reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.14 | Statutory Condition 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 "statutory condition" have the full force, meaning, and effect of the following words and shall be applied and construed accordingly:
"Provided, nevertheless, except as otherwise specifically stated in the mortgage, that if the mortgagor, or his heirs, executors, administrators, assigns, or successors, shall pay unto the mortgagee or his executors, administrators, assigns, or successors, the principal and interest secured by the mortgage, and shall perform all other obligations secured by the mortgage, and shall perform the condition of any prior mortgage, and until such payment and performance shall pay when due and payable all taxes and assessments on the mortgaged premises, shall keep the buildings on said premises insured against fire and other hazards commonly known as Extended Coverage Risks in a sum not less than the amount secured by the mortgage or as otherwise provided therein for the benefit of the mortgagee and his executors, administrators, assigns, and successors, in a company or companies authorized to write insurance business in the state of Ohio and acceptable to the mortgagee, shall pay all premiums therefor, and deliver all policies therefor, to the mortgagee or his executors, administrators, assigns, or successors, and, at least two days before the expiration of any policy on said premises, shall deliver to him or them a new and sufficient policy to take the place of the one so expiring; and shall not commit or suffer any waste of the mortgaged premises or any breach of any covenant contained in the mortgaged or in any prior mortgage, then the mortgage shall be void."
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.15 | Master Mortgage Form.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage may be recorded in the official records of any county. Every such instrument shall be entitled "Master Mortgage Form Recorded By (name of the person causing the instrument to be recorded)" and shall be dated and signed by the person causing it to be recorded, but need not be acknowledged. Upon presentation for record and payment of the fees provided in section 317.32 of the Revised Code, the county recorder shall record any such master mortgage form in the official records of the county and shall index it in the direct and reverse indexes under the name appearing in the title, in the same manner as mortgages of real property.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.16 | Master Mortgage Form Incorporated by Reference.

Effective:
November 24, 1967
Latest Legislation:
House Bill 550 - 107th General Assembly
The provisions of a master mortgage form recorded pursuant to section 5302.15 of the Revised Code may be incorporated by reference in any mortgage of real property situated in the county where such master mortgage form is recorded, by stating in such mortgage the volume and page number of the record of mortgages where such master mortgage form is recorded, and, if only a part of such master mortgage form is to be incorporated in the mortgage, the part or parts to be excluded. A copy of such master mortgage form shall be furnished to the mortgagors prior to the execution of the mortgage, and receipt thereof shall be noted in such mortgage.
Any part or all of a master mortgage form incorporated by reference pursuant to this section in a mortgage of real property is a part of such mortgage the same as if fully rewritten therein, and need not be recorded with such mortgage to be effective.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.17 | Survivorship Deed Form.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
A deed conveying any interest in real property to two or more persons, and in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, creates a survivorship tenancy in the grantees, and upon the death of any of the grantees, vests the interest of the decedent in the survivor, survivors, or the survivor's or survivors' separate heirs and assigns.
"SURVIVORSHIP DEED
_______________ (marital status), of ____________________ County, _________________________ for valuable consideration paid, grant(s), (covenants, if any) to ________________________ (marital status) and ___________________ (marital status), for their joint lives, remainder to the survivor of them, whose tax-mailing addresses are ____________, the following real property:
(description of land or interest therein and encumbrances, reservations, and exceptions, if any)
Prior Instrument Reference: ____________________________
_______________, wife (husband) of the grantor, releases all rights of dower therein.
Executed this _______________ day of ________________
___________________________________
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)"
Any persons who are the sole owners of real property, prior to April 4, 1985, as tenants with a right of survivorship under the common or statutory law of this state or as tenants in common may create in themselves and in any other person or persons a survivorship tenancy in the real property by executing a deed as provided in this section conveying their entire, separate interests in the real property to themselves and to the other person or persons.
Except as otherwise provided in this section, when a person holding real property as a survivorship tenant dies, the transfer of the interest of the decedent may be recorded by presenting to the county auditor and filing with the county recorder either a certificate of transfer as provided in section 2113.61 of the Revised Code, or an affidavit accompanied by a certified copy of a death certificate. The affidavit shall recite the names of the other survivorship tenant or tenants, the address of the other survivorship tenant or tenants, the date of death of the decedent, and a description of the real property. The county recorder shall record any certificate or affidavit so filed in the official records. When a person holding real property as a survivorship tenant dies and the title to the property is registered pursuant to Chapter 5309. of the Revised Code, the procedure for the transfer of the interest of the decedent shall be pursuant to section 5309.081 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.171 | Affidavit for Successor Trustee.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
Upon the death, resignation, removal, or other event terminating the appointment of a trustee of a trust, which trustee holds title to real property, the successor trustee or any co-trustee of the trust shall file with the county auditor and the county recorder of the county in which the real property is located, as soon as is practical, an affidavit reciting the name of the immediately preceding trustee and any co-trustees, the addresses of all trustees, a reference to the deed or other instrument vesting title in the trustees, and a legal description of the real property. The affidavit shall be recorded in the official records of the county recorder, and indexed in the direct and reverse indexes provided for in section 317.18 of the Revised Code.
The affidavit described in this section shall not be required if the original trust instrument naming the trustees and successors and containing relevant facts pertaining to the succession of trustees, or if a memorandum of trust in compliance with section 5301.255 of the Revised Code that contains relevant facts pertaining to the succession of trustees, is recorded in the office of the county recorder.
Failure to file the affidavit required by this section does not affect title to real property in the one or more trustees.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.18 | Grantor Also a Grantee.

