, common plan, or declaration requires any of the following: (1) That owners become members of an owners association that governs the community; (2) That owners or the owners association holds or leases property or facilities for the benefit of the owners; (3) That owners support by membership or fees, property or facilities for all owners to use. A condominium property as defined in section 5311.01 of the Revised Code is not a "planned community."
Ohio Rev. Code § 5303.08 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.08
§ 5303.08. Cases in which occupying claimant is paid for improvements
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly A person who, without fraud or collusion on his part, obtained title to and is in the quiet possession of lands or tenements, claiming to own them, shall not be evicted or turned out of possession by any person who sets up and proves an adverse and better title, until the occupying claimant, or his heirs, is paid the value of lasting improvements made by the occupying claimant on the land, or by the person under whom he holds, before the commencement of suit on the adverse claim by which such eviction may be effected, unless the occupying claimant refuses to pay to the party establishing a better title the value of the lands without such improvements, on demand by him or his heirs, when such occupying claimant holds: (A) Under a plain and connected title, in law or equity, derived from the records of a public office; (B) By deed, devise, descent, contract, bond, or agreement, from and under a person claiming a plain and connected title, in law or equity, derived from the records of a public office, or by deed authenticated and recorded; (C) Under sale on execution against a person claiming a plain and connected title, in law or equity, derived from the records of a public office, or by deed authenticated and recorded; (D) Under a sale for taxes authorized by the laws of this state; (E) Under a sale and conveyance made by executors, administrators, or guardians, or by any other person, in pursuance of an order or decree of court, where lands are directed to be sold.
Ohio Rev. Code § 5310.16 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.16
§ 5310.16. Conviction no bar to civil action
Status: in_force

May 25, 1976 House Bill 837 - 111th General Assembly No proceedings or conviction for any crime relating to the administration of Chapters 5309. and 5310. of the Revised Code, shall affect any remedy which any person aggrieved or injured by such act has at law or in equity against the person who has committed such act, or against his estate , or against the county recorder, or examiner of titles, or the sureties on their official bonds.
Ohio Rev. Code § 5303.30 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.30
§ 5303.30. Income - payment of taxes and expenses
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly The net income accruing from a sale of an estate described in section 5303.21 of the Revised Code shall be paid to the person who would be entitled to the use or income of the estate were it unsold. Taxes and the expenses of the investment and management of the fund shall be paid by the person entitled to the income thereof.
Ohio Rev. Code § 5305.17 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.17
§ 5305.17. Guardian may elect for surviving spouse
Status: in_force

October 12, 2016 House Bill 158 - 131st General Assembly As used in this section and sections 5305.18 to 5305.22 of the Revised Code, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide. The guardian of a surviving spouse who has been adjudged to be an incompetent person may appear and answer for such incompetent person in an action under section 5305.15 of the Revised Code, subject to the approval of the court in which it is pending. Such answer has the same effect as if such spouse answered personally. The guardian shall be liable to such spouse, or the heirs, for all damage or loss sustained by the guardian's fraud or collusion, notwithstanding the approval of the court.
Ohio Rev. Code § 5311.01 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.01
§ 5311.01. Condominium property definitions
Status: in_force

September 14, 2016 Senate Bill 293 - 131st General Assembly As used in this chapter, except as otherwise provided: (A) "Agent" means any person who represents a developer or who acts for or on behalf of a developer in selling or offering to sell any ownership interest in a condominium development. "Agent" does not include an attorney whose representation of a developer consists solely of rendering legal services. (B) "Additional property" means land, including surface and air rights, or improvements to land that are described in an original declaration and that may be added in the future to an expandable condominium property. (C) "Affiliate of a developer" means any person who controls a developer or is controlled by a developer. For the purposes of this division: (1) A person "controls" a developer if any of the following applies: (a) The person is a general partner, officer, member, manager, director, or employer of the developer. (b) The person owns, controls, holds with power to vote, or holds proxies representing more than twenty per cent of the voting interest in the developer, doing so either directly or indirectly, acting in concert with one or more other persons, or through one or more subsidiaries. (c) The person controls, in any manner, the election of a majority of the developer's directors. (d) The person has contributed more than twenty per cent of the developer's capital. (2) A person "is controlled by" a developer if any of the following applies: (a) The developer is a general partner, member, manager, officer, director, or employer of the person. (b) The developer owns, controls, holds with power to vote, or holds proxies representing more than twenty per cent of the voting interest in the person, doing so either directly or indirectly, acting in concert with one or more other persons, or through one or more subsidiaries. (c) The developer controls, in any manner, the election of a majority of the person's directors. (d) The developer has contributed more than twenty per cent of the person's capital. (3) "Control" does not exist for purposes of division (C)(1) or (2) of this section if a person or developer holds any power described in either of those divisions solely as security for an obligation and that power is not exercised. (D) "Body of water" means a stream, lake, pond, marsh, river, or other body of natural or artificial surface water. (E) "Common assessments" means assessments that are charged proportionately against all units for common purposes. (F) "Common elements" means, unless otherwise provided in the declaration, the following parts of the condominium property: (1) The land described in the declaration; (2) All other areas, facilities, places, and structures that are not part of a unit, including, but not limited to, the following: (a) Foundations, columns, girders, beams, supports, supporting walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of buildings; (b) Basements, yards, gardens, parking areas, garages, and storage spaces; (c) Premises for the lodging of janitors or persons in charge of the property; (d) Installations of central services, including, but not limited to, power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerating; (e) Elevators, tanks, pumps, motors, fans, compressors, ducts, and, in general, all apparatus and installations existing for common use; (f) Community and commercial facilities that are not listed in division (F)(2)(a), (b), (c), (d), or (e) of this section but provided for in the declaration; (g) All parts of the condominium property that are not listed in division (F)(2)(a), (b), (c), (d), (e), or (f) of this section that are necessary or convenient to its existence, maintenance, and safety, that are normally in common use, or that have been designated as common elements in the declaration or drawings. (G) "Common expenses" means expenses designated as common expenses in this chapter or in the declaration. (H) "Common losses" means the amount by which the common expenses during any period of time exceeds the common assessments and common profits during that period. (I) "Common profits" means the amount by which the total income received from any of the following exceeds expenses allocable to the particular income, rental, fee, or charge: (1) Assessments charged for special benefits to specific units; (2) Rents received from the rental of equipment or space in common elements; (3) Any other fee, charge, or income other than common assessments. (J) "Common surplus" means the amount by which common assessments collected during any period exceed common expenses. (K) "Condominium" means a form of real property ownership in which a declaration has been filed submitting the property to the condominium form of ownership pursuant to this chapter and under which each owner has an individual ownership interest in a unit with the right to exclusive possession of that unit and an undivided ownership interest with the other unit owners in the common elements of the condominium property. (L) "Condominium development" means a condominium property in which two or more individual residential or water slip units, together with their undivided interests in the common elements of the property, are offered for sale pursuant to a common promotional plan. (M) "Condominium instruments" means the declaration and accompanying drawings and plans, the bylaws of the unit owners association, the condominium development disclosure statement described in section 5311.26 of the Revised Code, any contracts pertaining to the management of the condominium property, and any other documents, contracts, or instruments establishing ownership of or exerting control over a condominium property or unit. (N) "Condominium ownership interest" means a fee simple estate or a ninety-nine-year leasehold estate, renewable forever, in a unit, together with an appurtenant undivided interest in the common elements. (O) "Condominium property" means all real and personal property submitted to the provisions of this chapter, including land, the buildings, improvements, and structures on that land, the land under a water slip, the buildings, improvements, and structures that form or that are utilized in connection with that water slip, and all easements, rights, and appurtenances belonging to the land or to the land under a water slip. (P) "Conversion condominium development" means a condominium development that was operated as a rental property and occupied by tenants immediately prior to the submission of the property to the provisions of this chapter. (Q) "Convertible unit" means a unit that may be converted into one or more units and common elements, including limited common elements. (R) "Declaration" means the instrument by which property is submitted to the provisions of this chapter. "Declaration" includes all amendments to that declaration. (S) "Developer" means any person who directly or indirectly sells or offers for sale condominium ownership interests in a condominium development. "Developer" includes the declarant of a condominium development and any successor to that declarant who stands in the same relation to the condominium development as the declarant. (T) "Exclusive use area" means common elements that the declaration reserves for delegation by the board of directors to the use of a certain unit or units, to the exclusion of other units. (U) "Expandable condominium property" means a condominium property in which the original declaration reserves the right to add additional property. (V) "Leasehold condominium development" means a condominium development in which each unit owner owns a ninety-nine-year leasehold estate, renewable forever, in the owner's unit, in the land upon which that unit is situated, or in both, together with an undivided leasehold interest in the common elements, with all leasehold interests due to expire at the same time. (W) "Limited common elements" means the common elements that the declaration designates as being reserved for use by a certain unit or units, to the exclusion of the other units. (X) "Offer" includes any inducement or solicitation to encourage a person to acquire a condominium ownership interest in a condominium development. (Y) "Par value" means a number, expressed in dollars, points, or as a percentage or fraction, attached to a unit by the declaration. (Z) "Purchaser" means a person who purchases a condominium ownership interest for consideration pursuant to an agreement for the conveyance or transfer of that interest for consideration. (AA) "Sale of a condominium ownership interest" means the execution by both parties of an agreement for the conveyance or transfer for consideration of a condominium ownership interest. "Sale of a condominium ownership interest" does not include a transfer of one or more units from the developer to another developer, a subsidiary of the developer, or a financial institution for the purpose of facilitating the sale or development of the remaining or unsold portion of the condominium property or additional property. (BB) "Unit" means the part of the condominium property that is designated as a unit in the declaration, is delineated as a unit on the drawings prepared pursuant to section 5311.07 of the Revised Code, and is one of the following: (1) A residential unit, in which the designated part of the condominium property is devoted in whole or in part to use as a residential dwelling consisting of one or more rooms on one or more floors of a building. A "residential unit" may include exterior portions of the building, spaces in a carport, and parking spaces as described and designated in the declaration and drawings. (2) A water slip unit, which consists of the land that is under the water in a water slip and the land that is under the piers or wharves that form the water slip, and that is used for the mooring of watercraft. (3) A commercial unit in which the property is designated for separate ownership or occupancy solely for commercial purposes, industrial purposes, or other nonresidential or nonwater slip use. (CC) "Unit owner" means a person who owns a condominium ownership interest in a unit. (DD) "Unit owners association" means the organization that administers the condominium property and that consists of all the owners of units in a condominium property. (EE) "Watercraft" has the same meaning as in section 1546.01 of the Revised Code. (FF) "Water slip" means a channel of water between piers or wharves.
Ohio Rev. Code § 5310.54 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.54
§ 5310.54. Nonabolishing county's land registration system
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly A nonabolishing county's land registration system, except insofar as required to carry out sections 5310.52 and 5310.53 of the Revised Code, shall remain intact and fully operational. Disclaimer Contact About
Ohio Rev. Code § 5310.44 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.44
§ 5310.44. Pending proceeding relating to registered land effect after abolition
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly No proceeding relating to registered land that is pending before any court, the county recorder, or an examiner of titles on the date of implementation, including, but not limited to, proceedings arising under section 5309.27 , 5309.43 , 5309.44 , 5309.52 , 5309.61 , 5309.69 , 5309.71 , 5309.76 , 5309.81 , 5309.83 , or 5309.84 of the Revised Code, is affected by the abolition of land registration in the county. The proceeding shall be carried through to completion in the same manner, with the same effects, and with the same rights of appeal, as if land registration had not been abolished in the county.
Ohio Rev. Code § 5309.19 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.19
§ 5309.19. Order of default and decree of title and registration - final order
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If no person appears and answers or files other plea to an application in a land registration case within the time allowed, after the appointment of a guardian ad litem and the filing of an answer by him as required in section 5309.17 of the Revised Code, the probate court or the court of common pleas may upon motion of the applicant, no reason to the contrary appearing, order a general default to be recorded and the application to be taken for confessed and a decree to be entered confirming the title of the applicant and ordering registration of such title. The court shall in no case, either upon default or after a hearing, make a final order directing the registration of title to land until there is filed in the case the certificate of an examiner of titles to whom the matter shall be referred for that purpose, stating that all necessary and proper persons to a complete determination of the case have been made parties and properly brought before the court, and that the entry of such order would be correct. The court shall not be bound by the report of such examiner but may require further proof. By the description in the application and published notice, "all persons having any interest in or lien upon the land or any part thereof," all the world, except defendants personally served, shall be regarded as having been made parties defendant and properly served.
Ohio Rev. Code § 5301.50 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.50
§ 5301.50. Interests prior to effective date of root of title
Status: in_force

September 29, 1961 House Bill 81 - 104th General Assembly Subject to the matters stated in section 5301.49 of the Revised Code, such record marketable title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims, or charges whatsoever, the existence of which depends upon any act, transaction, event, or omission that occurred prior to the effective date of the root of title. All such interests, claims, or charges, however denominated, whether legal or equitable, present or future, whether such interests, claims, or charges are asserted by a person sui juris or under a disability, whether such person is within or without the state, whether such person is natural or corporate, or is private or governmental, are hereby declared to be null and void.
Ohio Rev. Code § 5301.41 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.41
§ 5301.41. Effect of reversal of judgment
Status: in_force

January 9, 1961 House Bill 1 - 104th General Assembly If the final judgment, order, or decree referred to in section 5301.39 of the Revised Code, upon which the entry of release, satisfaction, change of title, or partition is based, or in which the order for release, satisfaction, or record is included, is reversed, vacated, or modified, such reversal, vacation, or modification, so far as it applies to such memorandum, release, or satisfaction of such mortgage or other lien, record of change of title, or partition, will vacate or modify the entry and record.
Ohio Rev. Code § 5309.05 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.05
§ 5309.05. Persons permitted to have title to land registered
Status: in_force

February 1, 2002 House Bill 279 - 124th General Assembly The persons who, singly or collectively, claim to own and to be seized of, or to have the power of appointing or disposing of, the legal or equitable estate in fee in and to the whole of any parcel of land, may personally or through an attorney in fact, authorized by an instrument signed, acknowledged, and recorded as a deed, have their title to that estate in that land, or the whole title to that land, registered in the county where the land is situated. A corporation may apply by its agent or attorney, authorized by vote of its board of directors, and any person under disability may apply by the person's legal guardian or trustee. All persons in whose behalf the application is made shall be named as the applicants or plaintiffs, except in cases mentioned in section 5309.66 of the Revised Code.
Ohio Rev. Code § 5309.03 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.03
§ 5309.03. Powers of the county recorder
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly To carry out sections 5309.02 to 5310.21 , inclusive, of the Revised Code, the county recorder may administer oaths, issue subpoenas, summons, and other process, serve and cause notices to be served, enforce the attendance of and examine witnesses, compel the production of papers and evidence, order surveys and appoint competent surveyors to make them, and conduct hearings and make such orders as are appropriate and in accordance with such sections.
Ohio Rev. Code § 5309.80 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.80
§ 5309.80. Statements or indorsements contained in instruments presented for registration
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Every deed or other voluntary instrument which is presented for registration, and every instrument or paper filed with the county recorder by any person or officer under sections 5309.02 to 5310.21 , inclusive, of the Revised Code, or any amendment thereof, for the purpose of acquiring or affecting in any way an involuntary interest in, or lien or charge upon registered land, shall contain or have indorsed upon it the full name, county of residence, and post-office address of the grantee or other person who acquires, or claims, or is seeking to acquire or claim, an interest under such instrument, or to affect thereby some estate or interest in, or lien or charge upon said registered land. Every deed shall state whether the grantor and also the grantee are married or unmarried, and if married, the name in full of the husband or wife. Any change in the residence or post-office address of any such person shall, by sworn statement of the party or his authorized agent or attorney, immediately be filed with the recorder, who shall indorse such sworn change on the original instrument and on the record thereof if recorded. The names, residences, and addresses of all such persons, and all sworn changes thereof, shall also be entered on all certificates of title in the register.
Ohio Rev. Code § 5309.50 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.50
§ 5309.50. Records in addition to registration
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly The county recorder, upon the written request of a lessee, mortgagee, or encumbrancer, and payment of the proper fees, shall record the instrument filed in his office in volumes to be known respectively as "records of liens on registered land" and "record of leases on registered land," and shall note on such instrument and on the volume and folium of the register containing the certificate of title the fact of such record and the volume and page where recorded, with the exact time of such recording. The recorder shall deliver such instrument after such record and notation to the party named as mortgagee, lessee, or encumbrancer, and take his receipt therefor, with his residence and post-office address, which receipt shall either be written in or pasted or bound in a book kept for that purpose and properly indexed.
Ohio Rev. Code § 5315.02 — Ohio Revised Code / Title 53 / Chapter 5315 / § 5315.02
§ 5315.02. Rules
Status: in_force

