reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.253 | Written Notice of Code Violations Prior to Entering Into Agreement for Transfer of Title to Property.

Effective:
August 16, 1978
Latest Legislation:
Senate Bill 249 - 112th General Assembly
(A) The owner of any property who has received written notice that the property is in violation of any building or housing code shall give the purchaser or grantee of the property written notice of the code violations prior to entering into an agreement for the transfer of title to the property, or if the owner does not enter into a written agreement for the transfer, prior to the filing for record of a deed to the property. Any notice or order of a court or of a housing or building authority of the state or a political subdivision that relates to a violation of the building or housing code of the state or any political subdivision and that appears on the public records of the issuing authority is notice to all subsequent purchasers, transferees, or any other persons who acquire any interest in the real property in which the violation exists and may be enforced against their interest in the real property without further notice or order to them.
(B) The transfer of title to, or any interest in, real property in which a housing or building code violation exists shall not be grounds for dismissal of charges in any court against a previous owner of the real property for failure to comply with a notice for correction of a housing or building code violation.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.255 | Memorandum of Trust Recording.

Effective:
April 29, 2022
Latest Legislation:
House Bill 93 - 134th General Assembly
(A) A memorandum of trust that satisfies both of the following may be presented for recordation in the office of the county recorder of any county in which real property that is subject to the trust is located:
(1) The memorandum shall be executed by the trustee of the trust and acknowledged by the trustee of the trust in accordance with section 5301.01 of the Revised Code.
(2) The memorandum shall state all of the following:
(a) The name and address of the trustee of the trust;
(b) The date of execution of the trust;
(c) The powers specified in the trust relative to the acquisition, sale, or encumbering of real property by the trustee or the conveyance of real property by the trustee, and any restrictions upon those powers.
(B) A memorandum of trust that satisfies divisions (A)(1) and (2) of this section also may set forth the substance or actual text of provisions of the trust that are not described in those divisions.
(C) A memorandum of trust that satisfies divisions (A)(1) and (2) of this section shall constitute notice only of the information contained in it.
(D) Upon the presentation for recordation of a memorandum of trust that satisfies divisions (A)(1) and (2) of this section and the payment of the requisite fee prescribed in section 317.32 of the Revised Code, a county recorder shall record the memorandum of trust in the official records described in division (A)(17) of section 317.08 of the Revised Code, if the memorandum of trust describes specific real property, or in the official records described in division (A)(23) of that section, if the memorandum of trust does not describe specific real property.
Last updated February 2, 2022 at 4:02 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.26 | Vendor's Lien.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
As between the vendor and vendee of land the vendor shall have a lien for so much of the purchase money as remains unpaid. Such lien shall not be effective as against a purchaser, mortgagee, judgment creditor, or other encumbrancer, unless there is a recital or a reservation of the lien in the deed, or in some instrument of record executed with the same formalities as are required for the execution of deeds and mortgages of land. The vendor waives his lien by taking a mortgage for any unpaid purchase money on the land conveyed or any part thereof, and the filing for record of such a mortgage with the county recorder of the county in which said land is located shall be constructive notice of the waiver of the vendor's lien.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.27 | Conditional Grants or Devises of Real Estate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When any lands are left encumbered, by a deed, will, or other instrument of record, with the payment of money, or the performance of any acts by the grantee or devisee, such grantee or devisee or his heirs or assigns, upon the payment of the money or the performance of the acts, may present the receipt of such payment, or the proof of the performance of such acts, to the probate court of the county in which such lands are situated. The court must enter such payments and the proof of the performance of such acts on its journal, record the receipts and the proof of the performance of such acts on the margin of the will record in which such encumbrances are created, and order that this be done in like manner on the margin of the deed record by the county recorder. Such lands will then be relieved from the encumbrances except for fraud.
No such record of receipts or orders may be made by the probate judge nor shall he enter proof of the performance of such acts until notice thereof has been given as is required by sections 2109.32 and 2109.33 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.28 | Release of Mortgage - Assignment.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
When the mortgagee of property within this state, or the party to whom the mortgage has been assigned, either by a separate instrument, or in writing on that mortgage, or on the margin of the record of the mortgage, which assignment, if in writing on the mortgage or on the margin of the record of the mortgage, need not be acknowledged, receives payment of any part of the money due the holder of the mortgage, and secured by the mortgage, and enters satisfaction or a receipt for the payment, either on the mortgage or its record, that satisfaction or receipt, when entered on the record, or copied on the record from the original mortgage by the county recorder, will release the mortgage to the extent of the receipt. In all cases when a mortgage has been assigned in writing on that mortgage, the recorder shall copy the assignment from the original mortgage upon the margin of the record of the mortgage before the satisfaction or receipt is entered upon the record of the mortgage.
In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the county recorder may require that all satisfactions of mortgages be made by separate instrument. The original instrument bearing the proper endorsement may be used as such a separate instrument. That separate instrument shall be recorded in the county recorder's official records. The county recorder shall charge the fee for the recording as provided by section 317.32 of the Revised Code for recording mortgages.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.29 | Releases of Mortgages Made Valid.

