Ohio Revised Code Chapter 5301 - Conveyances; Encumbrances

• Section 5301.01 - Acknowledgment Of Deed, Mortgage, Land Contract, Lease Or Memorandum Of Trust.
  (A) A deed, mortgage, land contract as referred to in division (A) (21) of section 317.08 of the Revised Code, or lease of any...
• Section 5301.011 - Recorded Instrument To Contain Volume And Page Reference.
  A recorded grant, reservation, or agreement creating an easement or a recorded lease of any interest in real property shall contain a reference by...
• Section 5301.012 - Identification Of Agency For Whose Use And Benefit Interest In Real Property Is Acquired.
  (A) As used in this section, "agency" means every organized body, office, or agency established by the laws of the state for the exercise...
• Section 5301.02 - Words Necessary To Create A Fee Simple Estate.
  The use of terms of inheritance or succession are not necessary to create a fee simple estate, and every grant, conveyance, or mortgage of...
• Section 5301.03 - Grantee As Trustee Or Agent.
  "Trustees," "as trustee," or "agent," or words of similar import, following the name of the grantee in any deed of conveyance or mortgage of...
• Section 5301.04 - Deed, Mortgage, Or Lease Of A Married Person.
  A deed, mortgage, or lease of any interest of a married person in real property shall be signed, acknowledged, and certified as provided in...
• Section 5301.05 - [Repealed].
  Effective Date: 05-31-1988
• Section 5301.057 - Transfer Fee Covenant.
  (A) As used in this section: (1) "Environmental covenant" means (a) A servitude that imposes activity and use limitations on real property and meets...
• Section 5301.06 - Instruments Executed According To Law Of Place Where Made.
  All deeds, mortgages, powers of attorney, and other instruments of writing for the conveyance or encumbrance of lands, tenements, or hereditaments situated within this...
• Section 5301.07 - Validating Certain Deeds - Limitations.
  When any instrument conveying real estate, or any interest therein, is of record for more than twenty-one years in the office of the county...
• Section 5301.071 - Validity Of Instruments Not Affected By Certain Actions Or Omissions.
  No instrument conveying real property, or any interest in real property, and of record in the office of the county recorder of the county...
• Section 5301.072 - Deed Restrictions Prohibiting Placement Of Flag Unenforceable.
  (A) No covenant, condition, or restriction set forth in a deed, and no rule, regulation, bylaw, or other governing document or agreement of a...
• Section 5301.08 - Certain Leases Unaffected.
  Sections 5301.01 to 5301.45 of the Revised Code do not affect the validity of any lease of lands appropriated by congress for the support...
• Section 5301.09 - Recording Lease Of Natural Gas And Petroleum.
  In recognition that such leases and licenses create an interest in real estate, all leases, licenses, and assignments thereof, or of any interest therein,...
• Section 5301.10 - Parties Defendant In Suits To Cancel Leases.
  The plaintiff in an action to cancel a lease or license mentioned in section 5301.09 of the Revised Code, or in any way involving...
• Section 5301.11 - Effect Of Destruction Of Building Upon Lessee.
  The lessee of a building which, without fault or neglect on his part, is destroyed or so injured as to be unfit for occupancy,...
• Section 5301.12 - Purchaser At Tax Sale.
  When real estate is sold at tax sale, and the purchaser has received a deed therefor, and it has been placed upon the tax...
• Section 5301.13 - Mode Of Conveyance By State.
  All conveyances of real estate, or any interest therein, sold on behalf of the state, with the exception of those agreements made pursuant to...
• Section 5301.14 - Copy Of Record Of Lost Deed To Be Evidence.
  When a title deed, recorded by the auditor of state as required by section 5301.13 of the Revised Code, or recorded in the office...
• Section 5301.15 - Governor May Execute New Deed To Supply Lost Conveyance.
  When a deed executed for land purchase from the state is lost or destroyed, or when a person who has an interest in such...
• Section 5301.16 - Execution Of Conveyance By State When Purchaser Dies Before Deed Made.
  When the purchaser of land from the state dies before a deed is made, and the lands pass to another by descent or devise,...
• Section 5301.17 - New Deed From State To Correct Errors.