September 28, 2016 House Bill 303 - 131st General Assembly To assist in the establishment of the D.O.L.L.A.R. deed program, the Ohio housing finance agency shall adopt in rule all of the following: (A) A model form by which a person may apply to participate in the program; (B) A model for the deed, which act shall as the deed in lieu of foreclosure described in division (A)(1) of section 5315.04 of the Revised Code; (C) A model for the lease with option to purchase agreement described in divisions (A)(2) and (3) of section 5315.04 of the Revised Code; (D) Any other rules necessary to implement this chapter.
Ohio Rev. Code § 5322.01 — Ohio Revised Code / Title 53 / Chapter 5322 / § 5322.01
§ 5322.01. Storage facility definitions
Status: in_force

October 3, 2023 House Bill 33 - 135th General Assembly As used in this chapter: (A) "Self-service storage facility" means any real property that is designed and used only for the purpose of renting or leasing individual storage space in the facility under the following conditions: (1) The occupants have access to the storage space only for the purpose of storing and removing personal property. (2) The owner does not issue a warehouse receipt, bill of lading, or other document of title, as defined in section 1301.201 of the Revised Code, for the personal property stored in the storage space. "Self-service storage facility" does not include any garage used principally for parking motor vehicles, any garage or storage area in a private residence, an establishment licensed pursuant to sections 915.14 to 915.24 of the Revised Code, or any property of a bank or savings and loan association that contains vaults, safe deposit boxes, or other receptacles for the uses, purposes, and benefits of the bank's or savings and loan association's customers. (B) "Owner" means a person that is the owner or operator of a self-service storage facility, the lessor or sublessor of an entire self-service storage facility, the agent of any of the foregoing, or any other person authorized by any of the foregoing to manage the facility or to receive rent from an occupant pursuant to a rental agreement. (C) "Occupant" means a person that rents storage space at a self-service storage facility pursuant to a rental agreement that the person enters into with the owner. (D) "Rental agreement" means any written agreement that is entered into by the owner and the occupant and that establishes the terms and conditions of the occupant's use of storage space at a self-service storage facility. (E) "Personal property" means money and every animate or inanimate tangible thing that is the subject of ownership, except anything forming part of a parcel of real estate, as defined in section 5701.02 of the Revised Code, and except anything that is an agricultural commodity, as defined in division (A) of section 926.01 of the Revised Code. (F) "Late fee" means any fee or charge assessed for an occupant's failure to pay rent when due. "Late fee" does not include interest on a debt, reasonable expenses incurred in the collection of unpaid rent, or costs associated with the enforcement of any other remedy provided by statute or contract. (G) "Last known address" means either of the following: (1) The mailing address provided by the occupant in the most recent rental agreement or the mailing address provided by the occupant in a subsequent written notice of a change of address; (2) The mailing address of any of the persons described in division (A) of section 5322.03 of the Revised Code that is provided by any of those persons to the owner of a self-service storage facility or that is discovered by the owner of a self-service storage facility. Last updated September 5, 2023 at 3:58 PM
Ohio Rev. Code § 5312.05 — Ohio Revised Code / Title 53 / Chapter 5312 / § 5312.05
§ 5312.05. Amendments to declaration or bylaws
Status: in_force

September 13, 2022 Senate Bill 61 - 134th General Assembly (A) Unless otherwise specified in division (C) of this section or the declaration or bylaws, the owners may amend the declaration and bylaws by the consent of seventy-five per cent of the owners, either in writing or in a meeting called for that purpose. No amendment to the declaration or bylaws is effective until filed in the office of the county recorder. (B) A vote to terminate the applicability of the declaration and to dissolve the planned community requires the unanimous consent of owners. (C) A vote to delete as void, any provision within the declaration or bylaws, or any applicable restriction or covenant, that limits the occupancy or use of property subject to this chapter on the basis of race, color, national origin, religion, sex, or familial status, requires only a majority vote of the board of directors of the owners association. Last updated June 29, 2022 at 2:32 PM
Ohio Rev. Code § 5305.08 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.08
§ 5305.08. Assignment of dower when estate indivisible
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When an estate of which a surviving spouse is dowable is entire, and no division of it can be made by metes and bounds, dower shall be assigned as of a third part of the rents, issues, and profits thereof, to be computed and ascertained by the commissioners provided for in section 5305.06 of the Revised Code.
Ohio Rev. Code § 5309.98 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.98
§ 5309.98. Rules of practice and procedure
Status: in_force

October 29, 2003 House Bill NO53 - 125th General Assembly Except for registered land records maintained by nonpaper means under division (A) of section 5309.031 of the Revised Code, which shall be governed by the rules adopted under division (C) of that section, the court of appeals in any appellate district may prescribe rules of practice and procedure for the guidance of each county recorder, and the conduct of proceedings in the probate courts or courts of common pleas, within the district, in any matter arising under this chapter or Chapter 5310. of the Revised Code. Disclaimer Contact About
Ohio Rev. Code § 5301.36 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.36
§ 5301.36. Entry of satisfaction
Status: in_force

April 7, 2023 House Bill 45 - 134th General Assembly (A) Except in a county in which the county recorder has elected to require that all satisfactions of mortgages be recorded by separate instrument as allowed under section 5301.28 of the Revised Code, when recording a mortgage, county recorders shall leave space on the margin of the record for the entry of satisfaction, and record therein the satisfaction made on the mortgage, or permit the owner of the claim secured by the mortgage to enter such satisfaction. Such record shall have the same effect as the record of a release of the mortgage. (B) Within ninety days from the date of the satisfaction of a mortgage, the mortgagee shall record a release of the mortgage evidencing the fact of its satisfaction in the appropriate county recorder's office and pay any fees required for the recording. The mortgagee may, by contract with the mortgagor, recover the cost of the fees required for the recording of the satisfaction by the county recorder. (C)(1) Except as provided in division (C)(2) of this section, if the mortgagee fails to comply with division (B) of this section, the mortgagor of the unrecorded satisfaction and the current owner of the real property to which the mortgage pertains may recover, in a civil action, damages of two hundred fifty dollars. This division does not preclude or affect any other legal remedies or damages that may be available to the mortgagor. (2) A mortgagor or current owner of the real property shall not be eligible to collect the damages described in division (C)(1) of this section via a class action for violations of division (B) of this section that occurred in calendar year 2020. This division does not preclude or affect any other legal remedies or damages that may be available to the mortgagor or current owner. (D)(1) If upon the expiration of the ninety-day period described in division (B) of this section, the satisfaction of mortgage remains unrecorded, the current owner of the real property shall provide the mortgagee written notice, in accordance with the Rules of Civil Procedure, of the failure to enter the release of the mortgage of record. The notice shall be in substantially the following form: "OHIO LAW REQUIRES A MORTGAGEE, WHETHER THE ORIGINAL MORTGAGEE OR ANY SUCCESSOR TO THE INTEREST OF THE ORIGINAL MORTGAGEE, TO RECORD A RELEASE OF A MORTGAGE EVIDENCING ITS SATISFACTION IN THE APPROPRIATE COUNTY RECORDER'S OFFICE AND TO PAY ANY FEES REQUIRED FOR THE RECORDING WITHIN A CERTAIN TIME PERIOD. (Name of mortgagor)'S MORTGAGE LOAN, (loan number or other loan identification), FOR PROPERTY LOCATED AT (property address), WAS SATISFIED ON (date of satisfaction). IT APPEARS YOU HAVE YET TO RECORD A RELEASE OF THIS MORTGAGE. FAILURE TO RECORD THE RELEASE WITHIN 15 DAYS OF RECEIVING THIS NOTICE MAY RESULT IN A CIVIL ACTION FILED AGAINST YOU TO RECOVER REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN SUCH AN ACTION OR OTHERWISE TO OBTAIN THE RECORDING, PLUS DAMAGES OF $100 FOR EACH DAY OF NONCOMPLIANCE NOT TO EXCEED $5,000 IN TOTAL DAMAGES." (2) Within fifteen days after delivery of the notice described in division (D)(1) of this section, the mortgagee shall record a release of the mortgage evidencing the fact of its satisfaction in the appropriate county recorder's office and pay any fees required for the recording. The mortgagee may, by contract with the mortgagor or current owner of the real property, recover the cost of the fees required for the recording of the satisfaction by the county recorder. (E) If the mortgagee fails to comply with division (D)(2) of this section after receiving the notice in accordance with division (D)(1) of this section, the current owner of the real property may recover, in a civil action, reasonable attorneys' fees and costs incurred in such an action or otherwise to obtain the recording of a satisfaction of mortgage plus damages of one hundred dollars for each day of noncompliance, not to exceed five thousand dollars in total damages. This division does not preclude or affect any other legal remedies or damages that may be available to the current owner. (F) A mortgagee that records a release of a mortgage evidencing the fact of its satisfaction within the time periods required by this section shall not be in violation of this section, or subject to damages or fees, due to the failure of a county recorder to timely process that release of mortgage. (G) A current owner may combine the civil actions described in divisions (C) and (E) of this section by bringing one action to collect for both damages, or may bring separate actions. (H) As used in this section: (1) "Mortgagee" includes the original mortgagee or any successor to or assignee of the original mortgagee. (2) "Satisfaction" means that the obligation secured by a mortgage has been paid in full and the underlying obligation terminated, with no opportunities for future advancements. Last updated February 28, 2023 at 10:54 AM
Ohio Rev. Code § 5309.70 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.70
§ 5309.70. Attachment of rights of dower and homestead
Status: in_force

September 28, 1979 House Bill 674 - 113th General Assembly Rights of dower and to an exemption under division (A)(1) of section 2329.66 of the Revised Code shall attach to registered land, subject to the limitations contained in sections 5309.02 to 5310.21 of the Revised Code, but unless it appears on the last registered certificate of title that such rights are so attached before any person has acquired an interest in the land in good faith and for a valuable consideration, the person shall not be prejudiced.
Ohio Rev. Code § 5301.08 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.08
§ 5301.08. Certain leases unaffected
Status: in_force

February 1, 2002 House Bill 279 - 124th General Assembly Sections 5301.01 to 5301.45 of the Revised Code do not affect the validity of any lease of lands appropriated by congress for the support of schools or for ministerial purposes for any term not exceeding ten years or of any other lands for any term not exceeding three years or require that lease to be acknowledged or recorded.
Ohio Rev. Code § 5301.83 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.83
§ 5301.83. Copies of environmental covenant to be provided
Status: in_force

December 30, 2004 House Bill 516 - 125th General Assembly (A) A copy of an environmental covenant shall be provided to all of the following in a manner required by the applicable agency: (1) Each person that signed the environmental covenant; (2) Each person holding a recorded interest in the real property that is subject to the environmental covenant; (3) Each person in possession of the real property that is subject to the environmental covenant; (4) Each unit of local government in which the real property that is subject to the environmental covenant is located; (5) Any other person that the agency requires. (B) The validity of an environmental covenant is not affected by failure to provide a copy of the environmental covenant as required under this section.
Ohio Rev. Code § 5309.22 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.22
§ 5309.22. Death of applicant
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If the applicant in a land registration case dies between the filing of the application and the final decree thereon, the proceedings shall not abate, but shall be completed in the name of the widow or widower and heirs and devisees of the applicant. If the probate court or the court of common pleas orders the land registered, such court shall order that the certificate issue to such widow or widower and heirs and devisees of the applicant, according to their respective rights and interests, but subject to the right of the creditors of the deceased to have said land sold to pay his debts and subject to the right to contest any will of such deceased applicant. The personal representative of the deceased, the relict, or any of said heirs or devisees may by supplemental petition set up the facts relating to the transmission of the title to said land by reason of the death of the original applicant and cause all necessary new persons to be made parties and properly brought before the court as upon the filing of an application, or by summons or other process as provided by law in civil actions as the court directs.
Ohio Rev. Code § 5312.14 — Ohio Revised Code / Title 53 / Chapter 5312 / § 5312.14
§ 5312.14. Service of process
Status: in_force

September 10, 2010 Senate Bill 187 - 128th General Assembly In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the owners association by statute or otherwise, the owners association may sue or be sued as a separate legal entity. Service of summons or other process may be made upon the owners association by serving the process personally upon the president of the board of directors or the person named as statutory agent of the association if it is an incorporated entity. Any action brought by or on behalf of the owners association shall be pursuant to authority granted by the board of directors.
Ohio Rev. Code § 5301.03 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.03
§ 5301.03. Grantee as trustee or agent
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly "Trustees," "as trustee," or "agent," or words of similar import, following the name grantee in any deed of conveyance or mortgage of land executed and recorded, without other language showing a trust or expressly limiting the grantee's or mortgagee's powers, or for whose benefit the same is made, or other recorded instrument showing such trust and its terms, do not give notice to or put upon inquiry any person dealing with said land that a trust or agency exists, or that there are beneficiaries of said conveyance or mortgage other than the grantee and those persons disclosed by the record, or that there are any limitations on the power of the grantee to convey or mortgage said land, or to assign or release any mortgage held by such grantee. As to all subsequent bona fide purchasers, mortgagees, lessees, and assignees for value, a conveyance, mortgage, assignment, or release of mortgage by such grantee, whether or not his name is followed by "trustee," "as trustee," "agent," or words of similar import, conveys a title or lien free from the claims of any undisclosed beneficiaries, and free from any obligation on the part of any purchaser, mortgagee, lessee, or assignee to see to the application of any purchase money. This section does not apply to suits brought prior to July 16, 1927, in which any such deeds of conveyance, leases, or mortgages are called in question, or in which the rights of any beneficiaries in the lands described therein are involved. This section does not prevent the original grantor, trustor, undisclosed beneficiary, or anyone claiming under them, from bringing suits other than suits affecting land which is the subject of such conveyance or mortgage.
Ohio Rev. Code § 5309.82 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.82
§ 5309.82. Notice to registered owner upon the filing of instruments
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When any voluntary instrument of transfer, encumbrance, assignment, release, or satisfaction is filed, the county recorder shall at once give notice of such filing to the registered owner or holder by letter mailed to his registered address, unless such registered owner or holder is personally present at the time of such filing. When any paper for the purpose of acquiring an involuntary lien, charge, or interest on, or in registered land is filed, the recorder shall at once give like notice to the registered owner.
Ohio Rev. Code § 5302.02 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.02
§ 5302.02. Rules and definitions applicable to all instruments relating to real estate
Status: in_force

