reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.66 | Optional Registration of Title to Land Sold in Partition or by Assignee or Administrator.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all suits to sell an estate in fee in the whole of unregistered land brought by an assignee or trustee for the benefit of creditors, commissioners of insolvents, receiver, master commissioner, administrator, executor, or other person appointed by a court, and in all suits to partition unregistered land held in fee, proper allegations and parties necessary to a decree for original registration of the title to said estate may be made in the petition, such allegations to be included in a separate cause of action. Such title, before any order of sale or partition is made or entered in the case, may, with the approval of the court in which such action is pending, be registered in the name of the person, living or dead, whose title is sought to be sold, or in the names of the tenants in common. If the legal title is in any such assignee, trustee, receiver, or other person appointed by a court, such title may be so registered and the purposes for which said legal title is held stated in the decree and certificate of title. Upon any such sale or partition and confirmation thereof the title may be transferred to and registered in the name of the purchasers or allottees as in other cases of judicial sales or partition of registered land. If such land is not sold the person entitled thereto may procure a transfer and certificate therefor to be made to him by application to and order of the probate court or the court of common pleas, made after hearing upon notice to all persons in interest to be given by the clerk of said court by registered mail or otherwise as the court directs. In any such suit where registration of title to land is prayed for all parties shall for all purposes of the case be brought before the court in the manner provided for in original registration. The court may for good cause shown, in any case provided for in this section, enter an order dispensing with registration or permit the withdrawal of the application to register.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.67 | Nonconformity Does Not Void Proceedings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No decree or order of sale or partition whether made before or after June 8, 1915, in any suit, action, or proceeding mentioned in section 5309.66 of the Revised Code, and no sale, conveyance, or partition, or decree confirming the same made in any such suit, action, or proceeding shall be void or affected in any way by want of conformity of such suit, action, or proceeding to such section.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.68 | Certificate of Title - Surrender - Withdrawal.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Any person owning real estate, the title to which is registered, may request the withdrawal of such real estate from registration by presenting to the county recorder an affidavit of intention to withdraw. The affidavit shall describe the real estate, shall be properly executed and signed, and shall have attached to it the owner's duplicate certificate of title. Thereupon the county recorder shall register or record the affidavit and, upon order of the court, cancel said certificate of record and record the court's order in the unregistered land official records. Thereafter, said title shall be considered the same as other unregistered lands. A registration certificate that has been surrendered as herein provided shall be recorded according to law, and thereafter the lands conveyed therein shall be considered the same as other unregistered lands.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.69 | Declaring Trusts Upon Registered Land - Negotiations.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Trusts may be declared upon registered land, or upon any interest therein, by deed or other instrument in writing, fully and clearly defining the trusts, conditions, and limitations, and the powers and duties of the trustee and giving his name, residence, and post-office address and the name, residence, and post-office address of each beneficiary. When such deed of trust or other instrument is filed with the county recorder, accompanied with the owner's duplicate certificate of title, if the recorder finds that the grantor had the right to make such grant, and the trustee had the right to receive it, and the instrument conforms to sections 5309.02 to 5310.21, inclusive, of the Revised Code, he shall register such instrument as other instruments are registered. The recorder shall enter on the registered and duplicate certificate of title, memorials of the terms, conditions and limitations of the trust, and also in plain letters the words "in trust," and record such deed of trust in the "record of trusts and exceptional estates" and note the volume and folium where such instrument is recorded. Thereafter no transfer, charge, or other dealing with the land, estate or interest, shall be registered, unless the opinion of the probate court or the court of common pleas, certified to the recorder, is first obtained, that such transfer or dealing is in accordance with the true intent and meaning of the trust. If the court has doubt as to the true intent and meaning of the trust, the court shall order an issue to be made up and all parties in interest notified, and the court shall hear and determine the matter and make an order in accordance with law.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.70 | Attachment of Rights of Dower and Homestead.

Effective:
September 28, 1979
Latest Legislation:
House Bill 674 - 113th General Assembly
Rights of dower and to an exemption under division (A)(1) of section 2329.66 of the Revised Code shall attach to registered land, subject to the limitations contained in sections 5309.02 to 5310.21 of the Revised Code, but unless it appears on the last registered certificate of title that such rights are so attached before any person has acquired an interest in the land in good faith and for a valuable consideration, the person shall not be prejudiced.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.71 | Proceedings in Eminent Domain.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When registered land, or any interest therein, is sought to be taken in the exercise of the right of eminent domain, notice of the proceedings with a pertinent description of the lands sought to be appropriated together with the name of the owner, shall be filed with the county recorder, and a memorial made on the last registered certificate of title of the lands sought to be appropriated.
