Effective: October 1, 1953
Latest Legislation: House Bill 1 - 100th General Assembly
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 completed. The probate court or the court of common pleas shall within seven days after the first publication of said notice in a newspaper, cause a copy of such published notice to be served on the defendants by registered letter, mailed by the clerk of the probate court or the clerk of the court of common pleas, with a five day return card thereon, to every defendant named in said notice whose address is given or known.
The court shall cause a copy of the notice attested by the clerk to be posted by the sheriff in a conspicuous place on each parcel of land included in the application, at least fourteen days before the answer day of such notice. Such sheriff's return shall be proof of such posting. The court may cause additional notice of the application to be given or additional persons to be made parties and served as provided by law in civil actions. The court shall, so far as it considers it possible, require proof of actual notice to all adjoining owners and to all persons resident of the state who appear to be in possession or occupancy of, or to have any interest in or claim to, or lien or charge upon the land, or any part thereof, included in the application. If any registered letter containing such published notice, mailed by the clerk to a defendant named as a resident of the state, is returned undelivered, such notice shall be remailed by the clerk to any other address of such party of which the plaintiff is able to learn and which he shall designate by amendment of his application filed in the case. If there is no other address, or if said letter is again returned undelivered, the clerk shall thereupon, on the praecipe of the plaintiff, issue summons for such defendant as in other cases. Such summons shall be directed to the sheriff of each of the counties in which the plaintiff, in his application or any amendment thereof, states that such defendant resides. Such summons shall have attached thereto an attested copy of said published notice. If said summons and notice are returned unserved because the defendant cannot be found, then such defendant may be regarded as having been served by such published notice as a person whose place of residence and post-office address are unknown. In all cases, whether of original registration or subsequently arising in any way in reference to registered land or any interest in or lien or charge upon it, in which notice is required or may be ordered by the court to be given to parties by the clerk by publishing or mailing, or both, the certificate of the clerk, stating that he has served the notices as required or as directed by the court and stating which of the letters mailed by him containing said notices have been returned to him undelivered, shall be filed in the case before any order or decree is taken or made and shall be proof of such service.
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.