December 28, 2009 Senate Bill 124 - 128th General Assembly The rules and definitions contained in sections 5302.03 , 5302.04 , 5302.06 , 5302.08 , 5302.10 , 5302.13 , 5302.17 , 5302.18 , 5302.19 , 5302.20 , and 5302.21 of the Revised Code apply to all deeds or other instruments relating to real estate, whether the statutory forms or other forms are used, where the instruments are executed on or after October 1, 1965. The rules and definitions contained in section 5302.22 of the Revised Code, as it existed prior to the effective date of this amendment, apply to instruments executed on or after August 29, 2000, and prior to the effective date of this amendment. The rules and definitions contained in section 5302.22 of the Revised Code apply to instruments executed on or after the effective date of this amendment.
Ohio Rev. Code § 5309.61 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.61
§ 5309.61. Partition and sale confirmed only on report of examiner of titles
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly In any suit or proceeding in any of the courts of record in this state in which registered land may be partitioned or sold, or the title to any part thereof, or to any interest in, or lien or charge upon such land may be transferred or affected by the orders or judgment of the court, no confirmation of such partition, sale, or transfer shall be made by the court, or decree settling or affecting title entered, until there is first filed in the case the report of an examiner of titles to whom the matter shall be referred by the court for that purpose, showing that all persons necessary to such suit or proceeding have been made parties and properly brought before the court and that the proceedings and sale have in all respects been regular and pursuant to law and the orders of the court. The court shall not be bound by the report of such examiner but may inquire into its correctness.
Ohio Rev. Code § 5309.14 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.14
§ 5309.14. Application referred to examiner of titles for investigation - report
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Immediately after the filing of the application to register the title to land or to any interest therein, the probate court or the court of common pleas shall enter an order referring it to one of the examiners of titles, who shall search the records and investigate all facts stated and all allegations made in the petition, or otherwise brought to his notice. Such examiner shall investigate particularly whether the land or any part thereof is occupied by, or is in the possession, actual or constructive, of any person other than the applicant and if so, by whom, the nature of the occupation or possession, and by what right; and whether the boundaries and monuments or objects called for marking such land, as shown by the record title, appear to be reasonably certain and definite. Such examiner shall file in the case a report on his investigation, concluding with a certificate of his opinion upon the title and the necessity for a resurvey of the land and giving the names, residences, and post-office addresses, if known or ascertainable by reasonable diligence, of any persons in addition to those named in the petition which in the opinion of the examiner are necessary or proper parties to a complete determination of the case and to the settling and determination by the court of all apparent or real interests in or liens or charges upon the lands described in the application or any part thereof. Such persons shall be made additional parties defendant to the application by amendment or by order of the court before the publication of the notice provided for in section 5309.15 of the Revised Code. The examiner may require the applicant to file with him affidavits or other evidence relating to the title. Every report of an examiner shall be based upon a personal inspection and examination of the record or of a certified copy of the record of every instrument or proceeding affecting the title to said land for a period of at least seventy-five years prior to the filing of the application if the record title extends back that far. The clerk of the probate court or the clerk of the court of common pleas shall give notice to the applicant or his attorney of the filing of such report. If the opinion of the examiner is adverse to the applicant, such applicant shall, except in cases provided for in section 5309.66 of the Revised Code, be allowed a reasonable time by the court in which to elect to proceed further or to withdraw his application. The election shall be made in writing and filed with the clerk.
Ohio Rev. Code § 5311.052 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.052
§ 5311.052. Action to contest change in percentage interests in common areas and facilities of unit owners
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly If a condominium property for which the declaration was filed with a county recorder prior to October 1, 1978, has been expanded by the addition of units in accordance with the declaration, and if the unit owners do not commence an action to contest the change in the undivided interests in the common elements in a court of competent jurisdiction within two years after the date that the amendment was filed with the county recorder, each of the unit owners of the condominium property as expanded is deemed to have assented to and ratified the amendment, and the undivided interests in the common elements of the unit owners is no longer contestable.
Ohio Rev. Code § 5310.45 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.45
§ 5310.45. Certificates of title resulting from pending proceedings
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly On and after the effective date of a certificate of title issued as the result of any proceeding contemplated by section 5310.43 or 5310.44 of the Revised Code, land registered under the certificate shall be dealt with the same as if it were not registered land, and instruments 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 § 5301.07 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.07
§ 5301.07. Delivery and acceptance of real property instrument; presumptions
Status: in_force

April 6, 2017 Senate Bill 257 - 131st General Assembly (A) As used in this section, "real property instrument" means a deed, mortgage, and installment contract, lease, memorandum of trust, power of attorney, or any instrument accepted by the county recorder under section 317.08 of the Revised Code. (B)(1) When a real property instrument is delivered to and accepted by the county recorder of the county in which the real property is situated, and is signed and acknowledged by a person with an interest in the real property that is described in the instrument, the instrument raises both of the following: (a) A rebuttable presumption that the instrument conveys, encumbers, or is enforceable against the interest of the person who signed the instrument; (b) A rebuttable presumption that the instrument is valid, enforceable, and effective as if in all respects the instrument was legally made, executed, acknowledged, and recorded. (2) The presumptions described in division (B)(1) of this section may be rebutted by clear and convincing evidence of fraud, undue influence, duress, forgery, incompetency, or incapacity. (C) When a real property instrument is of record for more than four years from the date of recording of the instrument, and the record shows that there is a defect in the making, execution, or acknowledgment of the instrument, the instrument and the record thereof shall be cured of the defect and be effective in all respects as if the instrument had been legally made, executed, acknowledged, and recorded. The defects may include but are not limited to the following: (1) The instrument was not properly witnessed. (2) The instrument contained no certificate of acknowledgment. (3) The certificate of acknowledgment is defective in any respect. (4) The name of the person with an interest in the real property does not appear in the granting clause of the instrument, but the person signed the instrument without limitation. (D) A real property instrument when delivered to the county recorder of the county in which the real property is situated and filed in the chain of title to the real property provides constructive notice to all third parties of the instrument notwithstanding any defect in the making, execution, or acknowledgment of the real property instrument. (E) Nothing contained in this section operates to discharge the obligation to comply with all provisions of sections 5301.47 to 5301.56 and section 5301.332 of the Revised Code before the extinguishment, abandonment, or forfeiture of an interest in real estate as may be authorized by those sections. (F) Except as otherwise provided in division (E) of this section, this section applies to all real property instruments notwithstanding any other provision of the Revised Code. To the extent that a conflict exists between this section and any other section of the Revised Code, including but not limited to section 1301.401 of the Revised Code, this section controls with respect to any matters addressed in this section. (G) This section shall be given retroactive effect to the fullest extent permitted under Section 28 of Article II, Ohio Constitution. This section shall not be given retroactive effect if to do so would affect any accrued substantive right or vested rights in any person or in any real property instrument.
Ohio Rev. Code § 5307.13 — Ohio Revised Code / Title 53 / Chapter 5307 / § 5307.13
§ 5307.13. Confirmation of sale and execution of conveyance
Status: in_force

September 13, 2010 House Bill 292 - 128th General Assembly On the return of the proceedings to sell the estate, the court of common pleas shall examine them. If a sale has been made, and the court approves it, the sheriff shall execute and deliver a deed to the purchaser on receiving payment of the consideration money, or taking sufficient security for that payment, to the satisfaction of the court.
Ohio Rev. Code § 5323.99 — Ohio Revised Code / Title 53 / Chapter 5323 / § 5323.99
§ 5323.99. Failure to comply with chapter - penalty
Status: in_force

September 29, 2007 House Bill 119 - 127th General Assembly No owner of residential rental property shall fail to comply with the filing or updating of information requirements of section 5323.02 of the Revised Code or shall fail to satisfy the designation of agent requirement or the filing of the appropriate designation of agent document requirement of section 5323.03 of the Revised Code. The county auditor may impose upon any person who violates this section a special assessment on the residential rental property that is the subject of the violation that is not less than fifty dollars or more than one hundred fifty dollars. Such special assessment may be appealed to the county board of revision. Disclaimer Contact About
Ohio Rev. Code § 5307.18 — Ohio Revised Code / Title 53 / Chapter 5307 / § 5307.18
§ 5307.18. Commissioners to set off dower
Status: in_force

October 14, 1997 Senate Bill 88 - 122nd General Assembly The commissioner or commissioners shall set off to a widow her dower in the estate under section 5307.17 of the Revised Code. In the performance of that duty, the commissioner or commissioners shall be governed by, and the proceedings shall conform to, sections 5305.01 to 5305.22 of the Revised Code.
Ohio Rev. Code § 5301.67 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.67
§ 5301.67. Conservation, agricultural easement definitions
Status: in_force

July 26, 2001 House Bill 3 - 124th General Assembly As used in sections 5301.67 to 5301.70 of the Revised Code: (A) "Conservation easement" means an incorporeal right or interest in land that is held for the public purpose of retaining land, water, or wetland areas predominantly in their natural, scenic, open, or wooded condition, including, without limitation, the use of land in agriculture when consistent with and in furtherance of the purpose of retaining those areas in such a condition, or retaining their use predominantly as suitable habitat for fish, plants, or wildlife; that imposes any limitations on the use or development of the areas that are appropriate at the time of creation of the conservation easement to achieve one or more of those purposes; and that includes appropriate provisions for the holder to enter the property subject to the easement at reasonable times to ensure compliance with its provisions. (B) "Agriculture" means those activities occurring on land devoted exclusively to agricultural use, as defined in section 5713.30 of the Revised Code, or on land that constitutes a homestead. (C) "Agricultural easement" means an incorporeal right or interest in land that is held for the public purpose of retaining the use of land predominantly in agriculture; that imposes any limitations on the use or development of the land that are appropriate at the time of creation of the easement to achieve that purpose; that is in the form of articles of dedication, easement, covenant, restriction, or condition; and that includes appropriate provisions for the holder to enter the property subject to the easement at reasonable times to ensure compliance with its provisions. (D) "Homestead" means the portion of a farm on which is located a dwelling house, yard, or outbuildings such as a barn or garage.
Ohio Rev. Code § 5321.07 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.07
§ 5321.07. Failure of landlord to fulfill obligations - remedies of tenant
Status: in_force

October 12, 1994 House Bill 438 - 120th General Assembly (A) If a landlord fails to fulfill any obligation imposed upon him by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section, or any obligation imposed upon him by the rental agreement, if the conditions of the residential premises are such that the tenant reasonably believes that a landlord has failed to fulfill any such obligations, or if a governmental agency has found that the premises are not in compliance with building, housing, health, or safety codes that apply to any condition of the premises that could materially affect the health and safety of an occupant, the tenant may give notice in writing to the landlord, specifying the acts, omissions, or code violations that constitute noncompliance. The notice shall be sent to the person or place where rent is normally paid. (B) If a landlord receives the notice described in division (A) of this section and after receipt of the notice fails to remedy the condition within a reasonable time considering the severity of the condition and the time necessary to remedy it, or within thirty days, whichever is sooner, and if the tenant is current in rent payments due under the rental agreement, the tenant may do one of the following: (1) Deposit all rent that is due and thereafter becomes due the landlord with the clerk of the municipal or county court having jurisdiction in the territory in which the residential premises are located; (2) Apply to the court for an order directing the landlord to remedy the condition. As part of the application, the tenant may deposit rent pursuant to division (B)(1) of this section, may apply for an order reducing the periodic rent due the landlord until the landlord remedies the condition, and may apply for an order to use the rent deposited to remedy the condition. In any order issued pursuant to this division, the court may require the tenant to deposit rent with the clerk of court as provided in division (B)(1) of this section. (3) Terminate the rental agreement. (C) This section does not apply to any landlord who is a party to rental agreements that cover three or fewer dwelling units and who provides notice of that fact in a written rental agreement or, in the case of an oral tenancy, delivers written notice of that fact to the tenant at the time of initial occupancy by the tenant. (D) This section does not apply to a dwelling unit occupied by a student tenant.
Ohio Rev. Code § 5301.54 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.54
§ 5301.54. Effect of changes
Status: in_force

September 29, 1961 House Bill 81 - 104th General Assembly Nothing contained in sections 5301.47 to 5301.56 , inclusive, of the Revised Code, shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as provided in sections 5301.47 to 5301.56 , inclusive, of the Revised Code, to affect the operation of any statutes governing the effect of the recording or the failure to record any instrument affecting land.
Ohio Rev. Code § 5307.01 — Ohio Revised Code / Title 53 / Chapter 5307 / § 5307.01
§ 5307.01. Persons compelled to partition
Status: in_force

April 4, 1985 Senate Bill 201 - 115th General Assembly Tenants in common, survivorship tenants, and coparceners, of any estate in lands, tenements, or hereditaments within the state, may be compelled to make or suffer partition thereof as provided in sections 5307.01 to 5307.25 of the Revised Code.
Ohio Rev. Code § 5313.03 — Ohio Revised Code / Title 53 / Chapter 5313 / § 5313.03
§ 5313.03. Biannual statements furnished to vendee
Status: in_force

November 25, 1969 Senate Bill 156 - 108th General Assembly Every vendor under a land installment contract shall, at least once a year or on demand of the vendee, but no more than twice a year, furnish a statement to the vendee showing the following: (A) The amount credited to principal and interest; (B) The balance due. A land contract passbook issued by the vendor or a financial institution shall be sufficient compliance with this section.
Ohio Rev. Code § 5301.01 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.01
§ 5301.01. Acknowledgment of deed, mortgage, land contract, lease or memorandum of trust
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly (A) A deed, mortgage, land contract as referred to in division (A) (21) of section 317.08 of the Revised Code, or lease of any interest in real property and a memorandum of trust as described in division (A) of section 5301.255 of the Revised Code shall be signed by the grantor, mortgagor, vendor, or lessor in the case of a deed, mortgage, land contract, or lease or shall be signed by the trustee in the case of a memorandum of trust. The signing shall be acknowledged by the grantor, mortgagor, vendor, or lessor, or by the trustee, before a judge or clerk of a court of record in this state, or a county auditor, county engineer, notary public, or mayor, who shall certify the acknowledgement and subscribe the official's name to the certificate of the acknowledgement. (B)(1) If a deed, mortgage, land contract as referred to in division (A) (21) of section 317.08 of the Revised Code, lease of any interest in real property, or a memorandum of trust as described in division (A) of section 5301.255 of the Revised Code was executed prior to February 1, 2002, and was not acknowledged in the presence of, or was not attested by, two witnesses as required by this section prior to that date, both of the following apply: (a) The instrument is deemed properly executed and is presumed to be valid unless the signature of the grantor, mortgagor, vendor, or lessor in the case of a deed, mortgage, land contract, or lease or of the settlor and trustee in the case of a memorandum of trust was obtained by fraud. (b) The recording of the instrument in the office of the county recorder of the county in which the subject property is situated is constructive notice of the instrument to all persons, including without limitation, a subsequent purchaser in good faith or any other subsequent holder of an interest in the property, regardless of whether the instrument was recorded prior to, on, or after February 1, 2002. (2) Division (B)(1) of this section does not affect any accrued substantive rights or vested rights that came into existence prior to February 1, 2002.
Ohio Rev. Code § 5305.02 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.02
§ 5305.02. Petition for dower
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly A surviving spouse may file a petition for dower in the court of common pleas, against the heir, or other person having the next immediate estate of inheritance or other estate or interest therein, setting forth the right thereto, and describing the tracts of land in which dower is claimed. On the hearing the court shall render such judgment as appears just and consistent with the rights of the parties interested.
Ohio Rev. Code § 5305.18 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.18
§ 5305.18. Petition to discharge land of dower of incompetent person
Status: in_force

