Effective: October 1, 1953
Latest Legislation: House Bill 1 - 100th General Assembly
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 title may be issued for the whole land, or the owner of a separate or undivided interest may, upon the return and cancellation or proper notation upon the outstanding certificate, have a separate registration of his interest and a duplicate certificate of title issued to him.
A registered owner who holds one duplicate certificate for several distinct parcels of land may surrender such certificate and have separate registration and duplicate certificates for portions thereof, or if he holds separate duplicate certificates for several distinct parcels he may surrender them and have registration made of and take out a single duplicate certificate for the whole land, or several registration and duplicate certificates for different portions thereof. If a new or different plat and description is to be given in any new certificate so issued, such plat and description must be definite and certain and in conformity with the previously registered plat and descriptions and must be subject to the approval of the county recorder, who may in any case require the same to be approved by the court.
An owner who subdivides a tract of registered land into lots shall file with the clerk of the probate court or the clerk of the court of common pleas a plan thereof, when applying for a new certificate, and the probate court or the court of common pleas, before ordering such certificate to be issued, shall cause the plan to be certified and filed with the recorder and recorded, and require that all boundaries, streets, and passageways shall be distinctly and accurately delineated thereon.
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.