No title to such lands shall pass until a certified copy of the order of appropriation made by the probate court or the court of common pleas, setting forth by whom, from whom, and the amount of land appropriated, with an accurate description and plat of such lands, and that the damages assessed have been paid or secured to be paid, is filed with the recorder under the seal of the court. When such order, description, and plat are filed, the recorder shall note on the last registered certificate of title of the owner whose lands have been appropriated, the amount appropriated, in exact terms, and shall register in the name of the person, corporation, or other body entitled thereto, the title of the land taken, and issue a certificate therefor. If land which was taken for a public use reverts by operation of law to the owner from whom it was taken, or to his heirs or asigns, the court upon petition of the person entitled to the benefit of the reversion, after notice and a hearing, may order the entry of a new certificate of title to him.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.72 | Proceedings by Adverse Claimant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any person asserting any interest, claim, or lien, not shown upon the register, in or against registered land adverse to the title of any registered owner, when no provision is made by sections 5309.02 to 5310.21, inclusive, of the Revised Code, for registering such interest, claim, or lien in the county recorder's office, may make affidavit thereto, setting forth his interest, right, title, claim, lien, charge, or demand, and how and under whom derived, and the character and nature thereof. The affiant shall state his full name, place of residence, and post-office address and shall designate a place within the state at which all notices relating thereto may be served upon him. If the affiant is a nonresident of the state, such affiant shall state the name, residence, and post-office address of some person residing within the state upon whom service may be made as his agent, and by which service he will be bound the same as if such service is made upon him within the state. When such affidavit is filed in the recorder's office, the recorder shall enter forthwith a memorial thereof, upon the registered certificate of title, stating the exact time when said affidavit was filed and the purport and nature thereof.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.73 | Notice by Claimant to Registered Owner.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all cases provided for in section 5309.72 of the Revised Code the claimant shall, within ten days after filing an affidavit described in such section, notify the registered owner by registered letter with five days' return card thereon, directed to such owner's registered address, of the filing of such affidavit and claim and make proof thereof to the satisfaction of the county recorder. Every claimant failing to serve such notice within said ten days, or to make proof of such notice within thirty days after such filing, releases said claim and waives his right to have such claim appear upon the register, and the recorder shall cancel it.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.74 | Power of Attorney Must Be Filed With County Recorder - Revocation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before any person can convey, transfer, charge, or deal with any registered land, or any interest therein, as an attorney in fact for another, the deed or instrument empowering such person to so act shall be filed with the county recorder, and a memorial thereof entered upon the registered certificate of title giving the exact time of the filing. Such power of attorney may be revoked by revocation in writing, but such revocation shall not take effect until it is filed with the recorder and noted as a memorial on the register of title. Death shall not effect a revocation of such power of attorney until notice of the death is filed with the recorder and entered on the certificate of title.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.75 | Statements in Instrument Constituting a Person an Attorney in Fact.

Effective:
February 1, 2002
Latest Legislation:
House Bill 279 - 124th General Assembly
The deed or instrument constituting a person an attorney in fact shall contain:
(A) The full name of the party appointing, and of the person appointed, and the residence and post-office address of each;
(B) The number of the outstanding certificate of title, and the volume and folium of the register;
(C) A description of the land that shall be the same as given in the certificate of title;
(D) A brief statement of the powers conferred upon the attorney in fact.
That deed or instrument shall be signed by the person making it and acknowledged as provided in section 5301.01 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.76 | Alterations or Erasures Not Permitted - Exceptions.

Effective:
March 30, 1999
Latest Legislation:
Senate Bill 83 - 122nd General Assembly
(A) After a title is registered and a certificate of title is issued for the registered land or after a memorandum, notation, or memorial is made on the register of titles and attested, no alteration or erasure shall be made in the register except in the manner provided in this section and as required by section 5309.281 of the Revised Code.
