Ohio Revised Code
Chapter 5310 | Registration of Land Titles
Section 5310.07 | Right of Action by Registered Owners for Loss or Damage by Fraud, Mistake, or Error.

Effective: October 29, 2003
Latest Legislation: House Bill NO53 - 125th General Assembly
A person who, without negligence on the person's part, sustains loss or damage or is deprived of land or of any interest in land, after the original registration of land, by the registration of another person as owner of the land or of any interest in the land, through fraud, or in consequence of any error, omission, mistake, or misdescription in any certificate of title or in any entry or memorandum in the register of titles, may bring an action in the court of common pleas of the county in which the land is situated against the treasurer of state for the recovery of compensation for that loss or damage, or for that land or interest in land, from the assurance fund. If the person who is deprived of land or of any interest in land in the manner stated in this section has a right of action or another remedy for the recovery of the land or the interest in land, the person shall exhaust that remedy before resorting to the action of contract provided in this section. This section does not deprive the plaintiff of any action in tort that the plaintiff may have against any person for the loss or damage or the deprivation of any land or of any interest in land.

Structure Ohio Revised Code

Ohio Revised Code

Title 53 | Real Property

Chapter 5310 | Registration of Land Titles

Section 5310.01 | Acceptance of Fees and Employment by County Recorder Prohibited.

Section 5310.02 | Priority of Persons Entering Claims on Registered Certificate of Title.

Section 5310.03 | Certificates of Title and Copies Shall Be Received in Evidence.

Section 5310.04 | Powers of Courts.

Section 5310.05 | Assurance Fund Rate.

Section 5310.06 | Monthly Payments of Money to Treasurer of State - Investment of Funds.

Section 5310.07 | Right of Action by Registered Owners for Loss or Damage by Fraud, Mistake, or Error.

Section 5310.08 | Against Whom Actions Shall Be Brought.

Section 5310.09 | Amount of Damages Shall Be Paid From Assurance Fund.

Section 5310.10 | Attorney General Shall Defend Actions.

Section 5310.11 | Assurance Fund Not Liable for Loss or Damage Occasioned by Breach of Trust.

Section 5310.12 | Limitation of Actions.

Section 5310.13 | Subrogation.

Section 5310.14 | Application of Income of Assurance Fund.

Section 5310.15 | Fees.

Section 5310.16 | Conviction No Bar to Civil Action.

Section 5310.21 | Construction.

Section 5310.31 | Abolition of Registration Definitions.

Section 5310.32 | County Resolution to Consider Merits of Abolishment of Land Registration.

Section 5310.33 | Costs and Benefits of Maintaining Land Registration System.

Section 5310.34 | Relevant Evidence of Costs and Benefits of Maintaining Land Registration System.

Section 5310.35 | Public Hearing.

Section 5310.36 | Determination to Abolish Land Registration System.

Section 5310.38 | Implementation of Resolution of Abolition.

Section 5310.41 | Registered Land After Abolition of System.

Section 5310.42 | Certificate of Title of Registered Land Effect After Abolition.

Section 5310.43 | Pending Cases Involving Application for Registration Effect After Abolition.

Section 5310.44 | Pending Proceeding Relating to Registered Land Effect After Abolition.

Section 5310.45 | Certificates of Title Resulting From Pending Proceedings.

Section 5310.46 | Effects of Certificate of Title.

Section 5310.47 | Abolition of Land Registration Does Not Bar Certain Actions.

Section 5310.48 | Duplicate Certificate of Title.

Section 5310.49 | Jurisdiction After Abolition of Land Registration System.

Section 5310.50 | County Recorder Duties.

Section 5310.51 | Certificates of Title Resulting From Pending Actions.

Section 5310.52 | Parcel Lying Partly in Nonabolishing County.

Section 5310.53 | Portion Lying Partly in Nonabolishing County.

Section 5310.54 | Nonabolishing County's Land Registration System.