Effective:
November 9, 1959
Latest Legislation:
Senate Bill 86 - 103rd General Assembly
When any release, cancellation, or satisfaction of a mortgage of real estate has been of record for more than twenty-one years in the office of the county recorder of the county in which such real estate is situated, and the record thereof shows that there is a defect in such release, cancellation, or satisfaction, such release, cancellation, or satisfaction and the record thereof shall be cured of such defect, if such defect is due to any of the following:
(A) It purports to be signed by an agent or attorney of the mortgagee or a trustee, and no power of attorney or other evidence of authority so to release, cancel, or satisfy such mortgage is of record.
(B) It was signed by less than all of two or more executors, administrators, guardians, assignees in insolvency, or trustees.
(C) The record of such release, cancellation, or satisfaction is not attested by the recorder.
(D) The release, cancellation, or satisfaction by a corporation is executed by officers thereof without signing the name of the corporation thereto.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.291 | Mortgage Release, Cancellation, or Satisfaction Not Defective.

Effective:
September 20, 1984
Latest Legislation:
Senate Bill 304 - 115th General Assembly
No real estate mortgage release, cancellation, or satisfaction of record in the office of the county recorder of the county within this state in which such real estate is situated shall be deemed defective because:
(A) The executor, administrator, guardian, assignee, or trustee signed it individually instead of in his representative or official capacity.
(B) The release, cancellation, or satisfaction is by separate instrument, and the certificate of acknowledgment is not on the same sheet of paper as the release, cancellation, or satisfaction.
(C) A satisfaction was not recorded within ninety days as required by division (B) of section 5301.36 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.30 | Expiration of Mortgage Lien - Limitation.

Effective:
July 26, 1963
Latest Legislation:
House Bill 12 - 105th General Assembly
The record of any mortgage which remains unsatisfied or unreleased of record for more than twenty-one years after the date of the mortgage or twenty-one years after the stated maturity date of the principal sum, if a stated date of maturity is provided in the mortgage, whichever is later, secured as shown in the record of such mortgage, does not give notice to or put on inquiry any person dealing with the land described in such mortgage that such mortgage debt remains unpaid or has been extended or renewed. As to subsequent bona fide purchasers, mortgagees, and other persons dealing with such land for value, the lien of such mortgage has expired. The mortgage creditor may at any time refile in the county recorder's office the mortgage or a sworn copy thereof for record, together with an affidavit stating the amount remaining due thereon and the due date thereof, whether or not such date has been extended. Subject to the rights of bona fide purchasers, mortgagees, and other persons dealing with such land for value, whose rights were acquired or vested between such expiration and refiling, such refiling is constructive notice of such mortgage only for a period of twenty-one years after such refiling, or for twenty-one years after the stated maturity of the debt, whichever is the longer period.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.31 | Assignment or Partial Release in Margin of Original Record.