Effective:
April 4, 1985
Latest Legislation:
Senate Bill 201 - 115th General Assembly
A deed in which a grantor is also a grantee is effective to convey the interest in the title of the grantor or grantors to all of the grantees in the proportion and manner indicated in the deed.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.19 | Tenancy in Common.

Effective:
April 4, 1985
Latest Legislation:
Senate Bill 201 - 115th General Assembly
Except as provided in sections 5302.17, 5302.20, and 5302.21 of the Revised Code, if any interest in real property is conveyed or devised to two or more persons, such persons hold title as tenants in common and the joint interest created is a tenancy in common.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.21 | Prior Tenancy by the Entireties or Survivorship Tenancy.

Effective:
April 4, 1985
Latest Legislation:
Senate Bill 201 - 115th General Assembly
(A) Sections 5302.17 to 5302.20 of the Revised Code do not affect deeds that were executed and recorded prior to the effective date of this section and that created a tenancy by the entireties in a husband and wife pursuant to section 5302.17 of the Revised Code as it existed prior to the effective date of this section. If spouses covered by such deeds are tenants by the entireties on the day prior to the effective date of this section, such deeds continue to be valid on and after such effective date, and, unless they choose to do so, the spouses do not have to prepare a deed, as described in section 5302.17 of the Revised Code as effective on the effective date of this section, creating in themselves a survivorship tenancy.
(B) Sections 5302.17 to 5302.20 of the Revised Code do not affect conveyances or devises of real property to two or more persons for their joint lives and then to the survivor or survivors of them, that occurred prior to the effective date of this section and that did not involve tenancies by the entireties. These conveyances and devises, if they are valid on the effective date of this section, continue to be valid on and after that date. Unless persons so holding property choose to do so, they do not have to prepare a deed, as described in section 5302.17 of the Revised Code as effective on the effective date of this section, creating in themselves a survivorship tenancy.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.221 | Transfer on Death Deed Medicaid Estate Recovery Form.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 227 - 131st General Assembly
(A) As used in this section, "medicaid estate recovery program" means the program instituted under section 5162.21 of the Revised Code.
(B) The administrator of the medicaid estate recovery program shall prescribe a form on which a beneficiary of a transfer on death designation affidavit as provided in section 5302.22 of the Revised Code, who survives the deceased owner of the real property or an interest in the real property or that is in existence on the date of death of the deceased owner, or that beneficiary's representative is to indicate both of the following:
(1) Which of the following applies to the deceased owner:
(a) The deceased owner had been a medicaid recipient.
(b) The deceased owner had never been a medicaid recipient.
(c) The beneficiary or representative does not know whether the deceased owner had ever been a medicaid recipient.
(2) If the spouse of the deceased owner died before the owner died, which of the following applies to the predeceased spouse:
(a) The predeceased spouse had been a medicaid recipient.
(b) The predeceased spouse had never been a medicaid recipient.
(c) The beneficiary or representative does not know whether the predeceased spouse had ever been a medicaid recipient.
