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2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.67 | Conservation, Agricultural Easement Definitions.

Effective:
July 26, 2001
Latest Legislation:
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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.68 | Granting Conservation or Agricultural Easement.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
An owner of land may grant a conservation easement to the department of natural resources, a park district created under Chapter 1545. of the Revised Code, a township park district created under section 511.18 of the Revised Code, a conservancy district created under Chapter 6101. of the Revised Code, a soil and water conservation district created under Chapter 940. of the Revised Code, a regional water and sewer district created under Chapter 6119. of the Revised Code, a county, a township, a municipal corporation, or a charitable organization that is authorized to hold conservation easements by division (B) of section 5301.69 of the Revised Code, in the form of articles of dedication, easement, covenant, restriction, or condition. An owner of land also may grant an agricultural easement to the director of agriculture; to a municipal corporation, county, township, or soil and water conservation district; or to a charitable organization described in division (B) of section 5301.69 of the Revised Code. An owner of land may grant an agricultural easement only on land that is valued for purposes of real property taxation at its current value for agricultural use under section 5713.31 of the Revised Code or that constitutes a homestead when the easement is granted.
All conservation easements and agricultural easements shall be executed and recorded in the same manner as other instruments conveying interests in land.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.69 | Who May Acquire Conservation or Agricultural Easement.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The director of natural resources, the board of park commissioners of a park district created under Chapter 1545. of the Revised Code, the board of park commissioners of a township park district created under section 511.18 of the Revised Code, the board of directors of a conservancy district created under Chapter 6101. of the Revised Code, the board of supervisors of a soil and water conservation district created under Chapter 940. of the Revised Code, the board of trustees of a regional water and sewer district created under Chapter 6119. of the Revised Code, the board of county commissioners of a county, the board of township trustees of a township, or the legislative authority of a municipal corporation may acquire conservation easements in the name of the state, the district, or the county, township, or municipal corporation in the same manner as other interests in land may be acquired under section 307.02, 307.18, 505.10, 505.261, 511.23, 717.01, 940.06, 1501.01, 1545.11, 6101.15, or 6119.111 of the Revised Code. Each officer, board, or authority acquiring a conservation easement shall name an appropriate administrative officer, department, or division to supervise and enforce the easement.
(B) A charitable organization may acquire and hold conservation easements if it is exempt from federal taxation under subsection 501(a) and is described in subsection 501(c) of the "Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as amended, and organized for any of the following purposes: the preservation of land areas for public outdoor recreation or education, or scenic enjoyment; the preservation of historically important land areas or structures; or the protection of natural environmental systems. Such a charitable organization also may acquire and hold agricultural easements subject to the limitation that it may do so only on land that is valued for purposes of real property taxation at its current value for agricultural use under section 5713.31 of the Revised Code or that constitutes a homestead when the easement is granted.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.692 | Holding Land or Interests in Land for Purpose of Retaining Use of Land Predominantly in Agriculture.

Effective:
April 5, 1999
Latest Legislation:
Senate Bill 223 - 122nd General Assembly
The legislative authority of a municipal corporation, board of county commissioners of a county, or board of township trustees of a township, in addition to the legislative authority's or board's other powers, may hold land or interests in land for the purpose of retaining the use of the land predominantly in agriculture. The authority and boards may do all things necessary or appropriate to achieve that purpose, including, without limitation, performing any of the activities described in division (A)(1) or (2) of section 5713.30 of the Revised Code or entering into contracts to lease or rent the land or interests in land so held to persons or governmental entities who will use the land predominantly in agriculture.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.70 | Enforcement of Conservation Easement.

Effective:
March 14, 1980
Latest Legislation:
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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.71 | Termination of Agricultural Leases.

