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Ohio Revised Code Search

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burial on home land
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Section 5309.87 | Mistakes.

...No petition, order, affidavit, certificate, registration, or other proceeding under sections 5309.02 to 5310.21, inclusive, of the Revised Code, shall be invalid by reason of any informality, mistake, or technical irregularity therein not affecting the substantial justice of the proceedings, or the substantial rights of any party in interest.

Section 5309.88 | Death of maker before registration.

...e execution of any instrument affecting land and before registration thereof, the registration of such instrument may be proceeded with in accordance with sections 5309.02 to 5310.21, inclusive, of the Revised Code, and shall be valid notwithstanding such death.

Section 5309.89 | Title by prescription or adverse possession.

...No title to registered real property in derogation of that of the registered owner shall be acquired by prescription or adverse possession.

Section 5309.91 | Enforcement of charges.

...All charges upon registered land, or any interest in such land may be enforced as provided by law, except as provided by sections 5309.02 to 5310.21, inclusive, of the Revised Code.

Section 5309.92 | Transfers.

...d Code, and by entry on the register of land titles. No estate, legal or equitable, in registered land, shall pass by a mere assignment or delivery of a duplicate certificate of title or other instrument. This section does not apply upon implementation of a resolution of abolition under section 5310.38 of the Revised Code.

Section 5309.93 | Effective liens.

...3, shall affect the title to registered land, until after such lien is noted upon the registered certificate of title.

Section 5309.94 | Serving and waiver of notices.

... any suit or proceeding for registering land, or any interest therein, or lien thereon, or in relation to registered land, or any interest in, or lien or charge on such registered land, parties may waive notice and enter appearance as in civil actions and in all such cases service of notice may be dispensed with.

Section 5309.95 | Materials furnished by board of county commissioners.

...and materials related to the registered land functions of a county recorder and the maintenance of registered land records by nonpaper means under division (A) of section 5309.031 of the Revised Code, shall be furnished by the board of county commissioners.

Section 5309.96 | Instruments shall not be taken from office - copies.

...ing, but not limited to, any registered land record maintained by nonpaper means under division (A) of section 5309.031 of the Revised Code, shall be taken or otherwise caused to be removed from the recorder's office except by a subpoena duces tecum issued for and served upon the recorder by a court of record. When any record, instrument, paper, or other document is registered, the recorder, on demand and the tender...

Section 5309.98 | Rules of practice and procedure.

...Except for registered land records maintained by nonpaper means under division (A) of section 5309.031 of the Revised Code, which shall be governed by the rules adopted under division (C) of that section, the court of appeals in any appellate district may prescribe rules of practice and procedure for the guidance of each county recorder, and the conduct of proceedings in the probate courts or courts of common pleas,...

Section 5310.01 | Acceptance of fees and employment by county recorder prohibited.

...therwise, from an applicant to register land, or other person connected with or concerned in the registration of land, or any lien, or charge thereon, or other matter in any way connected with the registration of land.

Section 5310.02 | Priority of persons entering claims on registered certificate of title.

... lessee, and encumbrancer of registered land or any part thereof, or any interest therein, holds his title or lien subject to the interests and estates, mortgages, encumbrances, and all liens and memorials which have been entered upon the registered certificate of title prior to such transfer of the land or mortgage, lease, or encumbrance thereof, unless it is expressly otherwise provided in the instrument of trans...

Section 5310.03 | Certificates of title and copies shall be received in evidence.

...The original certificate of title in the register of titles, any copy of it certified under the signature of the county recorder, and the owner's duplicate of the original certificate of title shall be received as evidence in all the courts of the state and shall be conclusive as to all matters contained in it, except as provided in this chapter or Chapter 5309. of the Revised Code. All subsequent certificates of...

Section 5310.04 | Powers of courts.