(C) The administrator of the medicaid estate recovery program shall make the form prescribed under division (B) of this section available to county recorders. A county recorder shall provide a copy of the form to a beneficiary of a transfer on death designation affidavit or the beneficiary's representative before recording the transfer of the real property or interest in the real property under section 5302.222 of the Revised Code. A beneficiary or beneficiary's representative shall submit a copy of the properly completed form to the administrator of the medicaid estate recovery program if the beneficiary or representative indicates any of the following on the form:
(1) That the deceased owner had been a medicaid recipient or that the beneficiary or representative does not know whether the deceased owner had ever been a medicaid recipient;
(2) That the predeceased spouse of the deceased owner had been a medicaid recipient or that the beneficiary or representative does not know whether the predeceased spouse had ever been a medicaid recipient.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.222 | Transfer of Deceased's Real Property; Recording; Affidavit of Confirmation.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
(A) The transfer of a deceased owner's real property or interest in real property as designated in a transfer on death designation affidavit provided in section 5302.22 of the Revised Code shall be recorded by presenting to the county auditor of the county in which the real property is located and filing with the county recorder of that county an affidavit of confirmation executed by any transfer on death beneficiary to whom the transfer is made. The affidavit of confirmation shall be verified before a person authorized to administer oaths and shall be accompanied by a certified copy of the death certificate for the deceased owner. The affidavit of confirmation shall contain all of the following information:
(1) The name and address of each transfer on death beneficiary who survived the deceased owner or that is in existence on the date of death of the deceased owner. If a named beneficiary was designated as a transfer on death beneficiary solely in that person's capacity as a trustee of a trust and that trustee subsequently has been replaced by a successor trustee, the affidavit of confirmation shall include the name and address of the successor trustee and shall be accompanied by a copy of the recorded successor trustee affidavit described in section 5302.171 of the Revised Code.
(2) The date of death of the deceased owner;
(3) A description of the subject real property or interest in real property;
(4) The name of each transfer on death beneficiary who has not survived the deceased owner or that is not in existence on the date of death of the deceased owner.
(B) The affidavit of confirmation shall be accompanied by a certified copy of the death certificate for each transfer on death beneficiary who has not survived the deceased owner.
(C) The county recorder shall record in the official records any affidavit of confirmation filed under this section.
(D) Upon the death of any individual holding real property or an interest in real property that is the subject of a transfer on death designation affidavit as provided in section 5302.22 of the Revised Code, if the title to the real property is registered pursuant to Chapter 5309. of the Revised Code, the procedure for the transfer of the interest of the deceased owner to the transfer on death beneficiary or beneficiaries designated in the affidavit shall be pursuant to section 5309.081 of the Revised Code.
(E) Any person who knowingly makes any false statement in an affidavit of confirmation is guilty of falsification under division (A)(6) of section 2921.13 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.24 | Affect of r.c. 5302.22, 5302.222, and 5302.23.