(B) A person whose name changes after the issuing of a registered certificate of title, who is registered as married but whose marriage has terminated, or whose name by mistake is wrongly stated in a registered certificate of title, upon satisfying the county recorder of the facts, shall surrender that person's duplicate certificate of title and take out a new certificate of title in that person's correct or changed name. The recorder shall enter and attest on the register of titles a memorandum of that change or correction and its date. This division applies to every person holding a registered interest in or upon land, and no transfer or assignment shall be registered until a change or correction described in this division is made.
(C) When it appears that there is an error or omission in any certificate of title, memorandum, or memorial, that any memorandum or memorial was made, entered, and endorsed or any certificate of title was entered or issued by mistake, or that any certificate of title, memorandum, or memorial by mistake or otherwise was improperly canceled or improperly removed from the register of titles, the county recorder, on the recorder's own motion or upon the application of any interested person, may summon all persons registered as interested in the lands to which the certificate of title, memorandum, or memorial relates to appear at an appointed time and to produce their certificates of title or registered instruments. If, at the appointed time, the recorder finds an error, omission, mistake, improper cancellation, or improper removal as described in this division and that no rights of bona fide purchasers or lienholders for value have intervened by which their estate or interest will be impaired by the correction of the error, omission, or mistake or by the restoration to the register of any improperly canceled or improperly removed certificate of title, memorandum, or memorial, the recorder shall correct the error or mistake, supply the omission, correct the cancellation of the certificate of title, memorandum, or memorial, or restore to the register the improperly removed certificate of title, memorandum, or memorial, provided that, in correcting any error or mistake, the original words shall not be erased or rendered illegible. The recorder shall attest the corrections and restorations by affixing the recorder's initials or name and the date of the corrections or restorations.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.77 | Effect of Instruments Dealing With Registered Land.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A deed, mortgage, lease or other instrument purporting to convey, transfer, mortgage, lease, charge, or otherwise deal with registered land, or any interest therein, or charge upon such land, other than a will, or a lease for a term not exceeding three years when the land is in the actual possession of the lessee or his assigns, shall take effect only as a contract between the parties thereto and as authority to the county recorder to register the transfer, mortgage, lease, charge, or other dealing upon compliance with sections 5309.02 to 5310.21, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.78 | Application for Continuation and Certification of Duplicate Certificate of Title.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The holder of a duplicate certificate of title may at any time present such duplicate certificate to the county recorder and request him to continue such duplicate certificate to date and enter thereon all memorials and notations on the registered certificate of title, not appearing on such duplicate certificate, and also enter references to all instruments filed and noted, but not yet entered as memorials on the registered certificate of title. Thereupon the recorder shall make and certify such entries giving the minute, hour, day, and year of such certification. At the time of making application for such continuation and certification of a duplicate certificate of title, the registered owner may file with the recorder an affidavit that said application is made in good faith for the purpose of closing up a bona fide transfer or encumbrance of the land or some part thereof described in such duplicate certificate, naming the proposed transferee or encumbrancer, and thereupon the recorder shall note upon the registered certificate and also upon the duplicate certificate of title a stay of registration for the period of twenty-four hours of all instruments and papers affecting said land other than those relating to, or connected with such proposed transfer or encumbrance. All such other instruments and papers so filed within said twenty-four hours shall be registered after and subordinate to such instruments relating to, or connected with such proposed transfer or encumbrance provided the latter are filed within said twenty-four hours.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.79 | References Required in Instruments Transferring Title or Creating or Discharging Liens.

Effective:
June 19, 1974
Latest Legislation:
House Bill 682 - 110th General Assembly
Every voluntary instrument intended to be used in transferring any title or estate in registered land, or in creating any lien or charge thereon, or assigning, releasing, or discharging any lien or charge, in whole or in part, and every certificate or other paper filed with the county recorder for the purpose of acquiring or creating an involuntary lien, interest, or charge upon registered land, shall at least refer by number to the certificate of title covering such land or containing a memorial of such interest, lien, or charge. Such reference shall be contained in the body of all voluntary instruments, and in the case of such certificate or papers so filed to acquire involuntary interests, liens, or charges, such reference shall be either in the body of such certificate or papers or indorsed thereon and the indorsement shall be signed by the proper officer or a person in interest. Each of such instruments referred to in the preceding sentence shall also have the words "REGISTERED LAND" conspicuously typed or printed in capital letters on the reverse side of the last page of the instrument, which page is also known as the caption page or the backing of the instrument. If only a part of the land covered by such certificate of title is sought to be affected, and accurate description of such part enabling it to be definitely located and platted shall be given in such voluntary instrument, or in or upon such certificate or paper so filed, in addition to such reference to the certificate of title by number.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.80 | Statements or Indorsements Contained in Instruments Presented for Registration.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every deed or other voluntary instrument which is presented for registration, and every instrument or paper filed with the county recorder by any person or officer under sections 5309.02 to 5310.21, inclusive, of the Revised Code, or any amendment thereof, for the purpose of acquiring or affecting in any way an involuntary interest in, or lien or charge upon registered land, shall contain or have indorsed upon it the full name, county of residence, and post-office address of the grantee or other person who acquires, or claims, or is seeking to acquire or claim, an interest under such instrument, or to affect thereby some estate or interest in, or lien or charge upon said registered land. Every deed shall state whether the grantor and also the grantee are married or unmarried, and if married, the name in full of the husband or wife.