  When, from satisfactory evidence, it appears to the governor and attorney general that an error has occurred in a deed executed and delivered in...
• Section 5301.18 - Deeds From State Must Recite Facts.
  All deeds executed under sections 5301.15, 5301.16, and 5301.17 of the Revised Code must recite the facts, as ascertained by the governor and attorney...
• Section 5301.19 - Release Of Mortgage To The State.
  When lands or tenements are mortgaged to the state to secure the payment of money due the state, and the money so secured, together...
• Section 5301.20 - Reversion To Owner Of Land Conveyed To State.
  When a conveyance of lands or tenements made to the state contains a condition that the real estate so conveyed shall revert to the...
• Section 5301.21 - Adjoining Owners May Fix Corner Or Line.
  When the owners of adjoining tracts of land, or of lots in a municipal corporation, agree upon the site of a corner or line...
• Section 5301.22 - Effect Of Agreement With A Guardian.
  As used in this section, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness...
• Section 5301.23 - Mortgage Effective Dates.
  (A) All properly executed mortgages shall be recorded in the office of the county recorder of the county in which the mortgaged premises are...
• Section 5301.231 - Effective Dates Of Amendments, Supplements, Modifications Or Extensions Of Mortgages, Or Of Debt Secured By Mortgages,.
  (A) All amendments or supplements of mortgages, or modifications or extensions of mortgages or of the debt secured by mortgages, that have been executed...
• Section 5301.232 - Open-end Mortgages.
  (A) Whether or not it secures any other debt or obligation, a mortgage may secure unpaid balances of loan advances made after the mortgage...
• Section 5301.233 - Mortgage May Secure Unpaid Balances Of Advances Made.
  In addition to any other debt or obligation, a mortgage may secure unpaid balances of advances made, with respect to the mortgaged premises, for...
• Section 5301.234 - [Repealed].
  Effective Date: 02-01-2002
• Section 5301.24 - Acquisition Of Property By State Not To Affect Mortgage Lien - State, A Party.
  The lien or priority of any existing valid mortgage or lien shall not be affected by reason of the fact that this state or...
• Section 5301.25 - Recording In County Where Real Estate Situated - Survey Form.
  (A) All deeds, land contracts referred to in division (A) (21) of section 317.08 of the Revised Code, and instruments of writing properly executed...
• Section 5301.251 - Memorandum Of Lease Recording.
  In lieu of the recording of a lease, there may be recorded a memorandum of that lease, executed and acknowledged in accordance with section...
• Section 5301.252 - Recording Affidavit Relating To Title.
  (A) An affidavit stating facts relating to the matters set forth under division (B) of this section that may affect the title to real...
• Section 5301.253 - Written Notice Of Code Violations Prior To Entering Into Agreement For Transfer Of Title To Property.
  (A) The owner of any property who has received written notice that the property is in violation of any building or housing code shall...
• Section 5301.254 - Filing Information With Secretary Of State By Nonresident Alien Acquiring Interest In Real Property.
  (A) For the purposes of this section, "nonresident alien" means any individual who is not a citizen of, and is not domiciled in, the...
• Section 5301.255 - Memorandum Of Trust Recording.
  (A) A memorandum of trust that satisfies both of the following may be presented for recordation in the office of the county recorder of...
• Section 5301.26 - Vendor's Lien.
  As between the vendor and vendee of land the vendor shall have a lien for so much of the purchase money as remains unpaid....
• Section 5301.27 - Conditional Grants Or Devises Of Real Estate.
  When any lands are left encumbered, by a deed, will, or other instrument of record, with the payment of money, or the performance of...
• Section 5301.28 - Release Of Mortgage - Assignment.
  When the mortgagee of property within this state, or the party to whom the mortgage has been assigned, either by a separate instrument, or...
• Section 5301.29 - Releases Of Mortgages Made Valid.
  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...
• Section 5301.291 - Mortgage Release, Cancellation, Or Satisfaction Not Defective.
  No real estate mortgage release, cancellation, or satisfaction of record in the office of the county recorder of the county within this state in...
• Section 5301.30 - Expiration Of Mortgage Lien - Limitation.
  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...
• Section 5301.31 - Assignment Or Partial Release In Margin Of Original Record.
  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...
