Effective: October 29, 2003
Latest Legislation: House Bill NO53 - 125th General Assembly
(A) Notwithstanding any provision of this chapter or Chapter 5310. of the Revised Code to the contrary, and in accordance with the rules adopted by the county recorder under division (C) of this section, the recorder may perform any of the following functions by nonpaper means:
(1) Transcribe a certified copy of a decree of registration sent by the clerk of a probate court pursuant to section 5309.25 of the Revised Code;
(2) Enter any memorial, notation, or memorandum pertaining to registered land;
(3) Register a subsequent transfer of registered land and carry forward in connection with the registration any memorial, notation, or memorandum;
(4) Enter, index, and, if applicable, file any registered land record, including, but not limited to, documents relating to cancellations, releases, discharges, or satisfactions;
(5) Maintain each of the following:
(a) The register of titles kept pursuant to section 5309.25 of the Revised Code;
(b) The records of surveys of registered land kept pursuant to section 5309.32 of the Revised Code;
(c) The tract indexes, if any, required by the board of county commissioners pursuant to section 5309.33 of the Revised Code and the alphabetical indexes kept pursuant to that section;
(d) The record of trusts and exceptional estates in registered land kept pursuant to section 5309.35 of the Revised Code;
(e) The entry book kept pursuant to section 5309.38 of the Revised Code;
(f) The records of liens on registered land kept pursuant to section 5309.50 of the Revised Code and the record of leases on registered land kept pursuant to that section.
(6) Fulfill any other requirement of this chapter or Chapter 5310. of the Revised Code concerning the recorder's maintenance of registered land records.
(B) If a county recorder maintains registered land records by nonpaper means under division (A) of this section, all of the following shall apply:
(1) The recorder shall keep and have readily available the machines and equipment necessary to permit the inspection of, or to reproduce copies of, the registered land records maintained at the recorder's office, to fulfill requests made under section 149.43 of the Revised Code.
(2) Photographs, microphotographs, films, or microfilms shall be placed and kept in conveniently accessible, fireproof, and insulated files, cabinets, or containers.
(3) Notwithstanding any rules adopted by a county records commission under section 149.38 of the Revised Code specifying the length of time original paper records must be retained in that format, the recorder may dispose of the register of titles kept in book format and any other original paper registered land record provided for in section 5309.25 of the Revised Code after it has been transcribed, registered, entered, indexed, or filed by nonpaper means under division (A) of this section, in accordance with the rules adopted under division (C) of this section. The recorder shall adhere to all other applicable records retention rules adopted by a county records commission under section 149.38 of the Revised Code.
(C)(1) A county recorder choosing to maintain registered land records by nonpaper means under division (A) of this section shall adopt rules for implementing this section. These rules shall be subject to approval by the board of county commissioners and shall do all of the following:
(a) Specify the type of nonpaper means that the county recorder will use to perform registered land functions;
(b) Identify the registered land functions that the county recorder will perform, and the registered land records that the county recorder will maintain, by nonpaper means;
(c) Specify the form of the record maintained by nonpaper means that will be deemed the original certificate of title under division (B) of section 5309.25 of the Revised Code;
(d) Provide for preserving, safekeeping, using, examining, exhibiting, projecting, and enlarging photographs, microphotographs, films, and microfilms;
(e) Provide for secure storage and maintenance of nonpaper records, including, but not limited to, requiring daily backups of records stored on computer to reflect daily changes made to those records;
(f) Specify the manner in which the recorder will sign an original certificate of title or other registered land record that is entered, indexed, or filed by nonpaper means;
(g) Provide for any other policies, procedures, or practices necessary for the maintenance of registered land records by nonpaper means.
(2) All registered land functions of a county recorder and all registered land records maintained by nonpaper means under division (A) of this section shall comply with the otherwise applicable requirements of this chapter and Chapter 5310. of the Revised Code.
(3) Any rules adopted under division (C)(1) of this section dealing with secure storage and computer or other security processes for nonpaper records may be approved in an executive session of a board of county commissioners.
(D) As used in this section and sections 5309.24, 5309.25, 5309.95, 5309.96, and 5309.98 of the Revised Code, "nonpaper means" means at least one process from each of the following categories, which process provides a medium of copying, recording, or reproducing applicable registered land records, including, but not limited to, memoranda, certificates, affidavits, or decrees:
(1) Any photostatic, photographic, miniature photographic, film, microfilm, or microphotographic process;
(2) Perforated tape, magnetic tape, or other magnetic means, electronic data processing or other electronic means, machine readable means, or graphic or video display.
Structure Ohio Revised Code
Chapter 5309 | Registration of Land Titles
Section 5309.01 | Registration of Land Title Definitions.
Section 5309.02 | Jurisdiction of the Court of Common Pleas and the Probate Court.
Section 5309.03 | Powers of the County Recorder.
Section 5309.04 | Examiners of Titles - Qualifications, Bond, Duties.
Section 5309.05 | Persons Permitted to Have Title to Land Registered.
Section 5309.06 | Estates or Interests Which May Be Registered - Procedure.
Section 5309.07 | Tax Deed Entitled to Be Registered.
Section 5309.08 | Application to Register Title.
Section 5309.081 | Death of Survivorship Tenant Transfer of Interest.
Section 5309.082 | Survivorship Tenant Medicaid Estate Recovery Form.
Section 5309.09 | Contents of Application.
Section 5309.10 | Assent by Spouse.