August 7, 2007 House Bill 53 - 127th General Assembly A person owning real property in this state, encumbered by the contingent or vested right of dower of an incompetent person, may apply, by petition to the court of common pleas of the county in which the real estate, or any part thereof, is situated, making defendants thereto such incompetent person, and the spouse and guardian, if such incompetent person has either or both, for leave to sell any part of such real property, discharged and unencumbered of such contingent or vested right of dower. The petition must set forth the grounds for the incompetency of the person, together with a description of the land proposed to be sold. Thereupon the court shall appoint a committee of six competent individuals, of whom at least three are physicians, who, under oath, shall inquire into the competence of such person, and hear testimony to be produced by the spouse or guardian, or, if there is no such guardian, by a guardian ad litem to be appointed in the action. The committee shall make a report, in writing, of the result of its investigation, signed by its members.
Ohio Rev. Code § 5301.14 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.14
§ 5301.14. Copy of record of lost deed to be evidence
Status: in_force

September 30, 2021 House Bill 110 - 134th General Assembly When a title deed, recorded by the director of administrative services as required by section 5301.13 of the Revised Code, or recorded in the office of the secretary of state, the record of which is required to be kept in the office of the director of administrative services, has been lost or destroyed by accident, without having been recorded in the county recorder's office, on demand and tender of the fees therefor, the director of administrative services shall furnish to any person a copy of such deed certified under the director of administrative services' official seal, which copy shall be received everywhere in this state as prima-facie evidence of the existence of the deed, and in all respects shall have the effect of certified copies from the official records of the county where such lands are situated. Last updated August 12, 2021 at 3:43 PM
Ohio Rev. Code § 5307.15 — Ohio Revised Code / Title 53 / Chapter 5307 / § 5307.15
§ 5307.15. Proceedings when estate has been once offered and not sold
Status: in_force

October 14, 1997 Senate Bill 88 - 122nd General Assembly When the estate has been offered once and not sold, alias writs for its sale may issue as often as need be. The court of common pleas may order a revaluation by up to three suitable disinterested persons and direct a sale of the estate at not less than two thirds of the revaluation, or, if deemed for the interest of the parties, the court may order a sale without a revaluation, at not less than a sum it fixes.
Ohio Rev. Code § 5307.19 — Ohio Revised Code / Title 53 / Chapter 5307 / § 5307.19
§ 5307.19. Power of guardian to act for ward in partition
Status: in_force

October 12, 2016 House Bill 158 - 131st General Assembly As used in this section and section 5307.20 of the Revised Code, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide. The guardian of a minor or incompetent person, on behalf of the guardian's ward, may perform any act, matter, or thing respecting the partition of an estate which such ward could do under sections 5307.01 to 5307.25 of the Revised Code, if the ward were of age and of sound mind. On behalf of such ward, the guardian may elect to take the estate, when it cannot be divided without injury, and make payments therefor on the ward's behalf.
Ohio Rev. Code § 5305.16 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.16
§ 5305.16. Election by answer is a release of dower
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly The answer of a surviving spouse under section 5305.15 of the Revised Code has the same effect, in all respects, as a deed of release to the purchaser of such estate of the dower interest therein of such spouse.
Ohio Rev. Code § 5305.01 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.01
§ 5305.01. Assignment of dower
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When the lands of a deceased person are not encumbered by mortgage, or by judgment obtained against such decedent during life, the heir, guardian of an heir, or other person having the next immediate estate of inheritance, may assign in writing to the surviving spouse, dower therein, particularly describing such estate, which, if approved in writing on the deed of assignment by the probate judge of the county, and also by the probate judge of the county appointing such guardian, and accepted by such spouse, in writing thereon, shall be a valid assignment.
Ohio Rev. Code § 5309.11 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.11
§ 5309.11. Application by nonresident
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If the application to register the title to land or to any interest therein is made by a nonresident of the state, he shall, in his petition, or in a separate paper to be filed in the case, give the name, residence, and post-office address of someone residing in the state, upon whom, as his agent, service of notice can be made in relation to any matter arising under or in connection with said application, and agree that such service on such agent shall have the same effect as if made on the applicant or owner personally within the state. Upon the death, removal, or incapacity of such agent for service, such nonresident shall appoint another in his stead and in default thereof the application may be dismissed.
Ohio Rev. Code § 5311.11 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.11
§ 5311.11. Each unit is separate parcel for taxation and assessment purposes
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly Each unit of a condominium property and the undivided interest in the common elements appurtenant to it is deemed a separate parcel for all purposes of taxation and assessment of real property, and no other unit or other part of the condominium property shall be charged with the payment of those taxes and assessments.
Ohio Rev. Code § 5311.051 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.051
§ 5311.051. Expandable condominium property
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly Land and improvements on the property of an expandable condominium property are considered added to the condominium property and submitted to the provisions of this chapter upon the declarant and all owners and lessees of the added land executing and filing for record pursuant to sections 5311.06 and 5311.07 of the Revised Code, an amendment to the declaration that contains the information, drawings, and plans with respect to the additional property and improvements required by those sections and by divisions (A) and (B) of section 5311.05 of the Revised Code. The amendment, pursuant to the declaration and section 5311.04 of the Revised Code, shall allocate and reallocate undivided interests in the common elements of the condominium property appertaining to each unit of the condominium property. The execution and filing for record of an amendment submitting additional property to an expandable condominium property is an effective amendment of the declaration without a vote of the unit owners.
Ohio Rev. Code § 5302.09 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.09
§ 5302.09. Deed of executor, administrator, trustee, guardian, receiver, or commissioner form
Status: in_force

February 1, 2002 House Bill 470 - 124th General Assembly A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee's heirs, assigns, and successors, to the grantee's and the grantee's heirs', assigns', and successors' own use, with covenants on the part of the grantor with the grantee, the grantee's heirs, assigns, and successors, that, at the time of the delivery of that deed, the grantor was duly appointed, qualified, and acting in the fiduciary capacity described in that deed, and was duly authorized to make the sale and conveyance of the premises; that in all of the grantor's proceedings in the sale of the premises the grantor has complied with the requirements of the statutes in such case provided. "DEED OF EXECUTOR, ADMINISTRATOR, TRUSTEE, GUARDIAN, RECEIVER, OR COMMISSIONER __________, executor of the will of ________________, (administrator of the estate of ________) (trustee under _______) (guardian of ________) (receiver of ________) (commissioner), by the power conferred by __________, and every other power, for ________ dollars paid, grants, with fiduciary covenants, to __________, whose tax-mailing address is _________, the following real property: (description of land or interest therein and encumbrances, reservations, and exceptions, if any) Prior Instrument Reference: Volume _____, Page _____ Executed this _______________ day of ________________ _______________________________ (Signature of Grantor) (Execution in accordance with Chapter 5301. of the Revised Code)"
Ohio Rev. Code § 5309.43 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.43
§ 5309.43. Questions as to instruments presented for registration referred to court of common pleas or to examiner of titles
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If the county recorder is in doubt upon any question, or if any person in interest does not agree as to the proper memorandum to be made in pursuance of any deed, mortgage, or other voluntary instrument presented for registration, the question may, on the certificate of the recorder stating the question upon which the recorder is in doubt or upon which the person in interest does not agree, be referred to the court of common pleas for decision. The court, after notice to all parties and a hearing, shall enter an order directing the action of and prescribing the form of memorandum to be made by the recorder, who shall make registration or otherwise act in accordance therewith, and such order shall be final. The recorder may refer such question to an examiner of titles, and upon receipt of his report thereon the recorder shall notify the parties interested and fix a time for hearing. The recorder shall on such hearing make such disposition of said question as to him seems just and proper and in accordance with law.
Ohio Rev. Code § 5310.49 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.49
§ 5310.49. Jurisdiction after abolition of land registration system
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly Except to the extent necessary to carry out the purposes of sections 5310.43 , 5310.44 , and 5310.47 of the Revised Code, on and after the date of implementation in a county that has abolished land registration: (A) The court of common pleas and probate court of the county have no jurisdiction under Chapter 5309. or sections 5310.01 to 5310.21 of the Revised Code; (B) No person shall file, and the clerk of the court of common pleas or clerk of the probate court of the county shall not accept, any application, pleading, or other paper commencing any action or proceeding arising under Chapter 5309. or sections 5310.01 to 5310.21 of the Revised Code except as contemplated by section 5310.44 or 5310.47 of the Revised Code. On and after the date of implementation, the court of common pleas of the county shall phase out the office of examiner of titles. The court shall continue examiners in their positions only insofar as their services are required in matters contemplated by sections 5310.43 , 5310.46 , and 5310.47 of the Revised Code.
Ohio Rev. Code § 5301.26 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.26
§ 5301.26. Vendor's lien
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly As between the vendor and vendee of land the vendor shall have a lien for so much of the purchase money as remains unpaid. Such lien shall not be effective as against a purchaser, mortgagee, judgment creditor, or other encumbrancer, unless there is a recital or a reservation of the lien in the deed, or in some instrument of record executed with the same formalities as are required for the execution of deeds and mortgages of land. The vendor waives his lien by taking a mortgage for any unpaid purchase money on the land conveyed or any part thereof, and the filing for record of such a mortgage with the county recorder of the county in which said land is located shall be constructive notice of the waiver of the vendor's lien.
Ohio Rev. Code § 5301.21 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.21
§ 5301.21. Adjoining owners may fix corner or line
Status: in_force

September 30, 2021 House Bill 110 - 134th General Assembly When the owners of adjoining tracts of land, or of lots in a municipal corporation, agree upon the site of a corner or line common to such tracts or lots, in a written instrument containing a pertinent description thereof, either with or without a plat, executed, acknowledged, and recorded as are deeds, such corner or line thenceforth shall be established as between the parties to such agreement, and all persons subsequently deriving title from them. Such agreement shall be recorded by the county recorder in the official records. The original agreement, after being so recorded, or a certified copy thereof from the record, is competent evidence in any court in this state against a party thereto, or person in privity with a party. When a tract of land is owned by the state, the officer or board having administrative control thereof, with the approval of the attorney general, may execute said written instrument and following recording in the county where the land is situated, said instrument shall be filed with the director of administrative services with the evidence of title to the land affected. Last updated August 11, 2021 at 1:32 PM
Ohio Rev. Code § 5302.12 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.12
§ 5302.12. Mortgage form
Status: in_force

February 1, 2002 House Bill 470 - 124th General Assembly A mortgage in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a mortgage to the use of the mortgagee and the mortgagee's heirs, assigns, and successors, with mortgage covenants and upon the statutory condition, as defined in sections 5302.13 and 5302.14 of the Revised Code, to secure the payment of the money or the performance of any obligation specified in the mortgage. The parties may insert in the mortgage any other lawful agreement or condition. "MORTGAGE ________________________, ____________________ (marital status), of ________________ (current mailing address), for __________ Dollars paid, grant(s), with mortgage covenants, to ____________, of __________________ (current mailing address), the following real property: (Description of land or interest in land and encumbrances, reservations, and exceptions, if any.) (A reference to the last recorded instrument through which the mortgagor claims title. The omission of the reference shall not affect the validity of the mortgage.) This mortgage is given, upon the statutory condition, to secure the payment of _________________ dollars with interest as provided in a note of the same date. "Statutory condition" is defined in section 5302.14 of the Revised Code and provides generally that, if the mortgagor pays the principal and interest secured by this mortgage, performs the other obligations secured by this mortgage and the conditions of any prior mortgage, pays all the taxes and assessments, maintains insurance against fire and other hazards, and does not commit or suffer waste, then this mortgage shall be void. ___________________, wife (husband) of the mortgagor, releases to the mortgagee all rights of dower in the described real property. Executed this _______________ day of ________________ _______________________________ (Signature of Mortgagor) (Execution in accordance with Chapter 5301. of the Revised Code)"
Ohio Rev. Code § 5301.88 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.88
§ 5301.88. Filing and recording of environmental covenants
Status: in_force

December 30, 2004 House Bill 516 - 125th General Assembly (A) Except as otherwise provided in division (B) of this section, an environmental covenant and any amendment or termination of the environmental covenant shall be filed in the office of the county recorder of each county in which the real property that is subject to the environmental covenant is located and shall be recorded in the same manner as a deed to the property. For purposes of indexing, a holder shall be treated as a grantee. (B) Pursuant to Chapter 5309. of the Revised Code, an environmental covenant and any amendment or termination of the environmental covenant in connection with registered land, as defined in section 5309.01 of the Revised Code, shall be entered as a memorial on the page of the register where the title of the owner is registered. (C) Except as otherwise provided in division (C) of section 5301.89 of the Revised Code, an environmental covenant is subject to the laws of this state governing recording and priority of interest in real property.
Ohio Rev. Code § 5321.02 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.02
§ 5321.02. Retaliatory action by landlord prohibited
Status: in_force

November 4, 1974 Senate Bill 103 - 110th General Assembly (A) Subject to section 5321.03 of the Revised Code, a landlord may not retaliate against a tenant by increasing the tenant's rent, decreasing services that are due to the tenant, or bringing or threatening to bring an action for possession of the tenant's premises because: (1) The tenant has complained to an appropriate governmental agency of a violation of a building, housing, health, or safety code that is applicable to the premises, and the violation materially affects health and safety; (2) The tenant has complained to the landlord of any violation of section 5321.04 of the Revised Code; (3) The tenant joined with other tenants for the purpose of negotiating or dealing collectively with the landlord on any of the terms and conditions of a rental agreement. (B) If a landlord acts in violation of division (A) of this section the tenant may: (1) Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises; (2) Recover possession of the premises; or (3) Terminate the rental agreement. In addition, the tenant may recover from the landlord any actual damages together with reasonable attorneys' fees. (C) Nothing in division (A) of this section shall prohibit a landlord from increasing the rent to reflect the cost of improvements installed by the landlord in or about the premises or to reflect an increase in other costs of operation of the premises.
Ohio Rev. Code § 5313.07 — Ohio Revised Code / Title 53 / Chapter 5313 / § 5313.07
§ 5313.07. Proceeding for foreclosure and judicial sale
Status: in_force