Any change in the residence or post-office address of any such person shall, by sworn statement of the party or his authorized agent or attorney, immediately be filed with the recorder, who shall indorse such sworn change on the original instrument and on the record thereof if recorded. The names, residences, and addresses of all such persons, and all sworn changes thereof, shall also be entered on all certificates of title in the register.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.82 | Notice to Registered Owner Upon the Filing of Instruments.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When any voluntary instrument of transfer, encumbrance, assignment, release, or satisfaction is filed, the county recorder shall at once give notice of such filing to the registered owner or holder by letter mailed to his registered address, unless such registered owner or holder is personally present at the time of such filing. When any paper for the purpose of acquiring an involuntary lien, charge, or interest on, or in registered land is filed, the recorder shall at once give like notice to the registered owner.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.83 | Notice of Appeal - Petition, Bond, and Transcript.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any person feeling himself aggrieved by the action, finding, or decision of the county recorder, or by his refusal to act, in any matter pertaining to the first registration of land, or any subsequent transfer, or charge, lien, interest, or estate in or upon such land, or by the recorder's filing, failing, neglecting, or refusing to file any instrument, or entering or canceling or failing, neglecting, or refusing to enter or cancel any memorial or notation, or by his wrongfully doing, or by his failing, neglecting, or refusing to do any other thing required of him by sections 5309.02 to 5310.21, inclusive, of the Revised Code, may, within three days thereafter, file with the recorder a written notice of intention to appeal, and shall, within ten days thereafter, file in the court of common pleas a petition setting forth the matter complained of and making the recorder and other persons whose interest may be affected, parties defendant, who shall be notified by summons or other process as provided by law in civil actions, or by registered mail and other process as provided in cases of original registration. Such person shall also file with his petition a bond with sureties to the approval of the clerk of the court of common pleas in such sum as may be fixed by a judge of said court or of the probate court conditioned for the due prosecution of such proceeding and payment of all costs and of all damages which any person in interest may suffer if the judgment of the court should be against the appellant. The recorder shall forthwith after the filing of such bond, file with such clerk a statement or transcript of the things the recorder has done in the matter complained of in the petition. The court shall proceed therein as in other cases and make such order or decree as is according to law and equity in the premises and sections 5309.02 to 5310.21, inclusive of the Revised Code. The clerk of the court making such order shall under the seal of the court, make and deliver a certified copy thereof to the recorder who shall file and make entry of such order and other wise act in pursuance of and according to the terms of such order Such order shall be final.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.84 | Right to Appeal on Questions of Law and Fact or on Questions of Law to Court of Appeals.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
Except as otherwise provided in this chapter or Chapter 5310. of the Revised Code, the parties agrieved by the final order, judgment, or decree of the probate court or the court of common pleas provided for in any matters, proceedings, suits, or actions under those chapters, may appeal on questions of law to the court of appeals pursuant to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.85 | Burdens and Incidents of Registered Land.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Registered land, and ownership therein, except as otherwise provided in sections 5309.02 to 5310.21, inclusive, of the Revised Code, shall in all respects be subject to the same burdens and incidents which attach by law to unregistered land. Such sections shall not relieve registered land or the owners thereof from any rights incident to the relation of husband or wife, or from liability to attachment or mesne process or levy, on execution, or from liability to any lien of any description established by law on land and the buildings thereon, or the interest of the owner in such land or buildings, or change the laws of descent, or the rights of partition between co-tenants, or the rights to take such land or buildings by eminent domain, or relieve such land from liability to be recovered by an assignee in insolvency under the laws relative to preferences, or change or affect in any way any other rights or liabilities created by law and applicable to unregistered land, except as otherwise expressly provided in sections 5309.02 to 5310.21, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.86 | Signature of County Recorder on Paper and Electronic Instruments.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Every memorial, notation, or cancellation of such memorial or notation, made on any certificate of title or duplicate thereof that is kept by paper means shall be signed by the county recorder or the recorder's authorized deputy or clerk.