Effective:
February 1, 2002
Latest Legislation:
House Bill 279 - 124th General Assembly
Except in counties in which a separate instrument is required to assign or partially release a mortgage as described in section 5301.32 of the Revised Code, a mortgage may be assigned or partially released by the holder of the mortgage, by writing the assignment or partial release on the original mortgage or upon the margin of the record of the original mortgage and signing it. The assignment or partial release need not be acknowledged, but, if it is written upon the margin of the record of the original mortgage, the signing shall be attested by the county recorder. The assignment, whether it is upon the original mortgage, upon the margin of the record of the original mortgage, or by separate instrument, shall transfer not only the lien of the mortgage but also all interest in the land described in the mortgage. An assignment of a mortgage shall contain the then current mailing address of the assignee. The signature of a person on the assignment or partial release may be a facsimile of that person's signature. A facsimile of a signature on an assignment or partial release is equivalent to and constitutes the written signature of the person for all requirements regarding mortgage assignments or partial releases.
For entering an assignment or partial release of a mortgage upon the margin of the record of the original mortgage or for attesting it, the recorder shall be entitled to the fee provided by section 317.32 of the Revised Code for recording the assignment and satisfaction of mortgages.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.32 | Assignment or Partial Release by Separate Instrument.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
A mortgage may be assigned or partially released by a separate instrument of assignment or partial release, acknowledged as provided by section 5301.01 of the Revised Code. The separate instrument of assignment or partial release shall be recorded in the county recorder's official records. The county recorder shall be entitled to charge the fee for that recording as provided by section 317.32 of the Revised Code for recording deeds. The signature of a person on the assignment or partial release may be a facsimile of that person's signature. A facsimile of a signature on an assignment or partial release is equivalent to and constitutes the written signature of the person for all requirements regarding mortgage assignments or partial releases.
In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the county recorder may require that all assignments and partial releases of mortgages be by separate instruments. The original instrument bearing the proper endorsement may be used as the separate instrument.
An assignment of a mortgage shall contain the then current mailing address of the assignee.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.331 | Land Contract Cancellation, Partial Release, or Assignment.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
Except in counties where deeds or other instruments are required as provided in this section, a land contract that is recorded in the office of the county recorder may be cancelled, partially released by the vendor and vendee, or assigned by either of them by writing the cancellation, partial release, or assignment on the original land contract or upon the margin of the record of the original land contract, and by signing it. That cancellation, partial release, or assignment need not be acknowledged, but if written on the margin of the record, the signing shall be attested to by the county recorder. The assignment by the vendee, whether it is on the land contract or upon the margin of the record of that contract, or by separate instrument, shall transfer the right held by the vendee under the land contract in the premises described in the contract unless otherwise stated in the land contract or in the assignment. For copying the cancellation, partial release, or assignment upon the margin of the record, or for attesting it, if written upon the margin of the record, the county recorder shall charge the fee provided by section 317.32 of the Revised Code for recording the assignment and satisfaction of mortgages.
A land contract that is recorded in the office of the county recorder may also be cancelled, partially released, or assigned by deed or by other separate instrument, acknowledged as provided in section 5301.01 of the Revised Code. Unless in the form of a deed, a separate instrument of cancellation, partial release, or assignment shall be recorded in the county recorder's official records. The county recorder shall charge the fee for that record as provided for in section 317.32 of the Revised Code for record fees.
If a land contract has been cancelled, partially released, or assigned by deed or other separate instrument, and that deed or other separate instrument recites the county recorder's file number of the original land contract or the volume and page of the record in which the original land contract is recorded, the county recorder shall note on the margin of the original land contract the county recorder's file number of the deed or other separate instrument or the volume and page of the record in which the same is recorded.
"Vendor" and "vendee" as used in this section include an assignee of the interest of either. This section does not permit the assignment of any land contract if the assignment is prohibited by the terms of the land contract.
In a county where the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the county recorder may require that all cancellations, partial releases, and assignments of land contracts be by deed or other separate instrument. The original instrument bearing the proper endorsement may be used as such separate instrument.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.34 | Release of Mortgage on Certificate of Mortgagee or Assignee.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
A mortgage shall be discharged upon the record of the mortgage by the county recorder when there is presented to the county recorder a certificate executed by the mortgagee or the mortgagee's assigns, acknowledged as provided in section 5301.01 of the Revised Code, or when there is presented to the recorder a deed of release executed by the governor as provided in section 5301.19 of the Revised Code, certifying that the mortgage has been fully paid and satisfied. In addition to the discharge on the records by the county recorder, such certificate shall be recorded in the official records kept by the county recorder. The county recorder is entitled to the fees for such recording as provided by section 317.32 of the Revised Code for recording deeds.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.35 | Waiver of Priority of Mortgages - Execution and Recording - Fees.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
The priority of the lien of a mortgage may be waived to the extent specified by the holder of the lien in favor of any lien, mortgage, lease, easement, or other interest in the property covered by the mortgage, by writing the waiver of priority on the original mortgage and signing it, by writing the waiver of priority upon the margin of the record of that mortgage and signing it, or by a separate instrument acknowledged as provided by section 5301.01 of the Revised Code. That waiver, when recorded upon the margin of the record of the mortgage, or when recorded as a separate instrument, is constructive notice to all persons dealing with either the property described in that mortgage or the mortgage itself from the date of filing the waiver for record. The waiver, if written upon the mortgage or upon the margin of the record of the mortgage, need not be acknowledged, but if written upon the margin of the record, the signing shall be attested by the county recorder.
If the waiver of priority is by separate instrument, it shall be recorded in the official records of the county recorder. For the recording, the county recorder may charge the fee as provided by section 317.32 of the Revised Code for recording deeds. For entering any waiver of priority upon the margin of the record of the mortgage, or for attesting it, the county recorder is entitled to the fees for recording those waivers of priority that are charged for assignments or satisfactions of mortgages under section 317.32 of the Revised Code.
In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the county recorder may require that all waivers of priority of mortgages be made by separate instrument. The original instrument bearing the proper endorsement may be used as such separate instrument.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.361 | Unreleased Mortgages; Liability for Damages for Failure to Record.