November 25, 1969 Senate Bill 156 - 108th General Assembly If the vendee of a land installment contract has paid in accordance with the terms of the contract for a period of five years or more from the date of the first payment or has paid toward the purchase price a total sum equal to or in excess of twenty per cent thereof, the vendor may recover possession of his property only by use of a proceeding for foreclosure and judicial sale of the foreclosed property as provided in section 2323.07 of the Revised Code. Such action may be commenced after expiration of the period of time prescribed by sections 5313.05 and 5313.06 of the Revised Code. In such an action, as between the vendor and vendee, the vendor shall be entitled to proceeds of the sale up to and including the unpaid balance due on the land installment contract. Chapter 5313. of the Revised Code does not prevent the vendor or vendee of a land installment contract from commencing a quiet title action to establish the validity of his claim to the property conveyed under a land installment contract nor from bringing an action for unpaid installments. Chapter 5313. of the Revised Code does not prevent the vendor and vendee from cancelling their interest in a land installment contract under section 5301.331 of the Revised Code.
Ohio Rev. Code § 5311.041 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.041
§ 5311.041. Common expenses
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly (A) All costs of the administration, operation, maintenance, repair, and replacement of common elements are common expenses. (B)(1) The declaration, either as filed and recorded by the declarant pursuant to section 5311.06 of the Revised Code or as amended by a vote of the unit owners exercising not less than ninety per cent of the voting power of the unit owners association, may provide that, regardless of undivided interests, the following common expenses shall be computed on an equal per unit basis: (a) Expenses that arise out of the administration, operation, maintenance, repair, and replacement of security, telecommunications, rubbish removal, roads, entrances, recreation facilities, landscaping, and grounds care; (b) Legal, accounting, and management expenses. (2) Expenses not included in division (B)(1) of this section shall be computed on the basis of the undivided interest in the common elements allocated to each unit.
Ohio Rev. Code § 5309.27 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.27
§ 5309.27. Certificates to owners as tenants in common - duplicate certificates
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If two or more persons are registered owners as tenants in common, or otherwise, of undivided interests in land, one owner's duplicate certificate of title may be issued for the whole land, or the owner of a separate or undivided interest may, upon the return and cancellation or proper notation upon the outstanding certificate, have a separate registration of his interest and a duplicate certificate of title issued to him. A registered owner who holds one duplicate certificate for several distinct parcels of land may surrender such certificate and have separate registration and duplicate certificates for portions thereof, or if he holds separate duplicate certificates for several distinct parcels he may surrender them and have registration made of and take out a single duplicate certificate for the whole land, or several registration and duplicate certificates for different portions thereof. If a new or different plat and description is to be given in any new certificate so issued, such plat and description must be definite and certain and in conformity with the previously registered plat and descriptions and must be subject to the approval of the county recorder, who may in any case require the same to be approved by the court. An owner who subdivides a tract of registered land into lots shall file with the clerk of the probate court or the clerk of the court of common pleas a plan thereof, when applying for a new certificate, and the probate court or the court of common pleas, before ordering such certificate to be issued, shall cause the plan to be certified and filed with the recorder and recorded, and require that all boundaries, streets, and passageways shall be distinctly and accurately delineated thereon.
Ohio Rev. Code § 5309.67 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.67
§ 5309.67. Nonconformity does not void proceedings
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly No decree or order of sale or partition whether made before or after June 8, 1915, in any suit, action, or proceeding mentioned in section 5309.66 of the Revised Code, and no sale, conveyance, or partition, or decree confirming the same made in any such suit, action, or proceeding shall be void or affected in any way by want of conformity of such suit, action, or proceeding to such section.
Ohio Rev. Code § 5303.11 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.11
§ 5303.11. Conduct of case
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly For the trial of a question of fact remaining undisposed of, a jury shall be impaneled and sworn, and shall at once proceed to view the premises in question. After viewing the premises, the jury shall return to the courthouse and the trial shall proceed. After hearing the testimony produced by either party, the jury shall determine the rights of the parties under the direction of the court. From such view and the testimony, the jury shall ascertain and find in its verdict the reasonable value of permanent and valuable improvements made on the land previous to the occupying claimant's receipt of actual notice of the adverse claim of the plaintiff, the damages the land has sustained by waste, including the value of timber or other valuable material removed or destroyed, and the net annual value, rents, and profits of the land accruing after the occupying claimant received notice of claim by service of summons. The jury shall find the value of the land at the time the judgment was rendered with the improvements thereon, and its value without the improvements or damages sustained by waste, including the removal or destruction of the timber or other valuable material, and return its verdict in open court.
Ohio Rev. Code § 5321.04 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.04
§ 5321.04. Landlord obligations
Status: in_force

September 28, 2012 House Bill 490 - 129th General Assembly (A) A landlord who is a party to a rental agreement shall do all of the following: (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a safe and sanitary condition; (4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators, supplied or required to be supplied by the landlord; (5) When the landlord is a party to any rental agreements that cover four or more dwelling units in the same structure, provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of a dwelling unit, and arrange for their removal; (6) Supply running water, reasonable amounts of hot water, and reasonable heat at all times, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection; (7) Not abuse the right of access conferred by division (B) of section 5321.05 of the Revised Code; (8) Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary. (9) Promptly commence an action under Chapter 1923. of the Revised Code, after complying with division (C) of section 5321.17 of the Revised Code, to remove a tenant from particular residential premises, if the tenant fails to vacate the premises within three days after the giving of the notice required by that division and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in that division. Such actual knowledge or reasonable cause to believe shall be determined in accordance with that division. (10) Comply with the rights of tenants under the Servicemembers Civil Relief Act, 117 Stat. 2835, 50 U.S.C. App. 501. (B) If the landlord makes an entry in violation of division (A)(8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney's fees, or may terminate the rental agreement.
Ohio Rev. Code § 5305.19 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.19
§ 5305.19. Inquest of competence
Status: in_force

August 7, 2007 House Bill 53 - 127th General Assembly If the committee provided for in section 5305.18 of the Revised Code unanimously reports that the person having a contingent or vested right of dower, in its opinion, is a permanently incompetent person, the court of common pleas shall appoint three judicious freeholders to appraise the real estate described in the petition mentioned in said section, whether or not such real estate is in one or several counties. Such freeholders shall report in writing the value of each tract.
Ohio Rev. Code § 5312.11 — Ohio Revised Code / Title 53 / Chapter 5312 / § 5312.11
§ 5312.11. Individual lot assessments
Status: in_force

September 13, 2022 Senate Bill 61 - 134th General Assembly (A) An owners association may assess an individual lot for any of the following: (1) Enforcement assessments and individual assessments for utility service that are imposed or levied in accordance with the declaration, as well as expenses the board incurs in collecting those assessments; (2) Costs of maintenance, repair, or replacement incurred due to the willful or negligent act of an owner or occupant of a lot or their family, tenants, guests, or invitees, including, but not limited to, attorney's fees, court costs, and other expenses; (3) Costs associated with the enforcement of the declaration or the rules and regulations of the owners association, including, but not limited to, attorney's fees, court costs, and other expenses; (4) Costs or charges the declaration or bylaws permit. (B) Unless otherwise provided by the declaration, bylaws, or rules, the owners association shall credit any amount it receives from a lot owner pursuant to this section in the following order: (1) To interest owed to the owners association; (2) To administrative late fees or enforcement assessments owed to the owners association; (3) To collection costs, attorney's fees, and paralegal fees the owners association incurred in collecting the assessment; (4) To the oldest principal amounts the owner owes to the owners association for the common expenses chargeable against the dwelling unit or lot. (C) Prior to imposing a charge for damages or an enforcement assessment pursuant to this section, the board of directors shall give the owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing, that includes all of the following: (1) A description of the property damage or violation; (2) The amount of the proposed charge or assessment; (3) A statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment; (4) A statement setting forth the procedures to request a hearing; (5) A reasonable date by which the owner must cure a continuing violation to avoid the proposed charge or assessment, if such an opportunity to cure is applicable. (D)(1) To request a hearing, the owner shall deliver a written notice to the board not later than the tenth day after receiving the notice this division requires. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the board immediately may impose a charge for damages or an enforcement assessment pursuant to this section. (2) If an owner requests a hearing, at least seven days prior to the hearing the board shall provide the owner with a written notice that includes the date, time, and location of the hearing. (3) The board shall not levy a charge or assessment before holding any hearing requested pursuant to this section. (4) Within thirty days following a hearing at which the board imposes a charge or assessment, the owners association shall deliver a written notice of the charge or assessment to the owner. (5) Any written notice that this section requires shall be delivered to the owner or any occupant of the dwelling unit by personal delivery, by certified mail, return receipt requested, or by regular mail. Last updated June 29, 2022 at 2:35 PM
Ohio Rev. Code § 5307.22 — Ohio Revised Code / Title 53 / Chapter 5307 / § 5307.22
§ 5307.22. Partition of property belonging to religious corporations
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When two or more religious denominations, or other societies, or associations, have united in a corporation, and as such corporation acquire title to real estate in this state, and they subsequently agree to separate and form two or more corporations under the laws of this state, either corporation, after such separate organization, may file its petition for partition under section 5307.03 of the Revised Code of such property so acquired and held.
Ohio Rev. Code § 5309.52 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.52
§ 5309.52. Entry of release or discharge of encumbrance
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When any registered mortgage, encumbrance, lien, charge, or lesser estate, vested, contingent, expectant, or inchoate, is satisfied, released, extinguished, or terminated, in any manner in whole or in part, the mortgagee, encumbrancer, assignee, owner of lesser estate, or his legal representative , holder of lien, or other person authorized to discharge or release such encumbrance, shall forthwith file with the county recorder or deliver to the encumberer or owner such satisfaction, release, or discharge, in whole or in part. The recorder shall enter such satisfaction, release, or discharge upon the registered certificate of title, upon the original instrument on file or the margin of the record thereof, if recorded, and properly note such cancellation in all the indexes of such mortgage, encumbrance, lien, or charge. If an original instrument, or one of the original duplicates thereof, or a mortgagee's certified copy, indorsed by the recorder, is outstanding in the hands of the encumbrancer or his assigns, no entry or memorial of satisfaction of such instrument shall, except upon notice and a hearing, be made by the recorder without the production of said original instrument or original duplicate or mortgagee's certified copy. If the encumbrancer, owner of a lesser estate or his legal representative, or other person, fails to file such satisfaction or release with the recorder or deliver it to the encumberer, or if such satisfaction or release has been delivered to the encumberer or transferor and become lost or destroyed or from any other cause cannot be produced, then the encumberer, transferor, or other person entitled to such discharge or release may present proof of the same before the recorder, ten days' notice having been given to the person holding the security or lesser estate or to his personal and legal representatives and all persons in interest as shown by the records, or as known. When the recorder is convinced that such mortgage, encumbrance, or other charge has been satisfied, or that said lesser estate has been extinguished or terminated as claimed, he shall enter such satisfaction, release, extinguishment, or termination on the instrument on file with him or the record thereof, if recorded, and indorse the same upon the registered and also on the owner's duplicate certificate of title; or application in such cases may be made to the probate court or the court of common pleas by petition and the court upon notice and hearing shall make such order as is appropriate and the recorder shall act in accordance therewith, and the entry of such discharge, satisfaction, release, extinguishment, or termination by the recorder pursuant to his finding or the order of the court, subject to proceedings on appeal, is conclusive evidence thereof.
Ohio Rev. Code § 5310.46 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.46
§ 5310.46. Effects of certificate of title
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly A certificate of title issued as the result of any proceeding contemplated by section 5310.43 or 5310.44 of the Revised Code has the following effects: (A) Conclusive effect as to conveyances and encumbrances occurring before the effective date of the certificate; (B) No conclusive effect with regard to any conveyance or encumbrance occurring on or after the effective date of the certificate.
Ohio Rev. Code § 5309.74 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.74
§ 5309.74. Power of attorney must be filed with county recorder - revocation
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Before any person can convey, transfer, charge, or deal with any registered land, or any interest therein, as an attorney in fact for another, the deed or instrument empowering such person to so act shall be filed with the county recorder, and a memorial thereof entered upon the registered certificate of title giving the exact time of the filing. Such power of attorney may be revoked by revocation in writing, but such revocation shall not take effect until it is filed with the recorder and noted as a memorial on the register of title. Death shall not effect a revocation of such power of attorney until notice of the death is filed with the recorder and entered on the certificate of title.
Ohio Rev. Code § 5321.18 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.18
§ 5321.18. Written rental agreement for residential premises provisions
Status: in_force

November 4, 1974 Senate Bill 103 - 110th General Assembly (A) Every written rental agreement for residential premises shall contain the name and address of the owner and the name and address of the owner's agent, if any. If the owner or the owner's agent is a corporation, partnership, limited partnership, association, trust, or other entity, the address shall be the principal place of business in the county in which the residential property is situated or if there is no place of business in such county then its principal place of business in this state, and shall include the name of the person in charge thereof. (B) If the rental agreement is oral, the landlord, at the commencement of the term of occupancy, shall deliver to tenant a written notice containing the information required in division (A) of this section. (C) If the landlord fails to provide the notice of the name and address of the owner and owner's agent, if any, required under division (A) or (B) of this section, the notices to the landlord required under division (A) of section 5321.07 and division (A) of section 5321.08 of the Revised Code shall be waived by the landlord and his agent.
Ohio Rev. Code § 5302.30 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.30
§ 5302.30. Property disclosure form required for all residential real property transfers
Status: in_force