Effective:
July 21, 2022
Latest Legislation:
House Bill 397 - 134th General Assembly
(A) As used in this section:
(1) "Agricultural lease agreement" means an agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions between a landlord and tenant concerning the use and occupancy of real property by one of the parties for agricultural purposes.
(2) "Agricultural purposes" means the use and occupancy of real property for the planting, growing, and harvesting of crops and all practices necessary for that planting, growing, and harvesting. It does not mean the use and occupancy of real property for pasture, timber, farm buildings, horticultural buildings, or leases solely for equipment.
(3) "Landlord" means the owner or lessor of real property used for agricultural purposes that is authorized to receive remuneration from a tenant under an agricultural lease agreement, and has entered into, or has actual or constructive knowledge of, an agricultural lease agreement.
(4) "Tenant" means the person entitled under an agricultural lease agreement to use real property for agricultural purposes to the exclusion of all others.
(B)(1) Notwithstanding anything in Chapter 1335. of the Revised Code, if an agricultural lease agreement does not provide for a termination date or method for notice of termination of the agricultural lease agreement, the landlord shall provide the tenant with written notice of termination. The written notice shall be delivered on or before the first day of September, in the year the termination is to be effective, by personal delivery, facsimile, or electronic mail.
(2) If notice of termination of an agricultural lease agreement is given pursuant to division (B)(1) of this section, the termination date for the agricultural lease agreement shall be the earlier of the following, unless otherwise agreed to, in writing, by the landlord and tenant:
(a) The date harvesting or removal of crops is complete;
(b) The thirty-first day of December in the year in which the notice was given.
(C) This section does not affect the requirements of section 5301.01 of the Revised Code.
Last updated April 29, 2022 at 4:12 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.81 | Holder of Environmental Covenant.

Effective:
December 30, 2004
Latest Legislation:
House Bill 516 - 125th General Assembly
(A) Any person, including a person that owns an interest in the real property that is the subject of an environmental covenant, may be a holder. An environmental covenant may identify more than one holder.
(B) The interest of a holder is an interest in real property. However, a right of an agency under sections 5301.80 to 5301.92 of the Revised Code or under an environmental covenant, other than a right as a holder, is not an interest in real property.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.82 | Contents of Environmental Covenant - Required Signatures.

Effective:
December 30, 2004
Latest Legislation:
House Bill 516 - 125th General Assembly
(A) An environmental covenant shall contain all of the following:
(1) A statement that the instrument is an environmental covenant executed pursuant to sections 5301.80 to 5301.92 of the Revised Code;
(2) A legally sufficient description of the real property that is subject to the environmental covenant;
(3) A description of the activity and use limitations on the real property;
(4) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in the use of, applications for building permits for, or proposals for any site work affecting contamination on, the property that is subject to the environmental covenant;
(5) The name or identity of every holder;
(6) Rights of access to the property granted in connection with implementation or enforcement of the environmental covenant;
(7) The signatures of the applicable agency, every holder, and, unless waived by the agency, every owner of the fee simple of the real property that is subject to the environmental covenant;
(8) An identification of the name and location of any administrative record for the environmental response project pursuant to which the environmental covenant is created.
(B) In addition to the information required by division (A) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed the environmental covenant, including any of the following:
(1) Requirements for periodic reporting describing compliance with the environmental covenant;
(2) A brief narrative description of contamination on the property and its remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(3) Limitations on amendment or termination of the environmental covenant in addition to those established in sections 5301.89 and 5301.90 of the Revised Code;
(4) Rights of the holder in addition to the right to enforce the environmental covenant pursuant to section 5301.91 of the Revised Code.
(C) In addition to other conditions for an agency's approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property that is the subject of the environmental covenant to sign the covenant.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.83 | Copies of Environmental Covenant to Be Provided.

Effective:
December 30, 2004
Latest Legislation:
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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.84 | Obligations Under Environmental Covenant.

Effective:
December 30, 2004
Latest Legislation:
House Bill 516 - 125th General Assembly
An agency is bound by any obligation that it expressly assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations that the person assumes in the environmental covenant, but signing the environmental covenant does not change obligations, rights, or protections that are granted or imposed under law other than sections 5301.80 to 5301.92 of the Revised Code, except as provided in the environmental covenant.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.85 | Environmental Covenant Runs With Land - Enforceability.

Effective:
December 30, 2004
Latest Legislation:
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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.86 | Antecedent Interests in Real Property - Subordination Agreement.