Effective:
March 23, 2015
Latest Legislation:
House Bill 201 - 130th General Assembly
(A)(1) With respect to an unreleased commercial mortgage that has been satisfied more than ninety days prior to the effective date of this section, but not recorded, the mortgagee shall not be subject to a civil action or damages as described in division (C) of section 5301.36 of the Revised Code.
(2) The current owner of the real property to which such a mortgage pertains shall provide the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the effective date of this section and may recover damages in a civil action for failure to comply with division (D)(2) of that section pursuant to division (E) of that section.
(B)(1) With respect to an unreleased commercial mortgage that has been satisfied less than ninety days prior to the effective date of this section , but not recorded, the mortgagee shall not be subject to a civil action or damages as described in division (C) of section 5301.36 of the Revised Code.
(2) The current owner of the real property to which such a mortgage pertains shall provide the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the ninetieth day after the mortgage was satisfied and may recover damages in a civil action for failure to comply with division (D)(2) of that section pursuant to division (E) of that section.
(C)(1) With respect to an unreleased residential mortgage that has been satisfied, but not recorded, prior to the effective date of this section , the mortgagee shall be subject to a civil action or damages as described in division (C) of section 5301.36 of the Revised Code for failure to comply with division (B) of that section.
(2) If such a mortgage was satisfied more than ninety days prior to the effective date of this section , the current owner of the real property to which the mortgage pertains shall provide the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the effective date of this section and may recover damages in a civil action for failure to comply with division (D)(2) of that section pursuant to division (E) of that section. If such a mortgage was satisfied less than ninety days prior to the effective date of the section , the current owner shall provide the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the ninetieth day after the mortgage was satisfied and may recover damages in a civil action for failure to comply with division (D)(2) of that section pursuant to division (E) of that section.
(D) As used in this section, "mortgagee" has the same meaning as in section 5301.36 of the Revised Code.
Last updated November 23, 2021 at 4:02 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.37 | Recording of Separate Instruments.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever the county recorder in making photostatic or photographic records leaves no margin suitable for the entering or recording of assignments, cancellations, or further transactions relating to the instruments so recorded, or whenever such margin is completely filled with assignments, cancellations, or further transactions relating to the instruments so recorded, such transactions shall be effected by separate instruments executed and recorded according to law.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.38 | Record of Patents, Copies, and Exemplifications.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Patents for lands lying within this state, granted to any person by the president of the United States, and copies of such patents, certified under the official seal of the commissioner of the general land office of the United States, and exemplifications of the record of the general land office of any patent recorded there, may be recorded in the office of the county recorder of the county in which such lands, or a part thereof, are situated.
The recorder shall be paid the fees for recording such patents as provided in section 317.32 of the Revised Code for recording deeds.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.39 | When Court to Order Clerk to Make Entry on Record of Mortgage.