May 6, 2005 House Bill 231 - 125th General Assembly (A) As used in this section: (1) "Good faith" means honesty in fact in a transaction involving the transfer of residential real property. (2) "Land installment contract" has the same meaning as in section 5313.01 of the Revised Code. (3) "Political subdivision" and "state" have the same meanings as in section 2744.01 of the Revised Code. (4) "Residential real property" means real property that is improved by a building or other structure that has one to four dwelling units. (B)(1) Except as provided in division (B)(2) of this section, this section applies to any transfer of residential real property that occurs on or after July 1, 1993, by sale, land installment contract, lease with option to purchase, exchange, or lease for a term of ninety-nine years and renewable forever. For purposes of this section, a transfer occurs when the initial contract for transfer is executed, regardless of when legal title is transferred, and references in this section to transfer offers and transfer agreements refer to offers and agreements in respect of the initial contract for transfer. (2) This section does not apply to any transfer of residential real property that is any of the following: (a) A transfer pursuant to court order, including, but not limited to, a transfer ordered by a probate court during the administration of a decedent's estate, a transfer pursuant to a writ of execution, a transfer by a trustee in bankruptcy, a transfer as a result of the exercise of the power of eminent domain, and a transfer that results from a decree for specific performance of a contract or other agreement between persons; (b) A transfer to a mortgagee by a mortgagor by deed in lieu of foreclosure or in satisfaction of the mortgage debt; (c) A transfer to a beneficiary of a deed of trust by a trustor in default; (d) A transfer by a foreclosure sale that follows a default in the satisfaction of an obligation secured by a mortgage; (e) A transfer by a sale under a power of sale following a default in the satisfaction of an obligation that is secured by a deed of trust or another instrument containing a power of sale; (f) A transfer by a mortgagee, or a beneficiary under a deed of trust, who has acquired the residential real property at a sale conducted pursuant to a power of sale under a mortgage or a deed of trust or who has acquired the residential real property by a deed in lieu of foreclosure; (g) A transfer by a fiduciary in the course of the administration of a decedent's estate, a guardianship, a conservatorship, or a trust; (h) A transfer from one co-owner to one or more other co-owners; (i) A transfer made to the transferor's spouse or to one or more persons in the lineal line of consanguinity of one or more of the transferors; (j) A transfer between spouses or former spouses as a result of a decree of divorce, dissolution of marriage, annulment, or legal separation or as a result of a property settlement agreement incidental to a decree of divorce, dissolution of marriage, annulment, or legal separation; (k) A transfer to or from the state, a political subdivision of the state, or another governmental entity; (l) A transfer that involves newly constructed residential real property that previously has not been inhabited; (m) A transfer to a transferee who has occupied the property as a personal residence for one or more years immediately prior to the transfer; (n) A transfer from a transferor who both has not occupied the property as a personal residence within one year immediately prior to the transfer and has acquired the property through inheritance or devise. (C) Except as provided in division (B)(2) of this section and subject to divisions (E) and (F) of this section, every person who intends to transfer any residential real property on or after July 1, 1993, by sale, land installment contract, lease with option to purchase, exchange, or lease for a term of ninety-nine years and renewable forever shall complete all applicable items in a property disclosure form prescribed under division (D) of this section and shall deliver in accordance with division (I) of this section a signed and dated copy of the completed form to each prospective transferee or prospective transferee's agent as soon as is practicable. (D)(1) Prior to July 1, 1993, the director of commerce, by rule adopted in accordance with Chapter 119. of the Revised Code, shall prescribe the disclosure form to be completed by transferors. The form prescribed by the director shall be designed to permit the transferor to disclose material matters relating to the physical condition of the property to be transferred, including, but not limited to, the source of water supply to the property; the nature of the sewer system serving the property; the condition of the structure of the property, including the roof, foundation, walls, and floors; the presence of hazardous materials or substances, including lead-based paint, asbestos, urea-formaldehyde foam insulation, and radon gas; and any material defects in the property that are within the actual knowledge of the transferor. The form also shall set forth a statement of the purpose of the form, including statements substantially similar to the following: that the form constitutes a statement of the conditions of the property and of information concerning the property actually known by the transferor; that, unless the transferee is otherwise advised in writing, the transferor, other than having lived at or owning the property, possesses no greater knowledge than that which could be obtained by a careful inspection of the property by a potential transferee; that the statement is not a warranty of any kind by the transferor or by any agent or subagent representing the transferor in this transaction; that the statement is not a substitute for any inspections; that the transferee is encouraged to obtain the transferee's own professional inspection; that the representations are made by the transferor and are not the representations of the transferor's agent or subagent; and that the form and the representations contained therein are provided by the transferor exclusively to potential transferees in a transfer made by the transferor, and are not made to transferees in any subsequent transfers. The form shall include instructions to the transferor for completing the form, space in which the transferor or transferors shall sign and date the form, and space in which the transferee or transferees shall sign and date the form acknowledging receipt of a copy of the form and stating that the transferee or transferees understand the purpose of the form as stated thereon. (2) Not later than January 1, 2006, the director shall revise the disclosure form to include a statement that information on the operation and maintenance of the type of sewage treatment system serving the property is available from the department of health or the board of health of the health district in which the property is located. As used in this section, "sewage treatment system" has the same meaning as in section 3718.01 of the Revised Code. (E)(1) Each disclosure of an item of information that is required to be made in the property disclosure form prescribed under division (D) of this section in connection with particular residential real property and each act that may be performed in making any disclosure of an item of information shall be made or performed in good faith. (2) If an item of information is unknown to the transferor of residential real property at the time the item is required to be disclosed in the property disclosure form and if the approximation is not used for the purpose of circumventing or otherwise evading divisions (C) and (D) of this section, the transferor may make a good faith approximation of the item of information. (F)(1) A transferor of residential real property is not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from any error in, inaccuracy of, or omission of any item of information required to be disclosed in the property disclosure form if the error, inaccuracy, or omission was not within the transferor's actual knowledge. (2) If any item of information that is disclosed in the property disclosure form is rendered inaccurate after the delivery of the form to the transferee of residential real property or the transferee's agent as a result of any act, occurrence, or agreement, the subsequent inaccuracy does not cause, and shall not be construed as causing, the transferor of the residential real property to be in noncompliance with the requirements of divisions (C) and (D) of this section. (G) Any disclosure of an item of information in the property disclosure form prescribed under division (D) of this section may be amended in writing by the transferor of residential real property at any time following the delivery of the form in accordance with divisions (C) and (I) of this section. The amendment shall be subject to this section. (H) Except as provided in division (B)(2) of this section, every prospective transferee of residential real property who receives in accordance with division (C) of this section a signed and dated copy of a completed property disclosure form as prescribed under division (D) of this section shall acknowledge receipt of the form by doing both of the following: (1) Signing and dating a copy of the form; (2) Delivering a signed and dated copy of the form to the transferor or the transferor's agent or subagent. (I) The transferor's delivery under division (C) of this section of a property disclosure form as prescribed under division (D) of this section and the prospective transferee's delivery under division (H) of this section of an acknowledgment of receipt of that form shall be made by personal delivery to the other party or the other party's agent or subagent, by ordinary mail or certified mail, return receipt requested, or by facsimile transmission. For the purposes of the delivery requirements of this section, the delivery of a property disclosure form to a prospective co-transferee of residential real property or a prospective co-transferee's agent shall be considered delivery to the other prospective transferees unless otherwise provided by contract. (J) The specification of items of information that must be disclosed in the property disclosure form as prescribed under division (D)(1) of this section does not limit or abridge, and shall not be construed as limiting or abridging, any obligation to disclose an item of information that is created by any other provision of the Revised Code or the common law of this state or that may exist in order to preclude fraud, either by misrepresentation, concealment, or nondisclosure in a transaction involving the transfer of residential real property. The disclosure requirements of this section do not bar, and shall not be construed as barring, the application of any legal or equitable defense that a transferor of residential real property may assert in a civil action commenced against the transferor by a prospective or actual transferee of that property. (K)(1) Except as provided in division (K)(2) of this section, but subject to divisions (J) and (L) of this section, a transfer of residential real property that is subject to this section shall not be invalidated because of the failure of the transferor to provide to the transferee in accordance with division (C) of this section a completed property disclosure form as prescribed under division (D) of this section. (2) Subject to division (K)(3)(c) of this section, if a transferee of residential real property that is subject to this section receives a property disclosure form or an amendment of that form as described in division (G) of this section after the transferee has entered into a transfer agreement with respect to the property, the transferee, after receipt of the form or amendment, may rescind the transfer agreement in a written, signed, and dated document that is delivered to the transferor or the transferor's agent or subagent in accordance with divisions (K)(3)(a) and (b) of this section, without incurring any legal liability to the transferor because of the rescission, including, but not limited to, a civil action for specific performance of the transfer agreement. Upon the rescission of the transfer agreement, the transferee is entitled to the return of, and the transferor shall return, any deposits made by the transferee in connection with the proposed transfer of the residential real property. (3)(a) Subject to division (K)(3)(b) of this section, a rescission of a transfer agreement under division (K)(2) of this section only may occur if the transferee's written, signed, and dated document of rescission is delivered to the transferor or the transferor's agent or subagent within three business days following the date on which the transferee or the transferee's agent receives the property disclosure form prescribed under division (D) of this section or the amendment of that form as described in division (G) of this section. (b) A transferee may not rescind a transfer agreement under division (K)(2) of this section unless the transferee rescinds the transfer agreement by the earlier of the date that is thirty days after the date upon which the transferor accepted the transferee's transfer offer or the date of the closing of the transfer of the residential real property. (c) A transferee of residential real property may waive the right of rescission of a transfer agreement described in division (K)(2) of this section. (d) A rescission of a transfer agreement is not permissible under division (K)(2) of this section if a transferee of residential real property that is subject to this section receives a property disclosure form as prescribed under division (D) of this section or an amendment of that form as described in division (G) of this section prior to the transferee's submission to the transferor or the transferor's agent or subagent of a transfer offer and the transferee's entry into a transfer agreement with respect to the property. (4) If a transferee of residential real property subject to this section does not receive a property disclosure form from the transferor after the transferee has submitted to the transferor or the transferor's agent or subagent a transfer offer and has entered into a transfer agreement with respect to the property, the transferee may rescind the transfer agreement in a written, signed, and dated document that is delivered to the transferor or the transferor's agent or subagent in accordance with division (K)(4) of this section without incurring any legal liability to the transferor because of the rescission, including, but not limited to, a civil action for specific performance of the transfer agreement. Upon the rescission of the transfer agreement, the transferee is entitled to the return of, and the transferor shall return, any deposits made by the transferee in connection with the proposed transfer of the residential real property. A transferee may not rescind a transfer agreement under division (K)(4) of this section unless the transferee rescinds the transfer agreement by the earlier of the date that is thirty days after the date upon which the transferor accepted the transferee's transfer offer or the date of the closing of the transfer of the residential real property. (L) The right of rescission of a transfer agreement described in division (K)(2) of this section or the absence of that right does not affect, and shall not be construed as affecting, any other legal causes of action or other remedies that a transferee or prospective transferee of residential real property may possess against the transferor of that property.
Ohio Rev. Code § 5301.70 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.70
§ 5301.70. Enforcement of conservation easement
Status: in_force

March 14, 1980 House Bill 504 - 113th General Assembly Conservation easements are not unenforceable for lack of privity of contract or estate or lack of benefit to a particular dominant estate. Conservation easements are assignable to another entity authorized to hold conservation easements. Nothing in sections 5301.67 to 5301.70 of the Revised Code affects the enforceability of any article of dedication, restriction, easement, covenant, or condition that does not meet the requirements of those sections. The terms of a conservation easement may be enforced by injunction or in any other civil action by the holder of the easement.
Ohio Rev. Code § 5301.94 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.94
§ 5301.94. Right-to-list home sale agreements
Status: in_force

October 3, 2023 House Bill 33 - 135th General Assembly (A) As used in this section, "right-to-list home sale agreement" has the same meaning as in section 4735.01 of the Revised Code. (B) A right-to-list home sale agreement executed, modified, or extended after the effective date of this section is void ab initio and unenforceable. (C) A right-to-list home sale agreement described in division (B) of this section is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. A residential real estate owner that enters into such a right-to-list home sale agreement has a cause of action against any other party to that agreement and is entitled to the same relief available to a consumer under section 1345.09 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. (D) No person shall present for recording, or cause to be presented for recording, by the county recorder in the official records under section 317.08 of the Revised Code a right-to-list home sale agreement described in division (B) of this section. (E) An owner of residential real estate for which a right-to-list home sale agreement is recorded in violation of division (D) of this section may petition the court of common pleas of the county in which the right-to-list home sale agreement is recorded to declare the agreement void ab initio and unenforceable. If the court determines that the agreement is a right-to-list home sale agreement, a certified copy of the court order, with a complete legal description of the parcel, declaring the agreement void ab initio and unenforceable shall be recorded in the office of the county recorder. The county recorder shall record the order and charge and collect from the person filing the order the fees prescribed in section 317.32 of the Revised Code for the recorder's services. If the court grants the order, the owner may recover actual damages, costs, and attorney's fees from the person that recorded, or caused to be recorded, the right-to-list home sale agreement. Last updated September 13, 2023 at 12:06 PM
Ohio Rev. Code § 5313.02 — Ohio Revised Code / Title 53 / Chapter 5313 / § 5313.02
§ 5313.02. Required provisions of land installment contracts
Status: in_force

March 19, 1993 House Bill 473, House Bill 95 - 119th General Assembly (A) Every land installment contract shall be executed in duplicate, and a copy of the contract shall be provided to the vendor and the vendee. The contract shall contain at least the following provisions: (1) The full names and then current mailing addresses of all the parties to the contract; (2) The date when the contract was signed by each party; (3) A legal description of the property conveyed; (4) The contract price of the property conveyed; (5) Any charges or fees for services that are includable in the contract separate from the contract price; (6) The amount of the vendee's down payment; (7) The principal balance owed, which is the sum of the specified in divisions (A)(4) and (5) of this section less the specified in division (A)(6) of this section; (8) The amount and due date of each installment payment; (9) The interest rate on the unpaid balance and the method of computing the rate; (10) A statement of any encumbrances against the property conveyed; (11) A statement requiring the vendor to deliver a general warranty deed on completion of the contract, or another deed that is available when the vendor is legally unable to deliver a general warranty deed; (12) A provision that the vendor provide evidence of title in accordance with the prevailing custom in the area in which the property is located; (13) A provision that, if the vendor defaults on any mortgage on the property, the vendee can pay on the mortgage and receive credit on the land installment contract; (14) A provision that the vendor shall cause a copy of the contract to be recorded; (15) A requirement that the vendee be responsible for the payment of taxes, assessments, and other charges against the property from the date of the contract, unless agreed to the contrary; (16) A statement of any pending order of any public agency against the property. (B) No vendor shall hold a mortgage on property sold by a land installment contract in an amount greater than the balance due under the contract, except a mortgage that covers real property in addition to the property that is the subject of the contract where the vendor has made written disclosure to the vendee of the amount of the mortgage and the release price, if any, attributable to the property in question. No vendor shall place a mortgage on the property in an amount greater than the balance due on the contract without the consent of the vendee. (C) Within twenty days after a land installment contract has been signed by both the vendor and the vendee, the vendor shall cause a copy of the contract to be recorded as provided in section 5301.25 of the Revised Code and a copy of the contract to be delivered to the county auditor. (D) Every land installment contract shall conform to the formalities required by law for the execution of deeds and mortgages. The vendor of any land installment contract that contains a metes and bounds legal description shall have that description reviewed by the county engineer. The county engineer shall indicate his approval of the description on the contract. The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Ohio Rev. Code § 5309.42 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.42
§ 5309.42. Transfer of an estate less than a fee
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly No new certificate of title shall be entered or issued upon any transfer of registered land which does not divest the title in fee from the registered owner or some one of the registered owners. When a registered owner desires to transfer to another a lesser estate than the fee, as an estate for life, for years, or other term, or any other kind of lesser estate than a fee, he may do so by executing to the transferee a deed, lease, or other proper instrument of conveyance or transfer of such estate, in any form authorized by law, giving the number of his certificate and other requirements of identification. When such transferee presents such deed, lease, or other instrument of transfer to the county recorder of the county where the land is situated, together with the owner's duplicate certificate of title, the recorder shall file such instrument and indorse thereon the exact time of such filing. If upon examination it appears to the recorder that the transferor is entitled to make such conveyance, the recorder shall register the same by indorsing upon the folium of the register where such title is registered and upon the duplicate certificate of title, a memorial of such transfer, giving the exact time of filing, name, residence, and post-office address of the transferee, nature and kind of estate transferred, and such other material matter as is contained in said instrument of transfer, and shall indorse on the instrument of transfer the volume and folium of the register where registered.
Ohio Rev. Code § 5305.22 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.22
§ 5305.22. Real estate may be conveyed free from dower if spouse incompetent
Status: in_force

