Ohio Revised Code Search
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Section 5309.21 | Effect of decree dismissing application.
...t prejudice, in whole or in part; but unless it is so ordered it shall bind the parties, their privies, and the land in respect to any issue of fact or law which has been tried and determined. The dismissal of the application of the plaintiff shall in no way affect any cross-petition filed in the case, but the issues raised by such cross-petition may be tried and determined by the court notwithstanding such dismissal... |
Section 5309.22 | Death of applicant.
...erests, but subject to the right of the creditors of the deceased to have said land sold to pay his debts and subject to the right to contest any will of such deceased applicant. The personal representative of the deceased, the relict, or any of said heirs or devisees may by supplemental petition set up the facts relating to the transmission of the title to said land by reason of the death of the original applicant a... |
Section 5309.23 | Decree of confirmation and registration - effect.
...e probate court or the court of common pleas after a hearing in a land registration case finds that the applicant has title in whole or in part as stated in his application, and proper for registration, then to the extent of the title so found a decree of confirmation and registration shall be entered, which shall have the effect of a decree in rem and, subject only to the exceptions stated in section 5309.28 of the ... |
Section 5309.24 | Contents of decree of registration.
...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) ... |
Section 5309.25 | Register of titles - duties of county recorder and clerk.
... a book to be called the register of titles, in which leaves in consecutive order shall be devoted exclusively to each title, with appropriate blanks for the entry of memorials and notations. The recorder shall note in the register the day, hour, and minute when the decree is filed with the recorder. The entry made by the recorder in the register in each case shall be the original certificate of title and shal... |
Section 5309.26 | Entering original certificate of title.
...el of land shall, in the register of titles, be entitled "Original certificate of title, entered pursuant to decree of the _________ court, dated at _______ (stating time and place of entry of decree and the number of the case)." Such certificate shall relate back to and take effect from the date of the order or decree directing registration, and all dealings with the land, and all statutory or other liens upon it su... |
Section 5309.27 | Certificates to owners as tenants in common - duplicate certificates.
...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 surrende... |
Section 5309.28 | Holder of certificate of title holds free from encumbrances - exceptions.
... out or acquired by law or otherwise, unless the certificate of title states that the nonexistence of the way or the boundaries of the way, if any boundaries exist, have been determined by the court; (4) Any lease for a term not exceeding three years, when there is actual possession under the lease; (5) Right of appeal within thirty days after decree of registration; (6) If there are easements or other rights appu... |
Section 5309.281 | Restrictive covenants constituting unlawful discriminatory practices.
...ranscribe or bind in the register of titles and, if applicable, file a certified copy of a decree of registration sent by the clerk of a probate court pursuant to section 5309.25 of the Revised Code, if the decree sets forth any restrictive covenant that appears to apply to the land involved and any inclusion of the restrictive covenant in a transfer, rental, or lease of housing accommodations, any honoring or exerci... |
Section 5309.29 | Decree and certificate of title run with the land.
...ng with the land that the land shall, unless the owner complies with the provisions of section 5309.68 of the Revised Code or unless a resolution of abolition is implemented under section 5310.38 of the Revised Code, remain registered land and be subject to sections 5309.02 to 5310.21 of the Revised Code. Such agreement is binding on the applicant and the successors in title. All dealings with the land or any interes... |
Section 5309.30 | Signature and address of owner taken and preserved.
... in every case in which it is practicable to do so, the owner's receipt or signature card, giving the residence and post-office address, for the certificate of title, or whatever paper is issued or delivered to or filed by the owner, signed by the owner in person and witnessed. If the receipt or signature card is signed in the recorder's office, it may be witnessed by the recorder or a deputy. If signed elsewhe... |
Section 5309.31 | Lost or destroyed certificate of title.
...If a duplicate certificate of title is lost or destroyed, the owner, together with other persons having knowledge of the circumstances, may make affidavit before the county recorder, stating the facts of the case, the names and residences of the registered owners, and such other matters that the recorder requires. If the recorder is satisfied as to the truth of such affidavit, and the bona fides of the transaction, h... |
Section 5309.32 | Records of surveys of registered land.
