Effective: October 29, 2003
Latest Legislation: House Bill NO53 - 125th General Assembly
(A) Every decree of registration in land registration cases shall bear the year, month, day, hour, and minute of its entry and shall be signed by the clerk of the probate court. It shall give the place of residence and post-office address of the owner of the land registered, state whether the owner is married or unmarried, and, if the owner is married, state the name of the owner's spouse. If the owner is under disability, the decree shall state the nature of the disability and, if the owner is a minor, shall state the minor's age. The decree shall contain an accurate description and plat of each separate parcel of the land as finally determined and adopted by the probate court, shall set forth the estate of the owner, and, in a manner that shows their relative priority, but subject to division (B) of this section, shall set forth all particular estates, mortgages, easements, liens, attachments, and other encumbrances, including rights of spouses, to which the land or the owner's estate is subject, all suits pending by or against the owner or any of the owner's predecessors in title in any court of record in the county the judgments in which might affect the land or the owner's title to the land, and all suits of that nature elsewhere pending if they were brought to the attention of the probate court by the pleadings or evidence in the case. The decree may contain any other matter properly to be determined by the court under this chapter and Chapter 5310. of the Revised Code. The decree shall be stated in a form convenient for physical transcription upon, transcription by any of the applicable nonpaper means referred to in division (D) of section 5309.031 of the Revised Code upon, or binding in the register of titles described in section 5309.25 of the Revised Code, shall be in a form suitable to constitute the decree as a certificate of title, and shall give insofar as possible the full name, place of residence, and post-office address of each owner and holder of any interest in or lien, charge, or encumbrance upon the lands or any part of the lands, except as provided in division (B) of this section. The clerk, under the direction of the court, shall make and keep indexes of all applications and of all decrees of registration.
(B) On and after March 30, 1999, a decree of registration in a land registration case shall not set forth pursuant to division (A) of this section any restrictive covenant that appears to apply to the land or any part of the land, if any inclusion of the restrictive covenant in a transfer, rental, or lease of housing accommodations, any honoring or exercising of the restrictive covenant, or any attempt to honor or exercise the restrictive covenant constitutes an unlawful discriminatory practice under division (H)(9) of section 4112.02 of the Revised Code.
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.