Ohio Revised Code Chapter 5309 - Registration Of Land Titles

• Section 5309.01 - Registration Of Land Title Definitions.
  As used in this chapter and Chapter 5310. of the Revised Code: (A) "Certificate of title" includes all memorials and notations noted under a...
• Section 5309.02 - Jurisdiction Of The Court Of Common Pleas And The Probate Court.
  Concurrent jurisdiction, except as otherwise provided, is hereby conferred upon the court of common pleas and the probate court in all matters arising under...
• Section 5309.03 - Powers Of The County Recorder.
  To carry out sections 5309.02 to 5310.21, inclusive, of the Revised Code, the county recorder may administer oaths, issue subpoenas, summons, and other process,...
• Section 5309.031 - Maintain Registered Land Records By Use Of Photographic, Magnetic, Electronic, Or Certain Other Processes Means, Or Displays.
  (A) Notwithstanding any provision of this chapter or Chapter 5310. of the Revised Code to the contrary, and in accordance with the rules adopted...
• Section 5309.04 - Examiners Of Titles - Qualifications, Bond, Duties.
  The court of common pleas in each county shall appoint, subject to removal at any time by said court, one or more examiners of...
• Section 5309.05 - Persons Permitted To Have Title To Land Registered.
  The persons who, singly or collectively, claim to own and to be seized of, or to have the power of appointing or disposing of,...
• Section 5309.06 - Estates Or Interests Which May Be Registered - Procedure.
  No estate less than a fee simple and no mortgage, lien, or charge of any kind shall be registered unless the fee in possession,...
• Section 5309.07 - Tax Deed Entitled To Be Registered.
  No title derived from any tax sale or tax deed may be registered unless it appears that title under said tax sale or tax...
• Section 5309.08 - Application To Register Title.
  Application to register the title to land or to any interest therein shall be made by petition, as in the commencement of a civil...
• Section 5309.081 - Death Of Survivorship Tenant Transfer Of Interest.
  When an interest in title to registered land is vested in two or more persons as a survivorship tenancy and one of the survivorship...
• Section 5309.082 - Survivorship Tenant Medicaid Estate Recovery Form.
  (A) As used in this section: "Estate" has the same meaning as in section 5162.21 of the Revised Code. "Medicaid estate recovery program" means...
• Section 5309.09 - Contents Of Application.
  The application to register the title to land or to any interest in land shall be signed and sworn to by each applicant or...
• Section 5309.10 - Assent By Spouse.
  If the application to register the title to land or to any interest in land is made by a married person, the spouse of...
• Section 5309.11 - Application By Nonresident.
  If the application to register the title to land or to any interest therein is made by a nonresident of the state, he shall,...
• Section 5309.12 - Parties.
  The applicant desiring to register the title to land or to any interest therein shall be regarded as plaintiff and all other persons named...
• Section 5309.13 - Record And Index Of Applications.
  After the filing of the application to register the title to land or to any interest therein and before registration, the land described in...
• Section 5309.14 - Application Referred To Examiner Of Titles For Investigation - Report.
  Immediately after the filing of the application to register the title to land or to any interest therein, the probate court or the court...
• Section 5309.15 - Publication Of Notice Of Filing And Substance Of Application.
  After the investigation authorized by section 5309.14 of the Revised Code, if, in the opinion of the examiner of titles, the applicant has a...
• Section 5309.16 - Answer Day.
  The answer day of the notice set forth in section 5309.15 of the Revised Code shall be the third Saturday after the publication is...
• Section 5309.17 - Guardian Ad Litem - Duties, Compensation.
  When proof of service of all orders of notice issued and when the probate court or the court of common pleas is satisfied that...
• Section 5309.18 - Answer Or Cross-petition In Land Registration Case.
  Any person who claims an interest in, or who may be affected by the judgment in a land registration case, whether or not named...
• Section 5309.19 - Order Of Default And Decree Of Title And Registration - Final Order.
  If no person appears and answers or files other plea to an application in a land registration case within the time allowed, after the...
• Section 5309.20 - Cause May Be Referred To Examiner Of Titles For Hearing And Report.
  If, in any land registration case, an answer is filed raising an issue, the cause shall be set down for hearing on the motion...
• Section 5309.21 - Effect Of Decree Dismissing Application.
  In a land registration case, if the probate court or the court of common pleas finds that the applicant does not have a title...
• Section 5309.22 - Death Of Applicant.
  If the applicant in a land registration case dies between the filing of the application and the final decree thereon, the proceedings shall not...
• Section 5309.23 - Decree Of Confirmation And Registration - Effect.
  If the probate court or the court of common pleas after a hearing in a land registration case finds that the applicant has title...