• Section 5301.32 - Assignment Or Partial Release By Separate Instrument.
  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...
• Section 5301.33 - Cancellation, Release, And Assignment Of Leases.
  Except in counties where deeds or other separate instruments are required as provided in this section, a lease, whether or not renewable forever, that...
• Section 5301.331 - Land Contract Cancellation, Partial Release, Or Assignment.
  Except in counties where deeds or other instruments are required as provided in this section, a land contract that is recorded in the office...
• Section 5301.332 - Forfeiture For Failure Of Lessee, Successors Or Assigns To Abide By Specifically Described Covenants.
  (A) (1) Whenever leases of natural gas and oil lands recorded under section 5301.09 of the Revised Code concerning lands upon which there are...
• Section 5301.34 - Release Of Mortgage On Certificate Of Mortgagee Or Assignee.
  A mortgage shall be discharged upon the record of the mortgage by the county recorder when there is presented to the county recorder a...
• Section 5301.35 - Waiver Of Priority Of Mortgages - Execution And Recording - Fees.
  The priority of the lien of a mortgage may be waived to the extent specified by the holder of the lien in favor of...
• Section 5301.36 - Entry Of Satisfaction.
  (A) Except in a county in which the county recorder has elected to require that all satisfactions of mortgages be recorded by separate instrument...
• Section 5301.361 - Unreleased Mortgages; Liability For Damages For Failure To Record.
  (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 5301.37 - Recording Of Separate Instruments.
  Whenever the county recorder in making photostatic or photographic records leaves no margin suitable for the entering or recording of assignments, cancellations, or further...
• Section 5301.38 - Record Of Patents, Copies, And Exemplifications.
  Patents for lands lying within this state, granted to any person by the president of the United States, and copies of such patents, certified...
• Section 5301.39 - When Court To Order Clerk To Make Entry On Record Of Mortgage.
  The court in which proceedings are commenced, relative to a mortgage or other lien, change of title, or partition of lands, the final judgment,...
• Section 5301.40 - Mortgage Or Lien Satisfied By Suit.
  When a mortgage or other lien is satisfied or declared void, in whole or in part, by a judgment, final order, or decree, the...
• Section 5301.41 - Effect Of Reversal Of Judgment.
  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...
• Section 5301.42 - Effect Of Entry By Clerk.
  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...
• Section 5301.43 - Certified Copy Of Record Of Instrument As Evidence.
  A copy of the record of a deed or other instrument of writing, certified by the county recorder with his official seal affixed thereto,...
• Section 5301.44 - Certified Copy Of Record In Action To Cure Defects.
  When a conveyance of real estate has been executed in which there is a mistake, defect or omission in the description of the lands,...
• Section 5301.45 - Instrument Executed And Acknowledged Upon Different Sheets.
  When a deed, mortgage, lease, or other instrument of writing intended to convey or encumber an interest in real estate is not printed or...
• Section 5301.46 - Assignment, Release, Or Cancellation Of Interest Made By Separate Instrument To Contain Description.
  (A) As used in this section, "separate instrument" means an instrument other than the writing in which was created the interest in real property...
• Section 5301.47 - Marketable Title Definitions.
  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 - Unbroken Chain Of Title Of Record.
  Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest...
• Section 5301.49 - Record Marketable Title.
  Such record marketable title shall be subject to: (A) All interests and defects which are inherent in the muniments of which such chain of...
• Section 5301.50 - Interests Prior To Effective Date Of Root Of Title.
  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...
• Section 5301.51 - Preservation Of Interest In Land.
  (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...
• Section 5301.52 - Notice And Filing Of Claim Of Interest In Land.
  (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...
• Section 5301.53 - Certain Rights Not Barred Or Extinguished.
  (A) Any lessor or his successor as reversioner of his right to possession on the expiration of any lease, or any lessee or his...
• Section 5301.54 - Effect Of Changes.
  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...
• Section 5301.55 - Liberal Construction Of Statutes.
  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...
• Section 5301.56 - Mineral Interests - Vesting In Surface Owner.
  (A) As used in this section: (1) "Holder" means the record holder of a mineral interest, and any person who derives the person's rights...
• Section 5301.61 - Removal Of Fixtures Or Improvements From Mortgaged Realty.