Effective:
March 14, 2017
Latest Legislation:
Senate Bill 232 - 131st General Assembly
Except as otherwise provided in divisions (B)(12) and (C) of section 5302.23 of the Revised Code, sections 5302.22, 5302.222, and 5302.23 of the Revised Code do not affect any deed that was executed and recorded prior to December 28, 2009, or any transfer on death beneficiary designation made, pursuant to section 5302.22 of the Revised Code as it existed prior to that date. If that deed or designation is valid on the day prior to that date, the deed or designation continues to be valid on and after that date. A grantee of that deed need not execute a transfer on death designation affidavit that designates the same transfer on death beneficiary or beneficiaries as in the deed unless the grantee chooses to do so.
Last updated February 24, 2022 at 12:50 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5302 | Statutory Forms of Land Conveyance › Section 5302.31 | Private Selling Officer's Deed; Form.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st 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; and 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.
"Private Selling Officer's Deed
Ohio Revised Code § 2329.152
Case No. _____________________
I, __________________________, a private selling officer as defined in section 2329.01 of the Revised Code, pursuant to the Order of Sale entered on __________________, the Confirmation of Sale entered on _______________, and in consideration of the sum of $______________________, the receipt whereof is hereby acknowledged, do hereby grant, sell, and convey unto ____________________, tax mailing address ________________________, all the rights, title, and interest of the parties in Court of Common Pleas, ________________ County, Ohio, Case No. ________________, ___________________ vs. _____________________, and all pleadings therein incorporated herein by reference in and to the following Lands and Tenements situated in the County of ___________________ and State of Ohio, known and described as follows, to-wit:
(description of land or interest therein)
This deed does not reflect any restrictions, conditions, or easements of record.
Prior Owner: ______________________________
Prior Instrument Reference: ______________________________
Executed this _______ day of ___________________, ____________________________________
(signature of private selling officer)
Auctioneer License # ______________________________
Real Estate Broker License #______________________________
(Execution in accordance with Chapter 5301. of the Revised Code)"
Last updated February 24, 2022 at 12:44 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.01 | Action to Quiet Title.

Effective:
March 31, 1973
Latest Legislation:
House Bill 390 - 109th General Assembly
An action may be brought by a person in possession of real property, by himself or tenant, against any person who claims an interest therein adverse to him, for the purpose of determining such adverse interest. Such action may be brought also by a person out of possession, having, or claiming to have, an interest in remainder or reversion in real property, against any person who claims to have an interest therein, adverse to him, for the purpose of determining the interests of the parties therein.
Whenever the state or any agency or political subdivision thereof has, or appears to have, an interest in real property adverse to the person in possession claiming the right thereto, the state or such agency or such political subdivision may be made a party in any action brought under this section.
The clerk of the court shall cause to be recorded in the deed records of each county in which any part of the real property lies, a certified copy of the judgment or decree determining the interests of the parties. The usual fees of the clerk and recorder shall be taxed as part of the costs of the case.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.02 | Vendee May Recoup.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In actions to recover the purchase money of real estate by vendor against vendee, the vendee, notwithstanding his continued possession, may by way of counterclaim set up any breach of the covenants of title acquired by him from the plaintiff, and make any person claiming an adverse interest therein a party to the action. Upon the hearing, he may recoup against the plaintiff's demand the present worth of any existing lien or encumbrance thereon. If the adverse interest of the claimant is an estate in reversion or remainder, or contingent upon a future event, with his assent, the court of common pleas may order the vendee to surrender possession to his vendor upon the repayment of so much of the purchase money as has been paid, with interest, or direct the payment of the purchase money claimed in the action, upon the plaintiff's giving bond in double its amount with two or more sureties to be approved by the court, for the payment thereof with interest, if by reason of the defect the defendant or his privies are subsequently evicted.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.03 | Petition in Action for Land.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an action for the recovery of real property, it is sufficient if the plaintiff states in his petition that he has a legal estate therein and is entitled to the possession thereof, describing it with such certainty as to identify the property, and that the defendant unlawfully keeps him out of the possession. It is not necessary to state how the plaintiff's estate or ownership is derived.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.04 | Answer to Action for Land.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an action for the recovery of real property, it is sufficient if in his answer the defendant denies generally the title alleged in the petition, or that he withholds the possession. If he denies the title only, possession by him shall be taken as admitted. When he does not defend for the whole premises, the answer shall describe the particular part for which defense is made. The defendant also may set forth in his answer other grounds of defense and counterclaim, as in any other form of action.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.05 | Petition by Tenant Against Cotenant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an action by a tenant in common of real property against a cotenant, the plaintiff must state, in addition to what is required in section 5303.03 of the Revised Code, that the defendant either denied the plaintiff's right, or did some act amounting to such denial.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.06 | Recovery When Right Terminates During the Action.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an action for the recovery of real property, when the plaintiff shows a right to recover at the time the action was begun, but during its pendency his right has terminated, the verdict and judgment must be according to the fact, and the plaintiff may recover for the withholding of the property.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.07 | Occupying Claimant Law.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an action for the recovery of real property the parties may avail themselves of the benefit of sections 5303.08 to 5303.17, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.08 | Cases in Which Occupying Claimant Is Paid for Improvements.