Effective:
December 30, 2004
Latest Legislation:
House Bill 516 - 125th General Assembly
With respect to interests in real property in existence at the time that an environmental covenant is created or amended, all of the following apply:
(A) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest agrees to subordinate that interest to the environmental covenant.
(B) Sections 5301.80 to 5301.92 of the Revised Code do not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.
(C) A subordination agreement may be contained in an environmental covenant or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person who is authorized by the common interest community.
(D) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that persons's interest, but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.87 | Zoning Regulations and Prior Instruments.

Effective:
December 30, 2004
Latest Legislation:
House Bill 516 - 125th General Assembly
Sections 5301.80 to 5301.92 of the Revised Code do not authorize a use of real property that is otherwise prohibited by zoning, by law other than sections 5301.80 to 5301.92 of the Revised Code regulating use of real property, or by a recorded instrument that has priority over an environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than sections 5301.80 to 5301.92 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.88 | Filing and Recording of Environmental Covenants.

Effective:
December 30, 2004
Latest Legislation:
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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.89 | Environmental Covenant Perpetual - Exceptions - Judicial Termination - Limitation.

Effective:
December 30, 2004
Latest Legislation:
House Bill 516 - 125th General Assembly
(A) An environmental covenant is perpetual unless any of the following applies:
(1) The environmental covenant is limited by its terms to a specific duration or is terminated by its terms by the occurrence of a specific event.
(2) The environmental covenant is terminated by consent pursuant to section 5301.90 of the Revised Code.
(3) The environmental covenant is terminated pursuant to division (B) of this section.
(4) The environmental covenant is terminated by foreclosure of an interest that has priority over the environmental covenant.
(5) The environmental covenant is terminated or modified in an eminent domain proceeding, but only if all of the following apply:
(a) The agency that signed the environmental covenant is a party to the proceeding.
(b) All persons identified in divisions (A) and (B) of section 5301.90 of the Revised code are given notice of the pendency of the proceeding.
(c) The court determines, after a hearing, that the termination or modification will not adversely affect human health or safety or the environment.
(B) If the agency that signed an environmental covenant has determined that the intended benefits of the environmental covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in divisions (A) and (B) of section 5301.90 of the Revised Code have been given notice, may terminate the environmental covenant or reduce its burden on the real property that is subject to the environmental covenant.
(C) Except as otherwise provided in divisions (A) and (B) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence or a similar doctrine.
(D) An environmental covenant may not be extinguished, limited, or impaired by application of sections 5301.47 to 5301.56 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.90 | Amendment or Termination of Environmental Covenant by Consent - Assignment.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by all of the following:
(1) The applicable agency;
(2) Unless waived by that agency, the current owner of the fee simple of the real property that is subject to the environmental covenant;
(3) Each person that originally signed the environmental covenant unless one or more of the following apply:
(a) The person waived in a signed record the right to consent;
(b) A court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence;
(c) The applicable agency finds that the signature of the person is not necessary.
(4) Except as otherwise provided in division (D)(2) of this section, each holder.
(B) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the environmental covenant unless the current owner of the interest consents in writing to the amendment or has waived in a signed record the right to consent to amendments.
(C) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment of the environmental covenant.
(D) Except as otherwise provided in an environmental covenant, both of the following apply:
(1) A holder may not assign its interest without consent of the other parties to the environmental covenant specified in division (A) of this section.
(2) A holder may be removed and replaced by agreement of the other parties specified in division (A) of this section.
(E) A court of competent jurisdiction may fill a vacancy in the position of holder.
Last updated September 5, 2023 at 3:46 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.91 | Civil Action for Violation - Regulatory Authority - Liability.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by any of the following:
(1) A party to the environmental covenant specified in division (A) of section 5301.90 of the Revised Code that is not otherwise specified in divisions (A)(2) to (7) of this section;
(2) The environmental protection agency;
(3) The applicable agency if it is other than the environmental protection agency;
(4) Any person to whom the environmental covenant expressly grants the authority to maintain such an action;
(5) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the environmental covenant;
(6) A unit of local government in which the real property that is subject to the environmental covenant is located;
(7) An original signatory of the environmental covenant who is no longer an owner of the real property that is subject to the environmental covenant in fee simple.
(B) Sections 5301.80 to 5301.92 of the Revised Code do not limit the regulatory authority of the applicable agency or the environmental protection agency if it is not the applicable agency under any law other than sections 5301.80 to 5301.92 of the Revised Code with respect to an environmental response project.
(C) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
Last updated September 5, 2023 at 3:51 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.92 | Preemption of Federal Electronic Signatures Statute.