Effective:
December 17, 1973
Latest Legislation:
Senate Bill 341 - 110th General Assembly
The court in which proceedings are commenced, relative to a mortgage or other lien, change of title, or partition of lands, the final judgment, order, or decree in which is to release or declare such mortgage or other lien void, in whole or in part, or require the judicial sale of property included in the mortgage or other lien, in case of failure to pay the amount secured thereby, or when the title has been changed by judgment or decree, or partition made and confirmed between tenants in common, at the rendition of such final judgment, order, or decree, shall make the necessary order for the proper entry of a memorandum, release, or satisfaction, by the clerk of such court, on the record of such mortgage or other lien, and in cases of change of title or partition, for the record of so much of the decree in the records in the office of the county recorder, as is necessary to show such change of title or partition.
In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code and has elected to require a separate instrument for satisfactions and other actions affecting mortgages and other liens on real property, the court order for proper entry as referred to in this section, or certified copy thereof, may constitute the separate instrument and shall be recorded according to the type of action involved.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.40 | Mortgage or Lien Satisfied by Suit.

Effective:
January 1, 1993
Latest Legislation:
House Bill 405 - 119th General Assembly
When a mortgage or other lien is satisfied or declared void, in whole or in part, by a judgment, final order, or decree, the clerk of the court in which the proceedings are had shall enter upon the record of the mortgage or other lien, in the county recorder's office where it is recorded, a memorandum of the character of the proceedings, giving also the volume and page of the record where they are recorded.
The clerk may tax in the bill of costs the fees of the recorder provided by law for the entry of the memorandum, release, satisfaction, or record, including a fee to himself for making the entry as provided for in division (K) of section 2303.20 of the Revised Code, and the fees provided by law for official copies of records.
In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code and has elected to require a separate instrument for satisfactions of mortgages and other liens, the judgment, final order, or decree may constitute the separate instrument and shall be recorded as appropriate for the type of action involved.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.41 | Effect of Reversal of Judgment.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
If the final judgment, order, or decree referred to in section 5301.39 of the Revised Code, upon which the entry of release, satisfaction, change of title, or partition is based, or in which the order for release, satisfaction, or record is included, is reversed, vacated, or modified, such reversal, vacation, or modification, so far as it applies to such memorandum, release, or satisfaction of such mortgage or other lien, record of change of title, or partition, will vacate or modify the entry and record.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.42 | Effect of Entry by Clerk.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 5301.39 to 5301.41, inclusive, of the Revised Code do not give to any judgment, order, or decree an effect, by reason of the entry thereof in the county recorder's office, other than that which it would have had without such entry.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.43 | Certified Copy of Record of Instrument as Evidence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A copy of the record of a deed or other instrument of writing, certified by the county recorder with his official seal affixed thereto, shall be received in all courts and places within this state, as prima-facie evidence of the existence of such instrument, and as conclusive evidence of the existence of such record.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.44 | Certified Copy of Record in Action to Cure Defects.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a conveyance of real estate has been executed in which there is a mistake, defect, or omission in the description of the lands, execution, acknowledgment, or otherwise, and it has been recorded in the county recorder's office of the county where the lands are or were situated at the time of such record, the record or a certified copy thereof in an action to cure or supply such defect, mistake, or omission, or to compel the execution of a valid conveyance of such real estate, may be read in evidence, and shall be prima-facie evidence that such instrument was executed and existed as shown by such record.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.45 | Instrument Executed and Acknowledged Upon Different Sheets.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a deed, mortgage, lease, or other instrument of writing intended to convey or encumber an interest in real estate is not printed or written on a single sheet, or when the certificate of acknowledgment thereof is not printed or written on the same sheet with the instrument, and such defective conveyance is corrected by the judgment of a court, or by the voluntary act of the parties thereto, such judgment or act shall relate back so as to be operative from the time of filing the original conveyance in the county recorder's office.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.46 | Assignment, Release, or Cancellation of Interest Made by Separate Instrument to Contain Description.