Effective:
October 1, 1953
Latest Legislation:
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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.09 | Title Under a Sale for Taxes.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In cases of lands sold for taxes the title by which the successful claimant succeeds against the occupying claimant is an adverse and better title under section 5303.08 of the Revised Code, whether it is the title under which the taxes were due and for which the land was sold, or any other title or claim. The occupying claimant holding possession of land sold for taxes, having the deed of a county auditor therefor, or a certificate of such sale from a county treasurer, or claiming under the person who holds such deed or certificate, has sufficient title to the land to demand the value of improvements under such section.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.10 | Entry of Claim Against Occupying Claimant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The court rendering judgment against the occupying claimant in any case provided for in sections 5303.08 to 5303.17, inclusive, of the Revised Code, at the request of either party, shall cause a journal entry thereof to be made, and the action shall then proceed as other civil actions.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.11 | Conduct of Case.

Effective:
October 1, 1953
Latest Legislation:
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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.12 | Setting Verdict Aside.

Effective:
October 1, 1953
Latest Legislation:
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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.13 | Judgment and Execution on Verdict for Plaintiff.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If, under section 5303.11 of the Revised Code, the jury reports a sum in favor of the plaintiff in ejectment on the assessment and valuation of the valuable and lasting improvements, the assessment of damages for waste, and the net annual value of the rents and profits, the court shall render a judgment therefor, without pleadings, and issue execution thereon as in other cases. In such case, or in cases in which no such excess is reported, such plaintiff is barred from having or maintaining an action for mesne profits.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.14 | Proceedings if Verdict Is for Occupying Claimant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If, under section 5303.11 of the Revised Code, the jury reports a sum in favor of the occupying claimant, on the assessment and valuation of the valuable and lasting improvements, deducting therefrom the damages, sustained by waste, together with the net annual value of the rents and profits which the defendant received after commencement of the action, the successful claimant, or his heirs, or, if they are minors, their guardians, may demand of the occupying claimant the value of the land without the improvements so assessed and tender a deed of it to him, or pay him the sum so allowed by the jury in his favor, within such reasonable time as the court allows.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.15 | Writ of Possession.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the successful claimant, his heirs, or their guardians, elect to, and do pay to the occupying claimant, the sum reported in his favor by the jury, within the time allowed therefor, then a writ of possession shall issue in favor of him, his heirs, or their guardians.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.16 | Election by Successful Claimant to Receive Value of Land.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the successful claimant, his heirs, or their guardians, elect to receive the value of the land without the improvements assessed under section 5303.11 of the Revised Code, to be paid by the occupying claimant, and tender a general warranty deed of the land conveying such adverse or better title, within the time allowed by the court for the payment of the money, and the occupying claimant refuses or neglects to pay it to him, his heirs, or their guardians within such time, a writ of possession shall be issued in favor of the successful claimant, his heirs, or their guardians.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.17 | Action by Occupying Claimant After Election.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an application is made for the value of improvements to land, the occupying claimant or his heirs shall not be evicted from the possession of such land except as provided in sections 5303.15 and 5303.16 of the Revised Code. When an election has been made by the successful claimant, his heirs, or their guardians, to surrender the land, if the occupying claimant or his heirs, within the time allowed, pay into court its value, without improvements, thereafter they may bring suit in the courts which gave judgment of eviction, and obtain judgment for the title to the land, if it was not previously conveyed to such occupant.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.18 | Authority to Convey.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When two or more persons who own an interest in land become bound in writing for the sale and conveyance thereof, and one dies before the land is conveyed, the survivors, by petition against the purchaser, and the heirs or devisees of such deceased party, may be authorized to complete such contract.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.19 | Petition to Convey Land.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The petition provided for in section 5303.18 of the Revised Code must set forth the names of all the contracting parties, describe the lands contracted for, state the time the contract was made, that it has been fully performed by the purchaser, and have a copy of the contract annexed.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.20 | Judgment and Deed to Convey Land.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the court finds the allegations of the petition provided for in section 5303.18 of the Revised Code to be true, it may make an order authorizing the survivors to complete the contract by conveying the land. The deed shall recite the order, and shall convey as complete and perfect a title, and have the same effect, as if executed by all the owners.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.21 | Sale of Entailed and Other Estates.