April 6, 2023 House Bill 281 - 134th General Assembly (A) Any real estate or interest in real estate coming to a person by purchase, inheritance, or otherwise, after the spouse of the person is adjudged a person with a mental illness subject to court order and admitted to either a hospital for persons with mental illness in this or any other state of the United States or the psychiatric department of any hospital of the United States, may be conveyed by the person while the person's spouse who is a person with a mental illness subject to court order remains a patient of that hospital, free and clear from any dower right or expectancy of the person's spouse who is a person with a mental illness subject to court order. Dower shall not attach to any real estate so acquired and conveyed during the time described in this section in favor of such spouse who is a person with a mental illness subject to court order. The indorsement upon the instrument of conveyance, by the superintendent of the hospital to which the spouse was admitted, that the spouse of the person conveying the real estate is a person with a mental illness subject to court order who has been admitted to that hospital, stating when received in that hospital and signed officially by the superintendent, shall be sufficient evidence of the fact that the spouse of the person conveying the real estate is a person with a mental illness subject to court order. This indorsement shall be a part of the instrument of conveyance. (B) As used in this section, "person with a mental illness subject to court order" has the same meaning as in section 5122.01 of the Revised Code. Last updated March 10, 2023 at 1:07 PM Disclaimer Contact About
Ohio Rev. Code § 5309.21 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.21
§ 5309.21. Effect of decree dismissing application
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly In a land registration case, if the probate court or the court of common pleas finds that the applicant does not have a title proper for registration, a decree shall be entered dismissing the application. Such decree may be ordered to be without prejudice, in whole or in part; but unless it is so ordered it shall bind the parties, their privies, and the land in respect to any issue of fact or law which has been tried and determined. The dismissal of the application of the plaintiff shall in no way affect any cross-petition filed in the case, but the issues raised by such cross-petition may be tried and determined by the court notwithstanding such dismissal, and all parties, their privies, and the land shall be bound by such determination. All statutes of limitation relating to the recovery of possession or title to any interest in land, or the enforcement of any lien or charge on such land, shall apply and be given effect only in favor of and against the applicant or plaintiff, in all actions or proceedings under sections 5309.02 to 5310.21 , inclusive, of the Revised Code.
Ohio Rev. Code § 5301.32 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.32
§ 5301.32. Assignment or partial release by separate instrument
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly A mortgage may be assigned or partially released by a separate instrument of assignment or partial release, acknowledged as provided by section 5301.01 of the Revised Code. The separate instrument of assignment or partial release shall be recorded in the county recorder's official records. The county recorder shall be entitled to charge the fee for that recording as provided by section 317.32 of the Revised Code for recording deeds. 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. 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 assignments and partial releases of mortgages be by separate instruments. The original instrument bearing the proper endorsement may be used as the separate instrument. An assignment of a mortgage shall contain the then current mailing address of the assignee.
Ohio Rev. Code § 5305.04 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.04
§ 5305.04. Land situated in different counties
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When the lands in which dower is claimed lie in several counties, the petition for dower may be filed by the surviving spouse in any county in which a part of the estate is situated. The court of common pleas of such county has complete jurisdiction, and may order the whole dower of such spouse to be assigned in one or more of such counties, and out of one or more of such tracts of land, if it may be done without prejudice to the rights of any person claiming title to or holding a lien on the land.
Ohio Rev. Code § 5301.85 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.85
§ 5301.85. Environmental covenant runs with land - enforceability
Status: in_force

December 30, 2004 House Bill 516 - 125th General Assembly (A) An environmental covenant that complies with sections 5301.80 to 5301.92 of the Revised Code runs with the land. (B) An environmental covenant that is otherwise effective is valid and enforceable even if any of the following limitations on enforcement of interests applies: (1) It is not appurtenant to an interest in real property. (2) It can be or has been assigned to a person other than the original holder. (3) It is not of a character that has been recognized traditionally at common law. (4) It imposes a negative burden. (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder. (6) The benefit or burden of the environmental covenant does not touch or concern real property. (7) There is no privity of estate or contract. (8) The holder dies, ceases to exist, resigns, or is replaced. (9) The owner of an interest that is subject to the environmental covenant and the holder are the same person. (C) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of sections 5301.80 to 5301.92 of the Revised Code is not invalid or unenforceable because of any of the limitations on enforcement of interests described in division (B) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. Sections 5301.80 to 5301.92 of the Revised Code do not apply in any other respect to such an instrument. (D) Sections 5301.80 to 5301.92 of the Revised Code do not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the laws of this state. (E) Nothing in sections 5301.80 to 5301.92 of the Revised Code shall be construed to restrict, affect, or impair the rights of any person under the Revised Code or common law to enter into or record a restrictive covenant, institutional control, easement, servitude, or other restriction on the use of property that does not satisfy the requirements of division (A) of section 5301.82 of the Revised Code and does not have the permission, approval, or consent of an agency, political subdivision, regulatory body, or other unit of government. However, a restrictive covenant, institutional control, easement, servitude, or other restriction on the use of property entered into or recorded without such permission, approval, or consent is not an environmental covenant and is not binding on an agency, political subdivision, regulatory body, or other unit of government.
Ohio Rev. Code § 5311.19 — Ohio Revised Code / Title 53 / Chapter 5311 / § 5311.19
§ 5311.19. Compliance with deed restrictions, declaration, bylaws and administrative rules and regulations
Status: in_force

July 20, 2004 House Bill 135 - 125th General Assembly (A) All unit owners, their tenants, all persons lawfully in possession and control of any part of a condominium property, and the unit owners association of a condominium property shall comply with all covenants, conditions, and restrictions set forth in a deed to which they are subject or in the declaration, the bylaws, or the rules of the unit owners association, as lawfully amended. Violations of those covenants, conditions, or restrictions shall be grounds for the unit owners association or any unit owner to commence a civil action for damages, injunctive relief, or both, and an award of court costs and reasonable attorney's fees in both types of action. (B)(1) Except as otherwise provided in the declaration or the bylaws, a unit owners association may initiate eviction proceedings, pursuant to Chapters 5321. and 1923. of the Revised Code, to evict a tenant for a violation of division (A) of this section. The action shall be brought by the unit owners association, as the unit owner's agent, in the name of the unit owner. (2) In addition to any procedures required by Chapters 5321. and 1923. of the Revised Code, the unit owners association shall give the unit owner at least ten days written notice of the intended eviction action. (3) The costs of any eviction action brought pursuant to division (B)(1) of this section, including reasonable attorney's fees, shall be charged to the unit owner and shall be the subject of a special assessment against the offending unit and made a lien against that unit.
Ohio Rev. Code § 5309.29 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.29
§ 5309.29. Decree and certificate of title run with the land
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly The obtaining of a decree of registration and receiving a certificate of title is an agreement running with the land that the land shall, unless the owner complies with the provisions of section 5309.68 of the Revised Code or unless a resolution of abolition is implemented under section 5310.38 of the Revised Code, remain registered land and be subject to sections 5309.02 to 5310.21 of the Revised Code. Such agreement is binding on the applicant and the successors in title. All dealings with the land or any interest therein, after such land has been brought under such sections, and all liens, encumbrances, and charges upon such land shall be made only subject to such sections. If any involuntary interest in registered land has come into existence by executory devise, executory limitation, or otherwise since the issuing of any certificate of title, the registered owner or the person claiming such interest may apply to the court by petition, to which all persons in interest shall be made parties and brought before the probate court or the court of common pleas, as provided in original registration or as in other civil actions, to have such interest registered. The court upon a hearing shall make such order as the case requires and direct the county recorder to make registration accordingly.
Ohio Rev. Code § 5309.41 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.41
§ 5309.41. Canceled instruments shall be preserved
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly In all cases in which a certificate of title, or any other instrument or memorandum affecting registered land, is wholly canceled, it shall be retained by the county recorder and filed in his office under its proper file number and carefully preserved. In all cases where part of the land described in a certificate of title is transferred, the county recorder shall issue a new certificate of title to the transferee for the part of the land transferred, and shall indorse on the transferor's registered and duplicate certificates, a notation partially canceling the same, and the reasons therefor, stating the number of the new certificate for the transferred land. The county recorder shall maintain as active the transferor's registered and duplicate certificates for the residue of the land not transferred without issuing a new certificate to the transferor for the residue.
Ohio Rev. Code § 5301.19 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.19
§ 5301.19. Release of mortgage to the state
Status: in_force

October 10, 1963 House Bill 566 - 105th General Assembly When lands or tenements are mortgaged to the state to secure the payment of money due the state, and the money so secured, together with the legal interest due thereon, is paid to the treasurer of state, or other person authorized to receive it, the governor shall sign and deliver to the mortgagor, his heirs, or assigns, a deed of release of the real estate so mortgaged.
Ohio Rev. Code § 5310.42 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.42
§ 5310.42. Certificate of title of registered land effect after abolition
Status: in_force

February 28, 1991 House Bill 161 - 118th General Assembly A certificate of title that is transcribed or bound in the register of titles on the date of implementation in a county that has abolished land registration has the following effects on and after such date: (A) Conclusive effect as to conveyances and encumbrances occurring before the date of implementation and noted on the certificate; (B) Conclusive effect as to conveyances and encumbrances occurring before 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; (C) No conclusive effect with regard to conveyances or encumbrances occurring on or after the date of implementation. The period of limitations prescribed in section 2305.04 of the Revised Code begins to run on the date of implementation with regard to any registered land in a county that has abolished land registration, the title to which land would, prior to the date of implementation, have been subject to acquisition by prescription or adverse possession but for section 5309.89 of the Revised Code.
Ohio Rev. Code § 5321.12 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.12
§ 5321.12. Recovery of damages
Status: in_force

November 4, 1974 Senate Bill 103 - 110th General Assembly In any action under Chapter 5321. of the Revised Code, any party may recover damages for the breach of contract or the breach of any duty that is imposed by law.
Ohio Rev. Code § 5303.12 — Ohio Revised Code / Title 53 / Chapter 5303 / § 5303.12
§ 5303.12. Setting verdict aside
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If either party is aggrieved by an assessment or valuation made by a jury under section 5303.11 of the Revised Code, he may apply to the court during the term at which the trial was had, by a motion to set aside the verdict, assessment, and valuation, and, upon good cause shown, it may set aside such assessment, valuation, and verdict, order a new valuation and another jury to be drawn, which shall proceed as provided in such section. Either party may challenge jurors as in other civil actions. If more than three witnesses are examined by either party on the same point in the same case, the judge may tax the costs of such additional witnesses to the party calling them.
Ohio Rev. Code § 5301.46 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.46
§ 5301.46. Assignment, release, or cancellation of interest made by separate instrument to contain description
Status: in_force

October 10, 1991 House Bill 237 - 119th General Assembly (A) As used in this section, "separate instrument" means an instrument other than the writing in which was created the interest in real property that is being assigned, released, or canceled. (B) In any county that maintains sectional indexes pursuant to section 317.20 of the Revised Code, each assignment, release, or cancellation of an interest in real property that is made by a separate instrument shall contain a description of the real property that is subject to the interest sufficient to enable the county recorder to index the assignment, release, or cancellation correctly, and the description shall include all of the following: (1) The permanent parcel number, if there is one, for the real property; (2) The section, range, tract, subdivision, addition, lot, quarter, and municipal corporation, town, or township associated with the real property. (C) If division (B) of this section requires a description of the subject real property to be contained in an assignment, release, or cancellation of an interest in real property that is made by a separate instrument, the omission in the assignment, release, or cancellation of any part of the description does not invalidate that instrument.
Ohio Rev. Code § 5310.03 — Ohio Revised Code / Title 53 / Chapter 5310 / § 5310.03
§ 5310.03. Certificates of title and copies shall be received in evidence
Status: in_force

October 29, 2003 House Bill NO53 - 125th General Assembly The original certificate of title in the register of titles, any copy of it certified under the signature of the county recorder, and the owner's duplicate of the original certificate of title shall be received as evidence in all the courts of the state and shall be conclusive as to all matters contained in it, except as provided in this chapter or Chapter 5309. of the Revised Code. All subsequent certificates of title and memorials on them shall be conclusive in favor of bona fide owners and holders except subsequent certificates and memorials on them procured by forgery.
Ohio Rev. Code § 5307.11 — Ohio Revised Code / Title 53 / Chapter 5307 / § 5307.11
§ 5307.11. Sale of estate when no election made
Status: in_force

September 13, 2010 House Bill 292 - 128th General Assembly If no party elects to take the estate, at the insistence of a party, the court of common pleas may order a sale of the estate at public auction by one of the following: (A) The sheriff who executed the writ of partition or the sheriff's successor in office; (B) An auctioneer who is licensed under Chapter 4707. of the Revised Code and who is qualified under section 4707.021 of the Revised Code to conduct an auction of real property.
Ohio Rev. Code § 5301.78 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.78
§ 5301.78. Unfair service agreement civil action
Status: in_force

June 16, 2026 Senate Bill 101 - 136th General Assembly (A)(1) If an unfair service agreement or a notice or memorandum of an unfair service agreement is recorded in this state in violation of section 5301.77 of the Revised Code, any party with an interest in the residential real estate that is the subject of that agreement may commence a civil action in a court of competent jurisdiction in the county in which the agreement, notice, or memorandum is recorded. (2) If the court determines that the recorded instrument is an unfair service agreement or a notice or memorandum of an unfair service agreement, the court shall do both of the following: (a) Issue a judgment declaring the service agreement, notice, or memorandum to be unenforceable; (b) Award to any party with an interest in the residential real estate that is the subject of that agreement all of the following: (i) Actual economic damages; (ii) Court costs and fees; (iii) Reasonable attorney's fees. (B) When an unfair service agreement or notice or memorandum of an unfair service agreement is declared unenforceable by a judgment under division (A)(2)(a) of this section, any party with an interest in the residential real estate may obtain a certified copy of the judgment declaring the service agreement, notice, or memorandum to be unenforceable and present the certified copy of the judgment to the county recorder's office for recording within the chain of title to the property. Last updated April 17, 2026 at 2:48 PM
Ohio Rev. Code § 5301.18 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.18
§ 5301.18. Deeds from state must recite facts
Status: in_force

September 30, 2021 House Bill 110 - 134th General Assembly All deeds executed under sections 5301.15 , 5301.16 , and 5301.17 of the Revised Code must recite the facts, as ascertained by the governor and attorney general, upon the proof of which they are executed, and shall be recorded in the office of the director of administrative services. Last updated August 11, 2021 at 1:31 PM
Ohio Rev. Code § 5323.01 — Ohio Revised Code / Title 53 / Chapter 5323 / § 5323.01
§ 5323.01. Residential rental property definitions
Status: in_force

September 29, 2007 House Bill 119 - 127th General Assembly As used in this chapter: (A) "Hotel" has the same meaning as in section 3731.01 of the Revised Code. (B) "Manufactured home" has the same meaning as in section 3781.06 of the Revised Code. (C) "Mobile home" and "recreational vehicle" have the same meanings as in section 4501.01 of the Revised Code. (D) "Political subdivision" means a county that has a population of more than two hundred thousand according to the most recent decennial census or a township, municipal corporation, or other body corporate and politic that is located in a county that has a population of more than two hundred thousand according to the most recent decennial census and is responsible for government activities in a geographic area smaller than that of the state. (E) "Residential rental property" means real property that is located in a county that has a population of more than two hundred thousand according to the most recent decennial census and on which is located one or more dwelling units leased or otherwise rented to tenants solely for residential purposes, or a mobile home park or other permanent or semipermanent site at which lots are leased or otherwise rented to tenants for the parking of a manufactured home, mobile home, or recreational vehicle that is used solely for residential purposes. "Residential rental property" does not include a hotel or a college or university dormitory.
Ohio Rev. Code § 5301.80 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.80
§ 5301.80. Environmental covenants - definitions
Status: in_force