Section 5309.11 | Application by Nonresident.
Section 5309.13 | Record and Index of Applications.
Section 5309.14 | Application Referred to Examiner of Titles for Investigation - Report.
Section 5309.15 | Publication of Notice of Filing and Substance of Application.
Section 5309.17 | Guardian Ad Litem - Duties, Compensation.
Section 5309.18 | Answer or Cross-Petition in Land Registration Case.
Section 5309.19 | Order of Default and Decree of Title and Registration - Final Order.
Section 5309.20 | Cause May Be Referred to Examiner of Titles for Hearing and Report.
Section 5309.21 | Effect of Decree Dismissing Application.
Section 5309.22 | Death of Applicant.
Section 5309.23 | Decree of Confirmation and Registration - Effect.
Section 5309.24 | Contents of Decree of Registration.
Section 5309.25 | Register of Titles - Duties of County Recorder and Clerk.
Section 5309.26 | Entering Original Certificate of Title.
Section 5309.27 | Certificates to Owners as Tenants in Common - Duplicate Certificates.
Section 5309.28 | Holder of Certificate of Title Holds Free From Encumbrances - Exceptions.
Section 5309.281 | Restrictive Covenants Constituting Unlawful Discriminatory Practices.
Section 5309.29 | Decree and Certificate of Title Run With the Land.
Section 5309.30 | Signature and Address of Owner Taken and Preserved.
Section 5309.31 | Lost or Destroyed Certificate of Title.
Section 5309.32 | Records of Surveys of Registered Land.
Section 5309.33 | Tract and Alphabetical Indexes.
Section 5309.34 | Transferee of Registered Land Not on Notice or Inquiry.
Section 5309.35 | Record of Trusts and Exceptional Estates in Registered Land.
Section 5309.36 | Certificate Notation Carried Until Cancellation.
Section 5309.37 | Transfers of Registered Land - Certificate as to Taxes and Special Assessments.
Section 5309.39 | Instruments Shall Be Filed Under Proper Numbers.
Section 5309.40 | Transfer of Estate by Registered Owner in Fee.
Section 5309.41 | Canceled Instruments Shall Be Preserved.
Section 5309.42 | Transfer of an Estate Less Than a Fee.
Section 5309.44 | New Certificate of Title Issued.
Section 5309.45 | Application for Registration on the Death of Registered Owner.
Section 5309.46 | Title Acquired Through Executor.
Section 5309.47 | Encumbrances on Registered Land.
Section 5309.48 | Mortgage, Encumbrance Entered - Mortgagee's Duplicate Certificate.
Section 5309.49 | Filing and Notation of Instruments Affecting Registered Land.
Section 5309.50 | Records in Addition to Registration.
Section 5309.52 | Entry of Release or Discharge of Encumbrance.
Section 5309.53 | Decree or Order of Court a Lien Upon Registered Land.
Section 5309.55 | Lien Attaches in Proceedings in Execution and Attachment.
Section 5309.56 | Writ Issued From County Other Than Where Land Situated.
Section 5309.57 | Accounts of Mechanics or Laborers Constitute Lien.
Section 5309.58 | Action or Proceeding Lis Pendens.
Section 5309.59 | Certificate of Sale Must Be Presented to Recorder - Notation.
Section 5309.61 | Partition and Sale Confirmed Only on Report of Examiner of Titles.
Section 5309.62 | Certificates of Title Issued to Allottees in Partition.
Section 5309.63 | Liens Attach to Lands Set Off in Partition Proceedings.
Section 5309.64 | Transfer of Title Under Order of Sale.
Section 5309.65 | Transfer of Title by Assignee or Trustee - Procedure.
Section 5309.67 | Nonconformity Does Not Void Proceedings.
Section 5309.68 | Certificate of Title - Surrender - Withdrawal.
Section 5309.69 | Declaring Trusts Upon Registered Land - Negotiations.
Section 5309.70 | Attachment of Rights of Dower and Homestead.
Section 5309.71 | Proceedings in Eminent Domain.
Section 5309.72 | Proceedings by Adverse Claimant.
Section 5309.73 | Notice by Claimant to Registered Owner.
Section 5309.74 | Power of Attorney Must Be Filed With County Recorder - Revocation.
Section 5309.75 | Statements in Instrument Constituting a Person an Attorney in Fact.
Section 5309.76 | Alterations or Erasures Not Permitted - Exceptions.
Section 5309.77 | Effect of Instruments Dealing With Registered Land.
Section 5309.78 | Application for Continuation and Certification of Duplicate Certificate of Title.
Section 5309.80 | Statements or Indorsements Contained in Instruments Presented for Registration.
Section 5309.81 | Parties to Suit or Proceeding Involving Registered Land.
Section 5309.82 | Notice to Registered Owner Upon the Filing of Instruments.
Section 5309.83 | Notice of Appeal - Petition, Bond, and Transcript.
Section 5309.85 | Burdens and Incidents of Registered Land.
Section 5309.86 | Signature of County Recorder on Paper and Electronic Instruments.
Section 5309.88 | Death of Maker Before Registration.
Section 5309.89 | Title by Prescription or Adverse Possession.
Section 5309.91 | Enforcement of Charges.
Section 5309.93 | Effective Liens.
Section 5309.94 | Serving and Waiver of Notices.
Section 5309.95 | Materials Furnished by Board of County Commissioners.
Section 5309.96 | Instruments Shall Not Be Taken From Office - Copies.