Effective:
October 10, 1991
Latest Legislation:
House Bill 237 - 119th General Assembly
(A) As used in this section, "separate instrument" means an instrument other than the writing in which was created the interest in real property that is being assigned, released, or canceled.
(B) In any county that maintains sectional indexes pursuant to section 317.20 of the Revised Code, each assignment, release, or cancellation of an interest in real property that is made by a separate instrument shall contain a description of the real property that is subject to the interest sufficient to enable the county recorder to index the assignment, release, or cancellation correctly, and the description shall include all of the following:
(1) The permanent parcel number, if there is one, for the real property;
(2) The section, range, tract, subdivision, addition, lot, quarter, and municipal corporation, town, or township associated with the real property.
(C) If division (B) of this section requires a description of the subject real property to be contained in an assignment, release, or cancellation of an interest in real property that is made by a separate instrument, the omission in the assignment, release, or cancellation of any part of the description does not invalidate that instrument.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.47 | Marketable Title Definitions.

Effective:
September 29, 1961
Latest Legislation:
House Bill 81 - 104th General Assembly
As used in sections 5301.47 to 5301.56, inclusive, of the Revised Code:
(A) "Marketable record title" means a title of record, as indicated in section 5301.48 of the Revised Code, which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in section 5301.50 of the Revised Code.
(B) "Records" includes probate and other official public records, as well as records in the office of the recorder of the county in which all or part of the land is situate.
(C) "Recording," when applied to the official public records of the probate or other court, includes filing.
(D) "Person dealing with land" includes a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land contract vendee, or any other person seeking to acquire an estate or interest therein, or impose a lien thereon.
(E) "Root of title" means that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty years prior to the time when marketability is being determined. The effective date of the "root of title" is the date on which it is recorded.
(F) "Title transaction" means any transaction affecting title to any interest in land, including title by will or descent, title by tax deed, or by trustee's, assignee's, guardian's, executor's, administrator's, or sheriff's deed, or decree of any court, as well as warranty deed, quit claim deed, or mortgage.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.48 | Unbroken Chain of Title of Record.

Effective:
September 29, 1961
Latest Legislation:
House Bill 81 - 104th General Assembly
Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for forty years or more, has a marketable record title to such interest as defined in section 5301.47 of the Revised Code, subject to the matters stated in section 5301.49 of the Revised Code.
A person has such an unbroken chain of title when the official public records disclose a conveyance or other title transaction, of record not less than forty years at the time the marketability is to be determined, which said conveyance or other title transaction purports to create such interest, either in:
(A) The person claiming such interest; or
(B) Some other person from whom, by one or more conveyances or other title transactions of record, such purported interest has become vested in the person claiming such interest; with nothing appearing of record, in either case, purporting to divest such claimant of such purported interest.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.49 | Record Marketable Title.