• Section 5309.24 - Contents Of Decree Of Registration.
  (A) Every decree of registration in land registration cases shall bear the year, month, day, hour, and minute of its entry and shall be...
• Section 5309.25 - Register Of Titles - Duties Of County Recorder And Clerk.
  (A) Immediately upon the entry of the decree of registration as provided in sections 5309.23 and 5309.24 of the Revised Code, the clerk of...
• Section 5309.26 - Entering Original Certificate Of Title.
  The certificate of title first registered in pursuance of a decree of registration in regard to any parcel of land shall, in the register...
• Section 5309.27 - Certificates To Owners As Tenants In Common - Duplicate Certificates.
  If two or more persons are registered owners as tenants in common, or otherwise, of undivided interests in land, one owner's duplicate certificate of...
• Section 5309.28 - Holder Of Certificate Of Title Holds Free From Encumbrances - Exceptions.
  (A) Every applicant in a land registration case who, without fraud on the applicant's part, receives a certificate of title in pursuance of a...
• Section 5309.281 - Restrictive Covenants Constituting Unlawful Discriminatory Practices.
  On and after the effective date of this section, no county recorder shall do any of the following: (A) Transcribe or bind in the...
• Section 5309.29 - Decree And Certificate Of Title Run With The Land.
  The obtaining of a decree of registration and receiving a certificate of title is an agreement running with the land that the land shall,...
• Section 5309.30 - Signature And Address Of Owner Taken And Preserved.
  The county recorder shall take from the owner of any registered property, right, interest, lien, or charge, in every case in which it is...
• Section 5309.31 - Lost Or Destroyed Certificate Of Title.
  If a duplicate certificate of title is lost or destroyed, the owner, together with other persons having knowledge of the circumstances, may make affidavit...
• Section 5309.32 - Records Of Surveys Of Registered Land.
  The county recorder shall keep books to be known as "records of surveys of registered land," in which the recorder shall accurately copy each...
• Section 5309.33 - Tract And Alphabetical Indexes.
  (A) The county recorder shall keep tract indexes if the board of county commissioners orders the recorder to do so and provides the proper...
• Section 5309.34 - Transferee Of Registered Land Not On Notice Or Inquiry.
  Except in case of fraud, and except as provided in sections 5309.02 to 5310.21, inclusive, of the Revised Code, no person taking a transfer...
• Section 5309.35 - Record Of Trusts And Exceptional Estates In Registered Land.
  Deeds and other instruments relating to registered land, which create or declare trusts, or contain unusual or exceptional covenants, restrictions, or conditions, or create...
• Section 5309.36 - Certificate Notation Carried Until Cancellation.
  Subject to division (E) of section 5309.281 of the Revised Code, if a memorial or notation has been entered as permitted by this chapter...
• Section 5309.37 - Transfers Of Registered Land - Certificate As To Taxes And Special Assessments.
  Transfers of registered land shall be made or entered in the office of the county auditor, subject to the same requirements and on payment...
• Section 5309.38 - Entry Book.
  Each county recorder shall keep an entry book in which the recorder shall enter and number in the order of their reception all deeds...
• Section 5309.39 - Instruments Shall Be Filed Under Proper Numbers.
  All duplicate certificates of title and all instruments and memorandums in any way affecting the title to registered land, surrendered to the county recorder...
• Section 5309.40 - Transfer Of Estate By Registered Owner In Fee.
  A registered owner in fee of real property, in order to transfer the owner's whole interest in the property or in any part of...
• Section 5309.41 - Canceled Instruments Shall Be Preserved.
  In all cases in which a certificate of title, or any other instrument or memorandum affecting registered land, is wholly canceled, it shall be...
• Section 5309.42 - Transfer Of An Estate Less Than A Fee.
  No new certificate of title shall be entered or issued upon any transfer of registered land which does not divest the title in fee...
• Section 5309.43 - Questions As To Instruments Presented For Registration Referred To Court Of Common Pleas Or To Examiner Of Titles.
  If the county recorder is in doubt upon any question, or if any person in interest does not agree as to the proper memorandum...
• Section 5309.44 - New Certificate Of Title Issued.
  No new certificate of title shall be entered, and no memorandum shall be made upon the register of any certificate of title by the...
• Section 5309.45 - Application For Registration On The Death Of Registered Owner.
  Upon the death of a registered owner of land, one or more of his heirs or devisees, or the assignee for the benefit of...
• Section 5309.46 - Title Acquired Through Executor.
  When the will of a deceased registered owner of real property, or any right or interest therein, empowers the executor to sell, encumber or...