Effective:
December 30, 2004
Latest Legislation:
House Bill 516 - 125th General Assembly
Sections 5301.80 to 5301.92 of the Revised Code modify, limit, or supersede the "Electronic Signatures in Global and National Commerce Act," 114 Stat. 464 (2000), 15 U.S.C. 7001 et seq., as amended, except that sections 5301.80 to 5301.92 of the Revised Code do not modify, limit, or supersede section 101 of that act, 15 U.S.C. 7001(a), as amended, or authorize electronic delivery of any of the notices described in section 103 of that act, 15 U.S.C. 7003(b), as amended.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.93 | Residential Pace Lien Priority.

Effective:
April 4, 2023
Latest Legislation:
House Bill 364 - 134th General Assembly
(A) As used in this section:
(1) "PACE" means property assessed clean energy.
(2) "Qualifying residential real property" means a single family residential dwelling, or other residential dwelling of three or fewer units.
(3) "Residential PACE lien" means the encumbrance on the qualifying residential real property created by the special assessment for a residential PACE loan.
(4) "Residential PACE loan" means the extension of financing that is offered to pay for the installation of cost effective energy improvements on a homeowner's qualifying residential real property and is repayable by the homeowner through a special assessment under section 717.25 or Chapter 1710. of the Revised Code.
(B) Notwithstanding any provision of law to the contrary, a residential PACE lien shall be all of the following:
(1) Subordinate to all liens on the qualifying residential real property recorded prior to the time the residential PACE lien is recorded;
(2) Subordinate to a first mortgage on the qualifying property recorded after the residential PACE lien is recorded;
(3) Subject to division (B)(2) of this section, superior to any other lien on the qualifying residential real property recorded after the residential PACE lien is recorded.
(C) Notwithstanding any other law to the contrary, in the event of a foreclosure sale of a qualifying residential real property, the holders of any mortgages or other liens, including delinquent special assessments secured by residential PACE liens, shall receive proceeds in accordance with the priorities established under division (B) of this section.
Last updated February 24, 2023 at 1:57 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.94 | Right-to-List Home Sale Agreements.

Effective:
October 3, 2023
Latest Legislation:
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
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.99 | Penalty.

Effective:
March 19, 1979
Latest Legislation:
Senate Bill 508 - 112th General Assembly
(A) Any individual, corporation, or other business entity that violates section 5301.254 of the Revised Code shall be fined not less than five thousand dollars nor more than an amount equal to twenty-five percent of the market value of the real property or mineral or mining rights about which information must be filed with the secretary of state pursuant to section 5301.254 of the Revised Code.
(B) Whoever violates section 5301.61 of the Revised Code is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.01 | Statutory Forms.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
The forms set forth in sections 5302.05, 5302.07, 5302.09, 5302.11, 5302.12, 5302.14, 5302.17, and 5302.31 of the Revised Code may be used and shall be sufficient for their respective purposes. They shall be known as "Statutory Forms" and may be referred to as such. They may be altered as circumstances require, and the authorization of those forms shall not prevent the use of other forms. Wherever the phrases defined in sections 5302.06, 5302.08, 5302.10, and 5302.13 of the Revised Code are to be incorporated in instruments by reference, the method of incorporation as indicated in the statutory forms shall be sufficient, but shall not preclude other methods.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.02 | Rules and Definitions Applicable to All Instruments Relating to Real Estate.

Effective:
December 28, 2009
Latest Legislation:
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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.03 | Use of Word Grant.

Effective:
October 30, 1965
Latest Legislation:
House Bill 163 - 106th General Assembly
In a conveyance of real estate or any interest therein, the word "grant" is a sufficient word of conveyance without the use of more words. No covenant shall be implied from the use of the word "grant."
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.04 | All Interest Conveyed Unless Otherwise Stated in Instrument.