Effective:
January 23, 1963
Latest Legislation:
House Bill 1 - 105th General Assembly
Such record marketable title shall be subject to:
(A) All interests and defects which are inherent in the muniments of which such chain of record title is formed; provided that a general reference in such muniments, or any of them, to easements, use restrictions, or other interests created prior to the root of title shall not be sufficient to preserve them, unless specific identification be made therein of a recorded title transaction which creates such easement, use restriction, or other interest; and provided that possibilities of reverter, and rights of entry or powers of termination for breach of condition subsequent, which interests are inherent in the muniments of which such chain of record title is formed and which have existed for forty years or more, shall be preserved and kept effective only in the manner provided in section 5301.51 of the Revised Code;
(B) All interests preserved by the filing of proper notice or by possession by the same owner continuously for a period of forty years or more, in accordance with section 5301.51 of the Revised Code;
(C) The rights of any person arising from a period of adverse possession or user, which was in whole or in part subsequent to the effective date of the root of title;
(D) Any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title or record is started; provided that such recording shall not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of section 5301.50 of the Revised Code;
(E) The exceptions stated in section 5301.53 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.50 | Interests Prior to Effective Date of Root of Title.

Effective:
September 29, 1961
Latest Legislation:
House Bill 81 - 104th General Assembly
Subject to the matters stated in section 5301.49 of the Revised Code, such record marketable title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims, or charges whatsoever, the existence of which depends upon any act, transaction, event, or omission that occurred prior to the effective date of the root of title. All such interests, claims, or charges, however denominated, whether legal or equitable, present or future, whether such interests, claims, or charges are asserted by a person sui juris or under a disability, whether such person is within or without the state, whether such person is natural or corporate, or is private or governmental, are hereby declared to be null and void.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.51 | Preservation of Interest in Land.

Effective:
May 31, 1988
Latest Legislation:
House Bill 502 - 117th General Assembly
(A) Any person claiming an interest in land may preserve and keep effective the interest by filing for record during the forty-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in compliance with section 5301.52 of the Revised Code. No disability or lack of knowledge of any kind on the part of anyone suspends the running of the forty-year period. The notice may be filed for record by the claimant or by any other person acting on behalf of any claimant who is:
(1) Under a disability;
(2) Unable to assert a claim on his own behalf; or
(3) One of a class, but whose identity cannot be established or is uncertain at the time of filing the notice of claim for record.
(B) If the same record owner of any possessory interest in land has been in possession of the land continuously for a period of forty years or more, during which period no title transaction with respect to such interest appears of record in his chain of title, and no notice has been filed by him on his behalf as provided in division (A) of this section, and such possession continues to the time when marketability is being determined, the period of possession is equivalent to the filing of the notice immediately preceding the termination of the forty-year period described in division (A) of this section.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.52 | Notice and Filing of Claim of Interest in Land.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
(A) To be effective and entitled to recording, the notice referred to in section 5301.51 of the Revised Code shall satisfy all of the following:
(1) Be in the form of an affidavit;
(2) State the nature of the claim to be preserved and the names and addresses of the persons for whose benefit the notice is being filed;
(3) Contain an accurate and full description of all land affected by the notice, which description shall be set forth in particular terms and not by general inclusions, except that if the claim is founded upon a recorded instrument, the description in the notice may be the same as that contained in such recorded instrument;
(4) State the name of each record owner of the land affected by the notice, at the time of its recording, together with the recording information of the instrument by which each record owner acquired title to the land;
(5) Be made by any person who has knowledge of the relevant facts or is competent to testify concerning them in court.
(B) The notice shall be filed for record in the office of the county recorder of the county or counties where the land described in it is situated. The county recorder of each county shall accept all such notices presented that describe land situated within the county, and shall enter and record them in the official records of that county, and shall index each notice in the direct index under the names of the claimants appearing in that notice and in the reverse index under the names of the record owners appearing in that notice. If the county recorder maintains indexes under section 317.20 of the Revised Code, the notices also shall be indexed under the description of the real estate involved. The county recorder shall charge the same fees for the recording of such notices as are charged for recording deeds.
(C) A notice prepared, executed, and recorded in conformity with the requirements of this section, or a certified copy of it, shall be accepted as evidence of the facts stated insofar as they affect title to the land affected by that notice.
(D) Any person who knowingly makes any false statement in a notice executed under this section is guilty of perjury under section 2921.11 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.53 | Certain Rights Not Barred or Extinguished.

