Effective: March 18, 1997
Latest Legislation: Senate Bill 262 - 121st General Assembly
(A) An affidavit stating facts relating to the matters set forth under division (B) of this section that may affect the title to real estate in this state, made by any person having knowledge of the facts or competent to testify concerning them in open court, may be recorded in the office of the county recorder in the county in which the real estate is situated. When so recorded, such affidavit, or a certified copy, shall be evidence of the facts stated, insofar as such facts affect title to real estate.
(B) The affidavits provided for under this section may relate to the following matters:
(1) Age, sex, birth, death, capacity, relationship, family history, heirship, names, identity of parties, marriage, residence, or service in the armed forces;
(2) Possession;
(3) The happening of any condition or event that may create or terminate an estate or interest;
(4) The existence and location of monuments and physical boundaries, such as fences, streams, roads, and rights of way;
(5) In an affidavit of a registered surveyor, facts reconciling conflicts and ambiguities in descriptions of land in recorded instruments.
(C) The county recorder for the county where such affidavit is offered for record shall receive and cause the affidavit to be recorded as deeds are recorded, and collect the same fees for recording such affidavit as for recording deeds.
(D) Every affidavit provided for under this section shall include a description of the land, title to which may be affected by facts stated in such affidavit, and a reference to an instrument of record containing such description, and shall state the name of the person appearing by the record to be the owner of such land at the time of the recording of the affidavit. The recorder shall index the affidavit in the name of such record owner.
(E) Any person who knowingly makes any false statement in any affidavit provided for in this section is guilty of falsification under division (A)(6) of section 2921.13 of the Revised Code.
Structure Ohio Revised Code
Chapter 5301 | Conveyances; Encumbrances
Section 5301.01 | Acknowledgment of Deed, Mortgage, Land Contract, Lease or Memorandum of Trust.
Section 5301.011 | Recorded Instrument to Contain Volume and Page Reference.
Section 5301.02 | Words Necessary to Create a Fee Simple Estate.
Section 5301.03 | Grantee as Trustee or Agent.
Section 5301.04 | Deed, Mortgage, or Lease of a Married Person.
Section 5301.05 | Discriminatory Restrictive Covenants - Void.
Section 5301.057 | Transfer Fee Covenant.
Section 5301.06 | Instruments Executed According to Law of Place Where Made.
Section 5301.07 | Delivery and Acceptance of Real Property Instrument; Presumptions.
Section 5301.071 | Validity of Instruments Not Affected by Certain Actions or Omissions.
Section 5301.072 | Deed Restrictions Prohibiting Placement of Flag Unenforceable.
Section 5301.08 | Certain Leases Unaffected.
Section 5301.09 | Recording Lease of Natural Gas and Petroleum.
Section 5301.10 | Parties Defendant in Suits to Cancel Leases.
Section 5301.11 | Effect of Destruction of Building Upon Lessee.
Section 5301.12 | Purchaser at Tax Sale.
Section 5301.13 | Mode of Conveyance by State.
Section 5301.14 | Copy of Record of Lost Deed to Be Evidence.
Section 5301.15 | Governor May Execute New Deed to Supply Lost Conveyance.
Section 5301.16 | Execution of Conveyance by State When Purchaser Dies Before Deed Made.
Section 5301.17 | New Deed From State to Correct Errors.
Section 5301.18 | Deeds From State Must Recite Facts.
Section 5301.19 | Release of Mortgage to the State.
Section 5301.20 | Reversion to Owner of Land Conveyed to State.
Section 5301.21 | Adjoining Owners May Fix Corner or Line.
Section 5301.22 | Effect of Agreement With a Guardian.
Section 5301.23 | Mortgage Effective Dates.
Section 5301.232 | Open-End Mortgages.
Section 5301.233 | Mortgage May Secure Unpaid Balances of Advances Made.
Section 5301.24 | Acquisition of Property by State Not to Affect Mortgage Lien - State, a Party.
Section 5301.25 | Recording in County Where Real Estate Situated - Survey Form.