Effective:
October 30, 1965
Latest Legislation:
House Bill 163 - 106th General Assembly
In a conveyance of real estate or any interest therein, all rights, easements, privileges, and appurtenances belonging to the granted estate shall be included in the conveyance, unless the contrary is stated in the deed, and it is unnecessary to enumerate or mention them either generally or specifically.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.05 | General Warranty Deed Form.

Effective:
February 1, 2002
Latest Legislation:
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 lawfully seized in fee simple of the granted premises, that the granted premises were free from all encumbrances, that the grantor had good right to sell and convey the same to the grantee and the grantee's heirs, assigns, and successors, and that the grantor does warrant and will defend the same to the grantee and the grantee's heirs, assigns, and successors, forever, against the lawful claims and demands of all persons.
"GENERAL WARRANTY DEED
___________ (marital status), of ___________ County, ______________ for valuable consideration paid, grant(s), with general warranty 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 _____
_______________, wife (husband) of the grantor, releases all rights of dower therein.
Executed this _______________ day of ________________
_______________________________
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)"
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.06 | General Warranty Covenants Meaning and Effect.

Effective:
October 30, 1965
Latest Legislation:
House Bill 163 - 106th General Assembly
In a conveyance of real estate, or any interest therein, the words "general warranty 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 lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that he has good right to sell and convey the same, and that he does warrant and will defend the same to the grantee and his heirs, assigns, and successors, forever, against the lawful claims and demands of all persons."
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.07 | Limited Warranty Deed Form.

Effective:
February 1, 2002
Latest Legislation:
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 premises were free from all encumbrances made by the grantor, and that the grantor does warrant and will defend the same to the grantee and the grantee's heirs, assigns, and successors, forever, against the lawful claims and demands of all persons claiming by, through, or under the grantor, but against none other.
"LIMITED WARRANTY DEED
__________ (marital status), of ____________ County, _____________ for valuable consideration paid, grant(s), with limited warranty 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 _____
___________, wife (husband) of said grantor, releases to said grantee all rights of dower therein.
Executed this _______________ day of __________________
______________________________
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)"
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.08 | Limited Warranty Covenants Meaning and Effect.

Effective:
October 30, 1965
Latest Legislation:
House Bill 163 - 106th General Assembly
In a conveyance of real estate, or any interest therein, the words "limited warranty covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that the granted premises are free from all encumbrances made by the grantor, and that he does warrant and will defend the same to the grantee and his heirs, assigns, and successors, forever, against the lawful claims and demands of all persons claiming by, through, or under the grantor, but against none other."
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.09 | Deed of Executor, Administrator, Trustee, Guardian, Receiver, or Commissioner Form.

Effective:
February 1, 2002
Latest Legislation:
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)"
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.10 | Fiduciary Covenants Meaning and Effect.

Effective:
October 30, 1965
Latest Legislation:
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."
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.11 | Quit-Claim Deed Form.

Effective:
February 1, 2002
Latest Legislation:
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, and to the grantee's and the grantee's heirs', assigns', and successors' own use, but without covenants of any kind on the part of the grantor.
"QUIT-CLAIM DEED
_______________ (marital status), of __________ County, _____________________ for valuable consideration paid, grant(s) 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 ______
_______________, wife (husband) of the grantor, releases all rights of dower therein.
Executed this _______________ day of ___________
_______________________________
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)"
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.12 | Mortgage Form.

Effective:
February 1, 2002
Latest Legislation:
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)"
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.13 | Mortgage Covenants Meaning and Effect.

Effective:
October 30, 1965
Latest Legislation:
House Bill 163 - 106th General Assembly
In a mortgage of real estate, or any interest therein, the words "mortgage covenants" have the full force, meaning, and effect of the following words, and shall be applied and construed accordingly:
"The mortgagor covenants with the mortgagee and his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that the mortgagor has good right to sell and convey the same; and that he does warrant and will defend the same to the mortgagee and his heirs, assigns, and successors, forever, against the lawful claims and demands of all persons."