• Section 5309.47 - Encumbrances On Registered Land.
  Whenever any registered land or interest therein is intended to be charged or made security in favor of any mortgagee, the mortgagor shall execute...
• Section 5309.48 - Mortgage, Encumbrance Entered - Mortgagee's Duplicate Certificate.
  When a mortgage, encumbrance, or other instrument intended to create a lien upon or charge against registered land, as provided in section 5309.47 of...
• Section 5309.49 - Filing And Notation Of Instruments Affecting Registered Land.
  When any mortgage, lease, or other instrument affecting registered land, or any interest therein, is in duplicate, triplicate, or more parts, only one of...
• Section 5309.50 - Records In Addition To Registration.
  The county recorder, upon the written request of a lessee, mortgagee, or encumbrancer, and payment of the proper fees, shall record the instrument filed...
• Section 5309.51 - Assignment Of Lease, Encumbrance, Or Lien Upon Registered Land - Registration Of Waivers Of Priority Of Lien.
  The holder of any mortgage, encumbrance, lease, charge, or lien upon registered land may execute to a transferee an assignment for the whole or...
• Section 5309.52 - Entry Of Release Or Discharge Of Encumbrance.
  When any registered mortgage, encumbrance, lien, charge, or lesser estate, vested, contingent, expectant, or inchoate, is satisfied, released, extinguished, or terminated, in any manner...
• Section 5309.53 - Decree Or Order Of Court A Lien Upon Registered Land.
  No judgment or decree or order of a court shall be a lien upon or affect registered land, or any interest therein, until a...
• Section 5309.54 - Judgment Of County Court Judge, Mayor Or Other Officer A Lien Upon Registered Land.
  Whenever any transcript from the docket of a judge of a county court or mayor, or other officer or tribunal which may render judgments,...
• Section 5309.55 - Lien Attaches In Proceedings In Execution And Attachment.
  When any registered land is levied upon or seized by virtue of any writ of attachment, execution, or other process, the officer making such...
• Section 5309.56 - Writ Issued From County Other Than Where Land Situated.
  Whenever a sheriff or other officer seizes or levies upon any registered land by virtue of an execution, order of attachment, or other writ...
• Section 5309.57 - Accounts Of Mechanics Or Laborers Constitute Lien.
  Whenever any attested account to obtain a mechanic's, material supplier's, or laborer's lien is filed in the office of the county recorder by which...
• Section 5309.58 - Action Or Proceeding Lis Pendens.
  No suit, action, or proceeding, pending in any court, affecting registered land or any interest therein or charge upon such land is lis pendens,...
• Section 5309.59 - Certificate Of Sale Must Be Presented To Recorder - Notation.
  The holder of any certificate of sale of registered land, or any interest therein, for any tax, assessment, or imposition, shall forthwith present such...
• Section 5309.60 - No Registration Or Certificate Of Title Shall Issue Upon Tax Deed Except On Order Of Court.
  A tax deed of registered land, or an interest therein, issued in pursuance of any sale for a tax, assessment, or other imposition, shall...
• Section 5309.61 - Partition And Sale Confirmed Only On Report Of Examiner Of Titles.
  In any suit or proceeding in any of the courts of record in this state in which registered land may be partitioned or sold,...
• Section 5309.62 - Certificates Of Title Issued To Allottees In Partition.
  On the confirmation of the report of commissioners setting off registered lands in proceedings for partition, the parties to whom the lands are allotted...
• Section 5309.63 - Liens Attach To Lands Set Off In Partition Proceedings.
  When any lien or interest exists upon or in an undivided interest in land, and such interest is set off in severalty in proceedings...
• Section 5309.64 - Transfer Of Title Under Order Of Sale.
  (A) Whenever registered land is sold to satisfy any judgment, decree, or order of a court, or the title is transferred or affected by...
• Section 5309.65 - Transfer Of Title By Assignee Or Trustee - Procedure.
  Before an assignee or trustee for the benefit of creditors, receiver, master commissioner, special master commissioner, executor, or other person appointed by a court,...
• Section 5309.66 - Optional Registration Of Title To Land Sold In Partition Or By Assignee Or Administrator.
  In all suits to sell an estate in fee in the whole of unregistered land brought by an assignee or trustee for the benefit...
• Section 5309.67 - Nonconformity Does Not Void Proceedings.
  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 5309.68 - Certificate Of Title - Surrender - Withdrawal.
  Any person owning real estate, the title to which is registered, may request the withdrawal of such real estate from registration by presenting to...
• Section 5309.69 - Declaring Trusts Upon Registered Land - Negotiations.
  Trusts may be declared upon registered land, or upon any interest therein, by deed or other instrument in writing, fully and clearly defining the...