(B) If a county recorder maintains registered land records by nonpaper means in the manner authorized by section 5309.031 of the Revised Code, the signature and seal of the county recorder or the recorder's authorized deputy or clerk may be reproduced by electronic facsimile on a certificate of title or duplicate thereof. Any prior memorial, notation, or cancellation of such memorial or notation on a certificate of title or duplicate thereof shall note only the name of the prior recorder and need not be signed by the county recorder or the recorder's authorized deputy or clerk.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.87 | Mistakes.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No petition, order, affidavit, certificate, registration, or other proceeding under sections 5309.02 to 5310.21, inclusive, of the Revised Code, shall be invalid by reason of any informality, mistake, or technical irregularity therein not affecting the substantial justice of the proceedings, or the substantial rights of any party in interest.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.88 | Death of Maker Before Registration.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If any person, whether grantor, grantee, mortgagor, mortgagee, lessor, lessee, or other person in interest, dies after the execution of any instrument affecting land and before registration thereof, the registration of such instrument may be proceeded with in accordance with sections 5309.02 to 5310.21, inclusive, of the Revised Code, and shall be valid notwithstanding such death.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.89 | Title by Prescription or Adverse Possession.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No title to registered real property in derogation of that of the registered owner shall be acquired by prescription or adverse possession.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.91 | Enforcement of Charges.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All charges upon registered land, or any interest in such land may be enforced as provided by law, except as provided by sections 5309.02 to 5310.21, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.92 | Transfers.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
Voluntary transfer or encumbrance of a registered estate or any interest therein shall be made only as prescribed by sections 5309.02 to 5310.21 of the Revised Code, and by entry on the register of land titles. No estate, legal or equitable, in registered land, shall pass by a mere assignment or delivery of a duplicate certificate of title or other instrument.
This section does not apply upon implementation of a resolution of abolition under section 5310.38 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.93 | Effective Liens.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No statutory or other lien except taxes and assessments, lawfully levied, and liens, claims, or rights arising or existing under the laws or constitution of the United States prior to October 4, 1933, shall affect the title to registered land, until after such lien is noted upon the registered certificate of title.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.94 | Serving and Waiver of Notices.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All notices required under sections 5309.02 to 5310.21, inclusive, of the Revised Code, shall be served in the same manner as required by law for service of summons or like notices.
In any suit or proceeding for registering land, or any interest therein, or lien thereon, or in relation to registered land, or any interest in, or lien or charge on such registered land, parties may waive notice and enter appearance as in civil actions and in all such cases service of notice may be dispensed with.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.95 | Materials Furnished by Board of County Commissioners.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO53 - 125th General Assembly
All books, blanks, papers, and other things necessary for administering this chapter and Chapter 5310. of the Revised Code, including, but not limited to, equipment, machines, and materials related to the registered land functions of a county recorder and the maintenance of registered land records by nonpaper means under division (A) of section 5309.031 of the Revised Code, shall be furnished by the board of county commissioners.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.96 | Instruments Shall Not Be Taken From Office - Copies.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO53 - 125th General Assembly
No record, instrument, paper, or other document required by this chapter or Chapter 5310. of the Revised Code to be filed or kept in the office of the county recorder, including, but not limited to, any registered land record maintained by nonpaper means under division (A) of section 5309.031 of the Revised Code, shall be taken or otherwise caused to be removed from the recorder's office except by a subpoena duces tecum issued for and served upon the recorder by a court of record. When any record, instrument, paper, or other document is registered, the recorder, on demand and the tendering of the proper fee for it, shall deliver to any person a copy of the record, instrument, paper, or other document with, when applicable, all memoranda, memorials, and notations on it, certified under the recorder's hand and seal of office. The recorder shall endorse, in writing, across the face of all such copies, in red ink, "copy; no rights conveyed hereby."