Effective:
October 14, 1983
Latest Legislation:
Senate Bill 115 - 115th General Assembly
(A) In an action by the tenant in tail or for life, or in an action by the grantee or devisee of a qualified or conditional fee, or of any other qualified, conditional, or determinable interest, or in an action by a person claiming under such tenant, grantee, or devisee, or in an action by the trustee or beneficiaries, if the estate is held in trust, courts of common pleas may, subject to division (B) of this section, authorize the sale of any estate, whether it was created by will, deed, or contract, or came by descent, when satisfied that such sale would be for the benefit of the person holding the first and present estate, interest, or use, and do no substantial injury to the heirs in tail, or others in expectancy, succession, reversion, or remainder. This division does not extend to estates in dower.
(B) If an estate is held in trust and if the trustee is authorized by the trust instrument to sell real property, a court of common pleas shall not authorize the sale of the estate pursuant to division (A) of this section unless the trustee consents to the sale.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.211 | Estate Held in Trust Sale or Lease.

Effective:
August 10, 1965
Latest Legislation:
Senate Bill 25 - 106th General Assembly
Where the estate sought to be sold or leased is held in trust under the jurisdiction of a probate court, an action may be brought by the trustee in the probate court of the county in which he was appointed or in which the estate subject to sale or lease or any part thereof is situated; and the sale or lease of such estate may be authorized by such court which shall have the same jurisdiction and power as is provided for courts of common pleas in sections 5303.21 to 5303.31, inclusive, of the Revised Code.
If the action is brought in a county other than that in which the estate or a part thereof is situated, a certified transcript of the record of all proceedings had therein shall be filed with and recorded by the probate court of each county in which such estate or any part thereof is situated.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.22 | Petition and Defendants.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The petition for a sale of an estate described in section 5303.21 of the Revised Code shall contain a description of such estate, a clear statement of the interest of the plaintiff therein, and a copy of the will, deed, or other instrument of writing by which the estate is created. All persons in being who are interested in the estate, or who may, by the terms of the will, deed, other instrument creating the entailment or other estate, thereafter become interested therein as heir, reversioner, or otherwise, shall be made parties to the action. If the names or residence of persons who should be made parties are unknown to the plaintiff, that fact shall be verified by affidavit of the plaintiff, whereupon the sale may be ordered.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.23 | Order for Sale and Effect.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the hearing, if it is proved that a sale of an estate described in section 5303.21 of the Revised Code would be for the benefit of the tenant in tail, or for life, and do no substantial injury to the heirs in tail, or others in expectancy, succession, reversion, or remainder, the court shall direct a sale to be made, the manner thereof and appoint some suitable person to make it. Such sale shall vest the estate sold in the purchaser, free from the entailment, limitation, or condition.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.24 | Sale May Be Had by Consent.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All parties in interest may appear voluntarily, and consent in writing to a sale of an estate described in section 5303.21 of the Revised Code. Testamentary guardians, and guardians appointed by the probate court, in the place of their wards, also may assent to the sale.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.25 | Report and Confirmation of Sale and Deed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A sale of an estate described in section 5303.21 of the Revised Code shall be reported to the court of common pleas authorizing such sale. On examination thereof, if it appears that the sale was fairly conducted and made, and that the price obtained is the reasonable value of the estate sold, the court shall confirm the sale and direct a deed of conveyance of the premises sold to be made to the purchaser on payment of the purchase money, or on securing its payment as the court approves.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.26 | Proceeds of Sale.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All money arising from a sale of an estate described in section 5303.21 of the Revised Code, for purposes of descent, succession, reversion, or remainder, has the same character and is governed by the same principles as the estate sold, and passes according to the terms of the deed, will, or other instrument creating the estate.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.27 | Investing Money From Sale of Entailed Estates - Insurance.