• Section 5309.70 - Attachment Of Rights Of Dower And Homestead.
  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...
• Section 5309.71 - Proceedings In Eminent Domain.
  When registered land, or any interest therein, is sought to be taken in the exercise of the right of eminent domain, notice of the...
• Section 5309.72 - Proceedings By Adverse Claimant.
  Any person asserting any interest, claim, or lien, not shown upon the register, in or against registered land adverse to the title of any...
• Section 5309.73 - Notice By Claimant To Registered Owner.
  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...
• Section 5309.74 - Power Of Attorney Must Be Filed With County Recorder - Revocation.
  Before any person can convey, transfer, charge, or deal with any registered land, or any interest therein, as an attorney in fact for another,...
• Section 5309.75 - Statements In Instrument Constituting A Person An Attorney In Fact.
  The deed or instrument constituting a person an attorney in fact shall contain: (A) The full name of the party appointing, and of the...
• Section 5309.76 - Alterations Or Erasures Not Permitted - Exceptions.
  (A) After a title is registered and a certificate of title is issued for the registered land or after a memorandum, notation, or memorial...
• Section 5309.77 - Effect Of Instruments Dealing With Registered Land.
  A deed, mortgage, lease or other instrument purporting to convey, transfer, mortgage, lease, charge, or otherwise deal with registered land, or any interest therein,...
• Section 5309.78 - Application For Continuation And Certification Of Duplicate Certificate Of Title.
  The holder of a duplicate certificate of title may at any time present such duplicate certificate to the county recorder and request him to...
• Section 5309.79 - References Required In Instruments Transferring Title Or Creating Or Discharging Liens.
  Every voluntary instrument intended to be used in transferring any title or estate in registered land, or in creating any lien or charge thereon,...
• Section 5309.80 - Statements Or Indorsements Contained In Instruments Presented For Registration.
  Every deed or other voluntary instrument which is presented for registration, and every instrument or paper filed with the county recorder by any person...
• Section 5309.81 - Parties To Suit Or Proceeding Involving Registered Land.
  In all suits and proceedings in any of the courts of this state in which any estate or interest in, or lien or charge...
• Section 5309.82 - Notice To Registered Owner Upon The Filing Of Instruments.
  When any voluntary instrument of transfer, encumbrance, assignment, release, or satisfaction is filed, the county recorder shall at once give notice of such filing...
• Section 5309.83 - Notice Of Appeal - Petition, Bond, And Transcript.
  Any person feeling himself aggrieved by the action, finding, or decision of the county recorder, or by his refusal to act, in any matter...
• Section 5309.84 - Right To Appeal On Questions Of Law And Fact Or On Questions Of Law To Court Of Appeals.
  Except as otherwise provided in this chapter or Chapter 5310. of the Revised Code, the parties aggrieved by the final order, judgment, or decree...
• Section 5309.85 - Burdens And Incidents Of Registered Land.
  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...
• Section 5309.86 - Signature Of County Recorder On Paper And Electronic Instruments.
  (A) Every memorial, notation, or cancellation of such memorial or notation, made on any certificate of title or duplicate thereof that is kept by...
• Section 5309.87 - Mistakes.
  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...
• Section 5309.88 - Death Of Maker Before Registration.
  If any person, whether grantor, grantee, mortgagor, mortgagee, lessor, lessee, or other person in interest, dies after the execution of any instrument affecting land...
• Section 5309.89 - Title By Prescription Or Adverse Possession.
  No title to registered real property in derogation of that of the registered owner shall be acquired by prescription or adverse possession. Effective Date:
• Section 5309.90 - [Repealed].
  Effective Date: 08-27-1957
• Section 5309.91 - Enforcement Of Charges.
  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...
• Section 5309.92 - Transfers.
  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...
• Section 5309.93 - Effective Liens.
  No statutory or other lien except taxes and assessments, lawfully levied, and liens, claims, or rights arising or existing under the laws or constitution...
• Section 5309.94 - Serving And Waiver Of Notices.
  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...
• Section 5309.95 - Materials Furnished By Board Of County Commissioners.
  All books, blanks, papers, and other things necessary for administering this chapter and Chapter 5310. of the Revised Code, including, but not limited to,...
• Section 5309.96 - Instruments Shall Not Be Taken From Office - Copies.
  No record, instrument this chapter or Chapter 5310. of the Revised Code to be filed or kept in the office of the county recorder,...
• Section 5309.97 - [Repealed].
  Effective Date: 01-15-1998
• Section 5309.98 - Rules Of Practice And Procedure.
  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...

Last modified: October 10, 2016