Every copy of original records, instruments, papers, or other documents, certified as provided in this section, shall be received in all cases in place of the original record, instrument, paper, or other document and shall have the same effect in evidence as the original record, instrument, paper, or other document.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.98 | Rules of Practice and Procedure.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO53 - 125th General Assembly
Except for registered land records maintained by nonpaper means under division (A) of section 5309.031 of the Revised Code, which shall be governed by the rules adopted under division (C) of that section, the court of appeals in any appellate district may prescribe rules of practice and procedure for the guidance of each county recorder, and the conduct of proceedings in the probate courts or courts of common pleas, within the district, in any matter arising under this chapter or Chapter 5310. of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.01 | Acceptance of Fees and Employment by County Recorder Prohibited.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No county recorder or deputy, while in office, shall directly or indirectly accept any employment, or be interested in fees arising from such employment, as attorney, agent, or otherwise, from an applicant to register land, or other person connected with or concerned in the registration of land, or any lien, or charge thereon, or other matter in any way connected with the registration of land.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.02 | Priority of Persons Entering Claims on Registered Certificate of Title.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every transferee, mortgagee, lessee, and encumbrancer of registered land or any part thereof, or any interest therein, holds his title or lien subject to the interests and estates, mortgages, encumbrances, and all liens and memorials which have been entered upon the registered certificate of title prior to such transfer of the land or mortgage, lease, or encumbrance thereof, unless it is expressly otherwise provided in the instrument of transfer, mortgage, lease, or encumbrance.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.03 | Certificates of Title and Copies Shall Be Received in Evidence.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO53 - 125th General Assembly
The original certificate of title in the register of titles, any copy of it certified under the signature of the county recorder, and the owner's duplicate of the original certificate of title shall be received as evidence in all the courts of the state and shall be conclusive as to all matters contained in it, except as provided in this chapter or Chapter 5309. of the Revised Code. All subsequent certificates of title and memorials on them shall be conclusive in favor of bona fide owners and holders except subsequent certificates and memorials on them procured by forgery.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.04 | Powers of Courts.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The county recorder and the probate court and the court of common pleas on the application of any party in interest, in any matter, suit, or proceeding in any way relating to registered land, or to any estate or interest therein, or lien or charge thereon, may compel by punishment as for a contempt the production and delivery to said recorder or courts of any duplicate or owner's certificate of title, duplicate or original mortgage, lease, or other paper pertaining to such land, or any estate therein, or lien or charge thereon. Said recorder and courts may by like means compel the release and discharge by the proper party of any lien or charge upon such land, or any part thereof, and may compel the performance of any act or thing required by sections 5309.02 to 5310.21, inclusive, of the Revised Code to be performed by any person.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.05 | Assurance Fund Rate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the original registration of land, the clerk of the probate court or the clerk of the court of common pleas shall be paid one-tenth of one per cent of the assessed value of the land, on the basis of the last assessment for general taxation, for the purposes of an assurance fund.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.06 | Monthly Payments of Money to Treasurer of State - Investment of Funds.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All money received by the clerk of the probate court or the clerk of the court of common pleas under section 5310.05 of the Revised Code shall be paid at least once a month to the treasurer of state, who shall, with the advice and approval of the secretary of state and the auditor of state, invest, reinvest, and keep invested such funds in bonds and securities of the United States, or of this state, or of any county, township, district, or municipal corporation of this state, or in approved mortgages on incomeproducing lands that are registered, provided that no loan shall be made by mortgage on any land which is not assessed, at the latest general assessment, for at least twice the amount of the loan, exclusive of improvements.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.07 | Right of Action by Registered Owners for Loss or Damage by Fraud, Mistake, or Error.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO53 - 125th General Assembly
A person who, without negligence on the person's part, sustains loss or damage or is deprived of land or of any interest in land, after the original registration of land, by the registration of another person as owner of the land or of any interest in the land, through fraud, or in consequence of any error, omission, mistake, or misdescription in any certificate of title or in any entry or memorandum in the register of titles, may bring an action in the court of common pleas of the county in which the land is situated against the treasurer of state for the recovery of compensation for that loss or damage, or for that land or interest in land, from the assurance fund. If the person who is deprived of land or of any interest in land in the manner stated in this section has a right of action or another remedy for the recovery of the land or the interest in land, the person shall exhaust that remedy before resorting to the action of contract provided in this section. This section does not deprive the plaintiff of any action in tort that the plaintiff may have against any person for the loss or damage or the deprivation of any land or of any interest in land.