...eding in any way relating to registered land, or to any estate or interest therein, or lien or charge thereon, may compel by punishment as for a contempt the production and delivery to said recorder or courts of any duplicate or owner's certificate of title, duplicate or original mortgage, lease, or other paper pertaining to such land, or any estate therein, or lien or charge thereon. Said recorder and courts may by ...

Section 5310.15 | Fees.

...or each separate and distinct parcel of land included in the application although made up of more than one tract. Upon a reference to an examiner of titles or to any other person upon a hearing to take evidence and make report to the court, the fee of the referee shall be fixed by the court at not more than fifteen dollars per day for the time actually employed. For a certificate of an examiner of titles that all n...

Section 5310.16 | Conviction no bar to civil action.

...No proceedings or conviction for any crime relating to the administration of Chapters 5309. and 5310. of the Revised Code, shall affect any remedy which any person aggrieved or injured by such act has at law or in equity against the person who has committed such act, or against his estate , or against the county recorder, or examiner of titles, or the sureties on their official bonds.

Section 5310.21 | Construction.

...Sections 5309.02 to 5310.21, inclusive, of the Revised Code shall be construed liberally for the purpose of effecting its general intent.

Section 5310.31 | Abolition of registration definitions.

...es or encumbrances affecting registered land, as provided in sections 5309.06, 5309.24, 5309.28, 5309.34, 5309.93, 5310.02, and 5310.03 of the Revised Code or in any other statute having a similar effect. (B) "Date of implementation" means the date, set by the county recorder under section 5310.38 of the Revised Code, as the date upon which implementation of a resolution of abolition is to begin. (C) "Land registra...

Section 5310.32 | County resolution to consider merits of abolishment of land registration.

...on to consider the merits of abolishing land registration in the county. When a resolution of abolition has previously failed of adoption, it is not in order for the board to adopt a resolution under this section unless two years have elapsed since the date on which the last resolution of abolition failed of adoption.

Section 5310.33 | Costs and benefits of maintaining land registration system.

...on to consider the merits of abolishing land registration, the board of county commissioners shall collect evidence with regard to the costs and benefits of maintaining a land registration system in the county. The board shall collect the evidence by means of a public hearing, and by means of independent studies, investigations, interviews, surveys, and other research that it conducts or causes to be conducted. The b...

Section 5310.34 | Relevant evidence of costs and benefits of maintaining land registration system.

...the costs and benefits of maintaining a land registration system in a county includes, but is not limited to, evidence with regard to the following: (A) The monetary cost to a landowner of initially registering land in the county; (B) The monetary cost to a landowner or other person of registering subsequent conveyances and encumbrances in the county, as compared to the monetary cost to a landowner or other person ...

Section 5310.35 | Public hearing.

...hat the board is considering abolishing land registration in the county, that abolition would require the deregistration of all registered land in the county, and that after abolition all land in the county would have to be dealt with as nonregistered land; (b) A statement that the board seeks evidence with regard to the matters listed in section 5310.34 of the Revised Code; (c) The date, time, and place of th...

Section 5310.36 | Determination to abolish land registration system.

...ts exceed the benefits of maintaining a land registration system in the county. If the board so finds, it may adopt a resolution of abolition that makes specific findings with regard to the costs and benefits and requires abolition of land registration in the county. If such a resolution of abolition is adopted, abolition of land registration shall be implemented as provided in section 5310.38 of the Revised Code.

Section 5310.38 | Implementation of resolution of abolition.

...n which implementation of abolition of land registration in the county is to begin. The date thus set, which is the "date of implementation," shall be not later than one month after the day upon which the resolution was adopted. If one or more parcels of land registered in the county lie partly in another county or counties, the recorder shall send a copy of the notice required by the preceding paragraph to the...

Section 5310.41 | Registered land after abolition of system.

... the date of implementation, registered land in a county that has abolished land registration shall be dealt with the same as if it were not registered land, and instruments for its conveyance or encumbrance shall be recorded in the traditional recordation system, not in the land registration system. Until there has been a conveyance of the entire fee of such land, in preparing the prior instrument reference on each ...