Effective:
October 20, 1987
Latest Legislation:
House Bill 287 - 117th General Assembly
Under the direction and approval of the court of common pleas, money arising from the sale of an estate described in section 5303.21 of the Revised Code and from the notes given for purchase money shall be invested in the bonds or other interest-bearing obligations of this state, any political subdivision of this state, or the United States, or in bonds or notes secured by a mortgage on unencumbered real estate located in this state, of double the value of the money secured. The buildings on such real estate shall be well insured against loss by fire and windstorm, and so kept by the mortgagor for the benefit of the mortgagee, until the debt is paid. The mortgagee shall so insure the buildings if the mortgagor fails to do so, and the expense of the insurance shall be repaid by the mortgagor and be a lien on the property concurrent with the mortgage; or the court may order the money reinvested in other real estate within this state under such restrictions as it prescribes, which investments shall be reported to the court and be subject to its approval and confirmation. For purposes of descent, succession, reversion, or remainder, the real estate in which the money is reinvested has the same character and is governed by the same principles as the estate sold, and passes according to the terms of the deed, will, or other instrument creating the estate sold. The court also may authorize the investment of any such funds in securities, interest-bearing obligations, or contract or deposit accounts which are legal for the investment of funds held by testamentary trustees as provided by sections 2109.37, 2109.371, and 2109.372 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.28 | Trustees for Entailed Estates.

Effective:
September 9, 1957
Latest Legislation:
Senate Bill 33 - 102nd General Assembly
The court of common pleas shall appoint competent trustees to invest and manage the money referred to in section 5303.27 of the Revised Code. Such trustees, from time to time, must report to the court their proceedings and the condition of the fund. The court shall require of such trustees security for the faithful discharge of their duties, from time to time may require additional security, remove them for cause or reasonable apprehension thereof, accept the resignation of a trustee, and fill a vacancy by a new appointment.
Where a trustee has been appointed and qualified in a court of probate all money arising from the sale of an estate described in section 5303.21 or 5303.211 of the Revised Code and from the notes given for the purchase money shall be ordered by the court authorizing such sale to be delivered to said trustee to be invested as provided by section 5303.27 of the Revised Code and the investment and management of such money shall thereafter be under the exclusive jurisdiction of the court of probate.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.29 | Consolidation of Actions or Trusts.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Under the direction and approval of the court of common pleas, money arising from a sale of an estate described in section 5303.21 of the Revised Code, may be invested in bonds which are either a portion or the whole or an issue secured by a first mortgage or trust deed upon the real estate so sold, under such restrictions as the court prescribes, which investment must be reported to the court and be subject to its approval and confirmation. When parts of the same entailed estate have been or are sought to be sold in separate actions, the court may, before or after the sale in any action, or at any time during the continuance of the trusts, consolidate any two or more such actions or the trusts created thereunder. The court may make all orders and decrees necessary or proper to effect consolidation.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.30 | Income - Payment of Taxes and Expenses.

Effective:
October 1, 1953
Latest Legislation:
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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.31 | Estates May Be Leased.

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