Section 5301.251 | Memorandum of Lease Recording.
Section 5301.252 | Recording Affidavit Relating to Title.
Section 5301.255 | Memorandum of Trust Recording.
Section 5301.26 | Vendor's Lien.
Section 5301.27 | Conditional Grants or Devises of Real Estate.
Section 5301.28 | Release of Mortgage - Assignment.
Section 5301.29 | Releases of Mortgages Made Valid.
Section 5301.291 | Mortgage Release, Cancellation, or Satisfaction Not Defective.
Section 5301.30 | Expiration of Mortgage Lien - Limitation.
Section 5301.31 | Assignment or Partial Release in Margin of Original Record.
Section 5301.32 | Assignment or Partial Release by Separate Instrument.
Section 5301.33 | Cancellation, Release, and Assignment of Leases.
Section 5301.331 | Land Contract Cancellation, Partial Release, or Assignment.
Section 5301.34 | Release of Mortgage on Certificate of Mortgagee or Assignee.
Section 5301.35 | Waiver of Priority of Mortgages - Execution and Recording - Fees.
Section 5301.36 | Entry of Satisfaction.
Section 5301.361 | Unreleased Mortgages; Liability for Damages for Failure to Record.
Section 5301.37 | Recording of Separate Instruments.
Section 5301.38 | Record of Patents, Copies, and Exemplifications.
Section 5301.39 | When Court to Order Clerk to Make Entry on Record of Mortgage.
Section 5301.40 | Mortgage or Lien Satisfied by Suit.
Section 5301.41 | Effect of Reversal of Judgment.
Section 5301.42 | Effect of Entry by Clerk.
Section 5301.43 | Certified Copy of Record of Instrument as Evidence.
Section 5301.44 | Certified Copy of Record in Action to Cure Defects.
Section 5301.45 | Instrument Executed and Acknowledged Upon Different Sheets.
Section 5301.47 | Marketable Title Definitions.
Section 5301.48 | Unbroken Chain of Title of Record.
Section 5301.49 | Record Marketable Title.
Section 5301.50 | Interests Prior to Effective Date of Root of Title.
Section 5301.51 | Preservation of Interest in Land.
Section 5301.52 | Notice and Filing of Claim of Interest in Land.
Section 5301.53 | Certain Rights Not Barred or Extinguished.
Section 5301.54 | Effect of Changes.
Section 5301.55 | Liberal Construction of Statutes.
Section 5301.56 | Mineral Interests - Vesting in Surface Owner.
Section 5301.61 | Removal of Fixtures or Improvements From Mortgaged Realty.
Section 5301.63 | Solar Access Easement Requirements.
Section 5301.67 | Conservation, Agricultural Easement Definitions.
Section 5301.68 | Granting Conservation or Agricultural Easement.
Section 5301.69 | Who May Acquire Conservation or Agricultural Easement.
Section 5301.691 | Director of Agriculture Purchase of Agricultural Easements.
Section 5301.70 | Enforcement of Conservation Easement.
Section 5301.71 | Termination of Agricultural Leases.
Section 5301.80 | Environmental Covenants - Definitions.
Section 5301.81 | Holder of Environmental Covenant.
Section 5301.82 | Contents of Environmental Covenant - Required Signatures.
Section 5301.83 | Copies of Environmental Covenant to Be Provided.
Section 5301.84 | Obligations Under Environmental Covenant.
Section 5301.85 | Environmental Covenant Runs With Land - Enforceability.
Section 5301.86 | Antecedent Interests in Real Property - Subordination Agreement.
Section 5301.87 | Zoning Regulations and Prior Instruments.
Section 5301.88 | Filing and Recording of Environmental Covenants.
Section 5301.89 | Environmental Covenant Perpetual - Exceptions - Judicial Termination - Limitation.
Section 5301.90 | Amendment or Termination of Environmental Covenant by Consent - Assignment.
Section 5301.91 | Civil Action for Violation - Regulatory Authority - Liability.
Section 5301.92 | Preemption of Federal Electronic Signatures Statute.