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.08 | Against Whom Actions Shall Be Brought.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the action provided for in section 5310.07 of the Revised Code is brought to recover for loss or damage, or for deprivation of land or of any interest therein which arises wholly through any actionable fraud, negligence, omission, mistake, or misfeasance of the county recorder or his deputies, or of any examiner of titles, in the performance of executive or ministerial duties, or of any of the assistants or clerks of the recorder, in the performance of their respective duties, the action shall be brought against the treasurer of state and such officers and the sureties on their bonds as are within the jurisdiction of the court of common pleas as defendants. If such action is brought to recover for loss or damage, or deprivation of land, or of any interest therein which arises wholly through any actionable fraud, negligence, omission, mistake, or misfeasance of some person other than the recorder or his deputies, or the other officers and their deputies or assistants named in this section, or which arises jointly through the actionable fraud, negligence, omission, mistake, or misfeasance of such other person and the recorder, deputy recorder, or other officers and assistants named in this section, such action shall be brought against both the treasurer of state and such officers and their sureties, and such other persons only, as are within the jurisdiction of the court.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.09 | Amount of Damages Shall Be Paid From Assurance Fund.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all actions provided for in section 5310.07 of the Revised Code in which there are defendants other than the treasurer of state, and damages have been recovered, no final judgment may be entered against the treasurer of state until execution against the other defendants is returned unsatisfied in whole or in part, and the officer returning the execution certifies that the amount still due upon the execution cannot be collected except by application to the indemnity fund. Thereupon, the court of common pleas, being satisfied as to the truth of such return, shall order final judgment against the treasurer of state for the amount of the execution and costs, or so much thereof as remains unpaid. The treasurer of state shall upon such order of the court and final judgment, pay the amount of such judgment out of the assurance fund.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.10 | Attorney General Shall Defend Actions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The attorney general shall appear and defend all actions provided for in section 5310.07 of the Revised Code. If the funds in the assurance fund at any time are insufficient to pay any judgment in full, the balance unpaid shall draw interest at the legal rate of interest, and be paid with such interest out of the first funds coming into the fund.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.11 | Assurance Fund Not Liable for Loss or Damage Occasioned by Breach of Trust.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The assurance fund provided for in section 5310.05 of the Revised Code shall not be liable in any action to pay for any loss, damage, or deprivation occasioned by a breach of trust, whether express, implied, or constructive, by any registered owner who is a trustee.
Final judgment shall not be entered against the treasurer of state in any action to recover from the assurance fund more than the fair market value of the real estate at the time the plaintiff suffered the loss, damage, or deprivation thereof.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.12 | Limitation of Actions.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
As used in this section, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
No action or proceeding for compensation from the assurance fund provided for in section 5310.05 of the Revised Code for, or by reason of, any deprivation, loss, or damage shall be made, brought or taken, except within a period of six years from the time when the right to bring such action or proceeding first accrued. If at the time when such right of action first accrues the person entitled to bring such action or take such proceedings is within the age of eighteen years, an incompetent person, imprisoned, or absent from the United States in the service of the United States or of this state, such person or anyone claiming from, by, or under the person, may bring the action at any time within two years after such disability is removed.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.13 | Subrogation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In every case in which payment has been made from the assurance fund provided for in section 5310.05 of the Revised Code by the treasurer of state, the state shall be subrogated to all rights of the plaintiff against any other parties or securities, and the treasurer of state and attorney general shall enforce such rights in behalf of the state. Amounts so recovered by the state shall be paid into the treasury of the state to the account of the assurance fund.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.14 | Application of Income of Assurance Fund.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The income of the assurance fund provided for in section 5310.05 of the Revised Code shall be added to the principal and invested, until such fund amounts to three hundred thousand dollars, and thereafter the income of such fund shall be used to defray the expense of the administration of sections 5309.02 to 5310.21, inclusive, of the Revised Code, instead of being added to the fund and accumulated.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.16 | Conviction No Bar to Civil Action.

Effective:
May 25, 1976
Latest Legislation:
House Bill 837 - 111th General Assembly
No proceedings or conviction for any crime relating to the administration of Chapters 5309. and 5310. of the Revised Code, shall affect any remedy which any person aggrieved or injured by such act has at law or in equity against the person who has committed such act, or against his estate , or against the county recorder, or examiner of titles, or the sureties on their official bonds.