Effective:
March 23, 1989
Latest Legislation:
Senate Bill 223 - 117th General Assembly
The provisions of sections 5301.47 to 5301.56 of the Revised Code shall not be applied to bar or extinguish any of the following:
(A) Any lessor or his successor as reversioner of his right to possession on the expiration of any lease, or any lessee or his successor of his rights in and to any lease, except as may be permitted under section 5301.56 of the Revised Code;
(B) Any easement or interest in the nature of an easement created or held for any railroad or public utility purpose;
(C) Any easement or interest in the nature of an easement, the existence of which is clearly observable by physical evidence of its use;
(D) Any easement or interest in the nature of an easement, or any rights granted, excepted, or reserved by the instrument creating such easement or interest, including any rights for future use, if the existence of such easement or interest is evidenced by the location beneath, upon, or above any part of the land described in such instrument of any pipe, valve, road, wire, cable, conduit, duct, sewer, track, pole, tower, or other physical facility and whether or not the existence of such facility is observable;
(E) Any right, title, estate, or interest in coal, and any mining or other rights pertinent to or exercisable in connection with any right, title, estate, or interest in coal;
(F) Any mortgage recorded in conformity with section 1701.66 of the Revised Code;
(G) Any right, title, or interest of the United States, of this state, or of any political subdivision, body politic, or agency of the United States or this state.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.54 | Effect of Changes.

Effective:
September 29, 1961
Latest Legislation:
House Bill 81 - 104th General Assembly
Nothing contained in sections 5301.47 to 5301.56, inclusive, of the Revised Code, shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as provided in sections 5301.47 to 5301.56, inclusive, of the Revised Code, to affect the operation of any statutes governing the effect of the recording or the failure to record any instrument affecting land.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.55 | Liberal Construction of Statutes.

Effective:
September 29, 1961
Latest Legislation:
House Bill 81 - 104th General Assembly
Sections 5301.47 to 5301.56, inclusive, of the Revised Code, shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in section 5301.48 of the Revised Code, subject only to such limitations as appear in section 5301.49 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.61 | Removal of Fixtures or Improvements From Mortgaged Realty.

Effective:
January 1, 1974
Latest Legislation:
House Bill 511 - 109th General Assembly
No person having an interest in real property, buyer, lessee, tenant, or occupant of real property, knowing that such real property is mortgaged or the subject of a land contract, shall remove, or cause or permit the removal of any improvement or fixture from such real property without the consent of the mortgagee, vendor under the land contract, or other person authorized to give such consent.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5301 | Conveyances; Encumbrances › Section 5301.63 | Solar Access Easement Requirements.

Effective:
August 14, 1979
Latest Legislation:
House Bill 154 - 113th General Assembly
For the purpose of ensuring adequate access of solar energy collection devices to sunlight, any person may grant a solar access easement. Such easements shall be in writing and shall be subject to the same conveyance and recording requirements as other easements.
Any instrument that grants a solar access easement shall include:
(A) A description of the real property burdened and benefited by the solar access easement;
(B) A description of the limits in heights, locations, or both, of permissible development on the burdened land in terms of structures, vegetation, or both, for the purpose of providing solar access for the benefited land;
(C) Any terms or conditions under which the solar access easement is granted or may be terminated;
(D) A term stating that the solar access easement runs with the land, unless terminated in accordance with the terms of the easement regarding termination, or unless otherwise agreed by the parties;
(E) Any other provisions necessary or desirable to execute the instrument.
The owner of the benefited land may prevent any obstruction of the solar access described in the solar access easement by any equitable remedy, and may maintain any action at law for any damages caused by any such obstruction.
Nothing in this section shall affect the status of any recorded easement to protect or ensure adequate access of solar energy collection devices to sunlight conveyed prior to the effective date of this section.