October 3, 2023 House Bill 33 - 135th General Assembly As used in sections 5301.80 to 5301.92 of the Revised Code: (A) "Activity and use limitations" means restrictions or obligations created under sections 5301.80 to 5301.92 of the Revised Code with respect to real property. (B) "Agency" means the environmental protection agency or any other state or federal agency that determines or approves the environmental response project pursuant to which an environmental covenant is created. (C) "Common interest community" means a condominium, a cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums or to pay for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community. (D) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations and that meets the requirements established in section 5301.82 of the Revised Code. (E) "Environmental response project" means a plan or work performed for environmental remediation of real property or for protection of ecological features associated with real property and conducted as follows: (1) Under a federal or state program governing environmental remediation of real property that is subject to agency review or approval, including property that is the subject of any of the following: (a) A corrective action, closure, or post-closure pursuant to the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, et seq., as amended, or any regulation adopted under that act, or Chapter 3714. or 3734. of the Revised Code or any rule adopted under those chapters, including the use or reservation of soil to be used in the performance of the corrective action, closure, or post-closure care; (b) A removal or remedial action pursuant to the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, et seq., as amended, or any regulation adopted under that act, or Chapter 3734. or 6111. of the Revised Code or any rule adopted under those chapters; (c) A no further action letter submitted with a request for a covenant not to sue pursuant to section 3746.11 of the Revised Code; (d) A corrective action pursuant to section 3737.88 , 3737.882 , or 3737.89 of the Revised Code or any rule adopted under those sections. (2) Pursuant to a mitigation requirement associated with the section 401 water quality certification program or the isolated wetland program as required by Chapter 6111. of the Revised Code; (3) Pursuant to a grant commitment or loan agreement entered into pursuant to section 6111.036 or 6111.037 of the Revised Code; (4) Pursuant to a supplemental environmental project embodied in orders issued by the director of environmental protection pursuant to Chapter 6111. of the Revised Code. (F) "Holder" means a grantee of an environmental covenant as specified in division (A) of section 5301.81 of the Revised Code. (G) "Person" includes the state, a political subdivision, another state or local entity, the United States and any agency or instrumentality of it, and any legal entity defined as a person under section 1.59 of the Revised Code. (H) "Record," when used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Last updated September 5, 2023 at 3:44 PM
Ohio Rev. Code § 5302.22 — Ohio Revised Code / Title 53 / Chapter 5302 / § 5302.22
§ 5302.22. Transfer on death deed form
Status: in_force

December 28, 2009 Senate Bill 124 - 128th General Assembly (A) As used in sections 5302.22 , 5302.222 , 5302.23 , and 5302.24 of the Revised Code: (1) "Affidavit of confirmation" means an affidavit executed under division (A) of section 5302.222 of the Revised Code. (2) "Survivorship tenancy" means an ownership of real property or any interest in real property by two or more persons that is created by executing a deed pursuant to section 5302.17 of the Revised Code. (3) "Survivorship tenant" means one of the owners of real property or any interest in real property in a survivorship tenancy. (4) "Tenants by the entireties" mean only those persons who are vested as tenants in an estate by the entireties with survivorship pursuant to any deed recorded between February 9, 1972, and April 3, 1985, under section 5302.17 of the Revised Code as it existed during that period of time. Nothing in sections 5302.22 , 5302.222 , 5302.23 , and 5302.24 of the Revised Code authorizes the creation of a tenancy by the entireties or recognizes a tenancy by the entireties created outside that period of time. (5) "Transfer on death designation affidavit" means an affidavit executed under this section. (6) "Transfer on death beneficiary or beneficiaries" means the beneficiary or beneficiaries designated in a transfer on death designation affidavit. (B) Any individual who, under the Revised Code or the common law of this state, owns real property or any interest in real property as a sole owner, as a tenant in common, or as a survivorship tenant, or together with the individual's spouse owns an indivisible interest in real property as tenants by the entireties, may designate the entire interest, or any specified part that is less than the entire interest, in that real property as transferable on death to a designated beneficiary or beneficiaries by executing, together with the individual's spouse, if any, a transfer on death designation affidavit as provided in this section. If the affidavit is executed by an individual together with the individual's spouse, if any, the dower rights of the spouse are subordinate to the vesting of title to the interest in the real property in the transfer on death beneficiary or beneficiaries designated under this section. The affidavit shall be recorded in the office of the county recorder in the county in which the real property is located, and, when so recorded, the affidavit or a certified copy of the affidavit shall be evidence of the transfer on death beneficiary or beneficiaries so designated in the affidavit insofar as the affidavit affects title to the real property. (C)(1) If an individual who owns real property or an interest in real property as a sole owner or as a tenant in common executes a transfer on death designation affidavit, upon the death of that individual, title to the real property or interest in the real property specified in the affidavit vests in the transfer on death beneficiary or beneficiaries designated in the affidavit. (2) If an individual who owns real property or an interest in real property as a survivorship tenant executes a transfer on death designation affidavit, upon the death of that individual or of one but not all of the surviving survivorship tenants, title to the real property or interest in the real property specified in the affidavit vests in the surviving survivorship tenant or tenants. Upon the death of the last surviving survivorship tenant, title to the real property or interest in the real property vests in the transfer on death beneficiary or beneficiaries designated in the affidavit, subject to division (B)(7) of section 5302.23 of the Revised Code. (3) If an individual who together with the individual's spouse owns an indivisible interest in real property as tenants by the entireties executes a transfer on death designation affidavit, upon the death of that individual, title to the real property or interest in the real property vests in the remaining tenant by the entireties. Upon the death of the remaining tenant by the entireties, title to the real property or interest in the real property vests in the transfer on death beneficiary or beneficiaries designated in the affidavit, subject to division (B)(7) of section 5302.23 of the Revised Code. (D) A transfer on death designation affidavit shall be verified before any person authorized to administer oaths and shall include all of the following: (1) A description of the real property the title to which is affected by the affidavit and a reference to an instrument of record containing that description; (2) If less than the entire interest in the real property is to be transferred on death under the affidavit, a statement of the specific interest or part of the interest in the real property that is to be so transferred; (3) A statement by the individual executing the affidavit that the individual is the person appearing on the record of the real property as the owner of the real property or interest in the real property at the time of the recording of the affidavit and the marital status of that owner. If the owner is married, the affidavit shall include a statement by the owner's spouse stating that the spouse's dower rights are subordinate to the vesting of title to the real property or interest in the real property in the transfer on death beneficiary or beneficiaries designated in the affidavit. (4) A statement designating one or more persons, identified by name, as transfer on death beneficiary or beneficiaries. (E) The county recorder of the county in which a transfer on death designation affidavit is offered for recording shall receive the affidavit and cause it to be recorded in the same manner as deeds are recorded. The county recorder shall collect a fee for recording the affidavit in the same amount as the fee for recording deeds. The county recorder shall index the affidavit in the name of the owner of record of the real property or interest in the real property who executed the affidavit. (F) A transfer on death designation affidavit need not be supported by consideration and need not be delivered to the transfer on death beneficiary or beneficiaries designated in the affidavit to be effective. However, in order to be effective, that affidavit shall be recorded with the county recorder as described in this section prior to the death of the individual who executed the affidavit. (G) Subject to division (C) of this section, upon the death of any individual who owns real property or an interest in real property that is subject to a transfer on death beneficiary designation made under a transfer on death designation affidavit as provided in this section, that real property or interest in real property of the deceased owner shall be transferred only to the transfer on death beneficiary or beneficiaries who are identified in the affidavit by name and who survive the deceased owner or that are in existence on the date of death of the deceased owner. For purposes of this division, if a natural or legal person designated by name in the affidavit as a transfer on death beneficiary or as a contingent transfer on death beneficiary as provided in division (B)(2) of section 5302.23 of the Revised Code solely in that person's capacity as a trustee of a trust has died, has resigned, or otherwise has been replaced by a successor trustee of the trust on the date of death of the deceased owner, the successor trustee of the trust shall be considered the transfer on death beneficiary or contingent transfer on death beneficiary in existence on the date of death of the deceased owner in full compliance with this division, notwithstanding that the successor trustee is not named as a transfer on death beneficiary or contingent transfer on death beneficiary in the affidavit. (H) Any person who knowingly makes any false statement in a transfer on death designation affidavit is guilty of falsification under division (A)(6) of section 2921.13 of the Revised Code.
Ohio Rev. Code § 5309.53 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.53
§ 5309.53. Decree or order of court a lien upon registered land
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly No judgment or decree or order of a court shall be a lien upon or affect registered land, or any interest therein, until a certificate under the hand and official seal of the clerk of the court in which the case is entered, or of record, stating the date and purport of the judgment, decree, or order, or other action taken by the court, giving the number of the case, the full names of the parties, plaintiff and defendant, and the volume and page of the journal or record in which it is entered, or certified copy of such judgment, decree, order, or action of the court, stating the facts required by this section, is filed and noted in the office of the county recorder. When such filing is completed, a memorial of such filing shall be entered by the recorder upon the folium of the register in which the title to the land to be affected is last registered.
Ohio Rev. Code § 5312.15 — Ohio Revised Code / Title 53 / Chapter 5312 / § 5312.15
§ 5312.15. Construction of chapter
Status: in_force

September 10, 2010 Senate Bill 187 - 128th General Assembly This chapter shall be construed to establish a uniform framework for the operation and management of planned communities in this state and to supplement any planned community governing document that is in existence on the effective date of this chapter. In the event of a specific conflict between this chapter and express requirements or restrictions in such a governing document, the governing document shall control. This chapter shall control if any governing document is silent with respect to any provision of this chapter.
Ohio Rev. Code § 5309.34 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.34
§ 5309.34. Transferee of registered land not on notice or inquiry
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Except in case of fraud, and except as provided in sections 5309.02 to 5310.21 , inclusive, of the Revised Code, no person taking a transfer of registered land, or any interest therein, or of any charge upon such land, from the registered owner, need inquire into the circumstances under which, or the consideration for which such owner or any previous registered owner was registered. Such transferee shall not be affected with notice, actual or constructive, of any unregistered trust, lien, claim, demand, or interest. The knowledge that any unregistered trust, lien, claim, demand, or interest is in existence shall not of itself be imputed to such transferee as fraud. No unregistered estate, interest, power, right, claim, contract, or trust shall prevail against the title of a registered owner taken bona fide for valuable consideration or of any person bona fide claiming through or under him.
Ohio Rev. Code § 5301.55 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.55
§ 5301.55. Liberal construction of statutes
Status: in_force

September 29, 1961 House Bill 81 - 104th General Assembly Sections 5301.47 to 5301.56 , inclusive, of the Revised Code, shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in section 5301.48 of the Revised Code, subject only to such limitations as appear in section 5301.49 of the Revised Code.
Ohio Rev. Code § 5321.031 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.031
§ 5321.031. College or university student tenant rental agreements
Status: in_force

October 12, 1994 House Bill 438 - 120th General Assembly A college or university may terminate a rental agreement with a student tenant prior to the expiration of the term of the agreement and require that the student vacate the dwelling unit only when the termination follows a hearing in which it was determined by the college or university that the student violated a term of the rental agreement or violated the college's or university's code of conduct or other policies and procedures. The hearing must be preceded by a written notice to the student, must include a right to be heard, and must otherwise comply with the college's or university's procedures for disciplinary hearings. The written rental agreement must specify the conditions under which the rental agreement may be terminated and specify the college's or university's notice and hearing procedures that will be followed in making a determination under this section.
Ohio Rev. Code § 5321.051 — Ohio Revised Code / Title 53 / Chapter 5321 / § 5321.051
§ 5321.051. Eviction of tenant allowing sex or child victim offenders to occupy premises near school, child care facility
Status: in_force

October 3, 2023 House Bill 33 - 135th General Assembly (A)(1) No tenant of any residential premises 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 shall allow any person to occupy those residential premises if both of the following apply regarding the person: (a) The person'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 person was convicted of or pleaded guilty to either a sexually oriented offense that is not a registration-exempt 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. (2) If a tenant allows occupancy in violation of this section or a person establishes a residence or occupies residential premises in violation of section 2950.034 of the Revised Code, the landlord for the residential premises that are the subject of the rental agreement or other tenancy may terminate the rental agreement or other tenancy of the tenant and all other occupants. (B) If a landlord is authorized to terminate a rental agreement or other tenancy pursuant to division (A) of this section but does not so terminate the rental agreement or other tenancy, the landlord is not liable in a tort or other civil action in damages for any injury, death, or loss to person or property that allegedly results from that decision. (C) 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 2:20 PM
Ohio Rev. Code § 5309.081 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.081
§ 5309.081. Death of survivorship tenant transfer of interest
Status: in_force

August 19, 1992 House Bill 280 - 119th General Assembly When an interest in title to registered land is vested in two or more persons as a survivorship tenancy and one of the survivorship tenants dies, the interest of the decedent shall be transferred by presenting to the county auditor and filing with the county recorder either a 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 and by an owner's duplicate of the relevant certificate of title. The affidavit shall certify that the owner of a survivorship tenancy interest in the title to a parcel or parcels of registered land has died and recite the names of the surviving tenants, the current residence address of each surviving tenant, the date of death of the decedent, a description of the land, and the number of the certificate of title where the land is registered. The county recorder shall register the title in the surviving tenants, upon a new folium in the register of titles; enter all memorials, notations, and memoranda to which the land is subject at the time of transfer; and issue a new certificate of title to the surviving tenants setting forth all of the information as to each required to be shown pursuant to section 5309.40 of the Revised Code.
Ohio Rev. Code § 5301.24 — Ohio Revised Code / Title 53 / Chapter 5301 / § 5301.24
§ 5301.24. Acquisition of property by state not to affect mortgage lien - state, a party
Status: in_force

October 1, 1953 Senate Bill 361 - 100th General Assembly The lien or priority of any existing valid mortgage or lien shall not be affected by reason of the fact that this state or any political subdivision thereof acquires the property on which said lien exists, unless said property is acquired by regular judicial proceedings. The state, or any board or commission of the state, may be made a party in any court of common pleas or probate court, to any foreclosure proceedings, or other proceedings to sell real estate and marshal liens, to secure an adjudication concerning any claim, mortgage, or other lien which the state has or claims on the premises involved. Service of summons shall be made by the clerk of the court who shall, by registered mail, send service of summons and a copy of the petition to the attorney general. The answer day and other proceedings thereafter shall be the same as though a personal service had been made as of the date the return receipt is signed, and thereafter the procedure shall be the same as though a private corporation had been sued under the laws of this state. No subsequent statute shall modify or change this section unless such statute specifically provides that it is modifying or changing this section.
Ohio Rev. Code § 5309.10 — Ohio Revised Code / Title 53 / Chapter 5309 / § 5309.10
§ 5309.10. Assent by spouse
Status: in_force

February 1, 2002 House Bill 279 - 124th General Assembly If the application to register the title to land or to any interest in land is made by a married person, the spouse of that person shall signify the spouse's assent to the registration as prayed for by endorsement on the application acknowledged as a deed, or by a separate instrument so acknowledged and filed with the application. If the spouses are separated and living apart, or either one refuses to consent to the application of the other, the assent of the nonapplicant spouse is not necessary, and in that case the nonapplicant spouse shall be treated and named as a party defendant to the application.
Ohio Rev. Code § 5305.13 — Ohio Revised Code / Title 53 / Chapter 5305 / § 5305.13
§ 5305.13. Minor heir not to be prejudiced by collusive assignment of dower
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly During the minority of an heir, if dower is assigned to a surviving spouse not entitled thereto, or, if such dower was recovered by the default, fraud, or collusion of the guardian, such heir, on coming of age, may have an action against such spouse to recover the lands wrongfully awarded.