  No person having an interest in real property, buyer, lessee, tenant, or occupant of real property, knowing that such real property is mortgaged or...
• Section 5301.63 - Solar Access Easement Requirements.
  For the purpose of ensuring adequate access of solar energy collection devices to sunlight, any person may grant a solar access easement. Such easements...
• Section 5301.67 - Conservation, Agricultural Easement Definitions.
  As used in sections 5301.67 to 5301.70 of the Revised Code: (A) "Conservation easement" means an incorporeal right or interest in land that is...
• Section 5301.68 - Granting Conservation Or Agricultural Easement.
  An owner of land may grant a conservation easement to the department of natural resources, a park district created under Chapter 1545. of the...
• Section 5301.69 - Who May Acquire Conservation Or Agricultural Easement.
  (A) The director of natural resources, the board of park commissioners of a park district created under Chapter 1545. of the Revised Code, the...
• Section 5301.691 - Director Of Agriculture Purchase Of Agricultural Easements.
  (A) (1) Subject to divisions (A)(2) and (F) of this section, the director of agriculture, with moneys credited to the agricultural easement purchase fund...
• Section 5301.692 - Holding Land Or Interests In Land For Purpose Of Retaining Use Of Land Predominantly In Agriculture.
  The legislative authority of a municipal corporation, board of county commissioners of a county, or board of township trustees of a township, in addition...
• Section 5301.70 - Enforcement Of Conservation Easement.
  Conservation easements are not unenforceable for lack of privity of contract or estate or lack of benefit to a particular dominant estate. Conservation easements...
• Section 5301.80 - Environmental Covenants - Definitions.
  As used in sections 5301.80 to 5301.92 of the Revised Code: (A) "Activity and use limitations" means restrictions or obligations created under sections 5301.80...
• Section 5301.81 - Holder Of Environmental Covenant.
  (A) Any person, including a person that owns an interest in the real property that is the subject of an environmental covenant, may be...
• Section 5301.82 - Contents Of Environmental Covenant - Required Signatures.
  (A) An environmental covenant shall contain all of the following: (1) A statement that the instrument is an environmental covenant executed pursuant to sections...
• Section 5301.83 - Copies Of Environmental Covenant To Be Provided.
  (A) A copy of an environmental covenant shall be provided to all of the following in a manner required by the applicable agency: (1)...
• Section 5301.84 - Obligations Under Environmental Covenant.
  An agency is bound by any obligation that it expressly assumes in an environmental covenant, but an agency does not assume obligations merely by...
• Section 5301.85 - Environmental Covenant Runs With Land - Enforceability.
  (A) An environmental covenant that complies with sections 5301.80 to 5301.92 of the Revised Code runs with the land. (B) An environmental covenant that...
• Section 5301.86 - Antecedent Interests In Real Property - Subordination Agreement.
  With respect to interests in real property in existence at the time that an environmental covenant is created or amended, all of the following...
• Section 5301.87 - Zoning Regulations And Prior Instruments.
  Sections 5301.80 to 5301.92 of the Revised Code do not authorize a use of real property that is otherwise prohibited by zoning, by law...
• Section 5301.88 - Filing And Recording Of Environmental Covenants.
  (A) Except as otherwise provided in division (B) of this section, an environmental covenant and any amendment or termination of the environmental covenant shall...
• Section 5301.89 - Environmental Covenant Perpetual - Exceptions - Judicial Termination - Limitation.
  (A) An environmental covenant is perpetual unless any of the following applies: (1) The environmental covenant is limited by its terms to a specific...
• Section 5301.90 - Amendment Or Termination Of Environmental Covenant By Consent - Assignment.
  (A) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by all of the following:...
• Section 5301.91 - Civil Action For Violation - Regulatory Authority - Liability.
  (A) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by any of the following:...
• Section 5301.92 - Preemption Of Federal Electronic Signatures Statute.
  Sections 5301.80 to 5301.92 of the Revised Code modify, limit, or supersede the "Electronic Signatures in Global and National Commerce Act," 114 Stat. 464...
• Section 5301.99 - Penalty.
  (A) Any individual, corporation, or other business entity that violates section 5301.254 of the Revised Code shall be fined not less than five thousand...

Last modified: October 10, 2016