...l be entered on the register of land titles on each certificate of title to said land thereafter issued. |
Section 5309.33 | Tract and alphabetical indexes.
...vised Code, the county recorder shall delete from the indexes maintained under this section all references to any restrictive covenant that appears to apply to the transferred registered 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 consti... |
Section 5309.34 | Transferee of registered land not on notice or inquiry.
...n, claim, demand, or interest. The knowledge that any unregistered trust, lien, claim, demand, or interest is in existence shall not of itself be imputed to such transferee as fraud. No unregistered estate, interest, power, right, claim, contract, or trust shall prevail against the title of a registered owner taken bona fide for valuable consideration or of any person bona fide claiming through or under him. |
Section 5309.35 | Record of trusts and exceptional estates in registered land.
...n the folium of the register of land titles in which the land affected is entered, and such reference shall be made to such number in the certificate of title or memorial. |
Section 5309.36 | Certificate notation carried until cancellation.
...ion forward upon all certificates of title until those certificates are canceled in some manner authorized by this chapter or Chapter 5310. of the Revised Code. |
Section 5309.37 | Transfers of registered land - certificate as to taxes and special assessments.
...nd, or of entry upon the register of titles of any memorial of a mortgage or other lien on registered land, the county recorder shall examine the county treasurer's tax duplicates and issue a certificate as to the taxes and special assessments shown thereon to be a lien upon the premises registered in said certificate of title. Such certificate as to taxes and special assessment shall show in whose name the premises... |
Section 5309.38 | Entry book.
...ies of writs or other papers that are filed with the recorder and that relate to registered land. Except as provided in section 5309.281 of the Revised Code, the recorder shall note in the entry book the year, month, day, hour, and minute of reception of all instruments or papers in the order in which they are received and shall enter at the same time the number of an instrument or paper in the appropriate blank spa... |
Section 5309.39 | Instruments shall be filed under proper numbers.
...All duplicate certificates of title and all instruments and memorandums in any way affecting the title to registered land, surrendered to the county recorder for cancellation, and all other instruments, notices, and papers required or permitted under sections 5309.02 to 5310.21, inclusive, of the Revised Code, to be filed with the recorder, shall be filed under their proper file numbers of other designation and caref... |
Section 5309.40 | Transfer of estate by registered owner in fee.
...upon a new folium in the register of titles, shall enter on the new folium in a manner consistent with section 5309.281 of the Revised Code all memorials, notations, and memoranda to which the property is subject at the time of the transfer, and shall issue a new certificate of title to the transferee that states the transferee's full name, place of residence, and post-office address, whether the transferee is marrie... |
Section 5309.41 | Canceled instruments shall be preserved.
... all cases in which a certificate of title, or any other instrument or memorandum affecting registered land, is wholly canceled, it shall be retained by the county recorder and filed in his office under its proper file number and carefully preserved. In all cases where part of the land described in a certificate of title is transferred, the county recorder shall issue a new certificate of title to the transfe... |
Section 5309.42 | Transfer of an estate less than a fee.
... owner desires to transfer to another a lesser estate than the fee, as an estate for life, for years, or other term, or any other kind of lesser estate than a fee, he may do so by executing to the transferee a deed, lease, or other proper instrument of conveyance or transfer of such estate, in any form authorized by law, giving the number of his certificate and other requirements of identification. When such transfer... |
Section 5309.43 | Questions as to instruments presented for registration referred to court of common pleas or to examiner of titles.
...efer such question to an examiner of titles, and upon receipt of his report thereon the recorder shall notify the parties interested and fix a time for hearing. The recorder shall on such hearing make such disposition of said question as to him seems just and proper and in accordance with law. |
Section 5309.44 | New certificate of title issued.
...y deed or other voluntary instrument, unless the owner's duplicate certificate is presented with such instrument, except in cases expressly provided for in sections 5309.02 to 5310.21, inclusive, of the Revised Code, or upon the order of the probate court or the court of common pleas, for cause shown. Whenever such order is made, a memorandum thereof shall be entered on the new certificate of title and on the owner's... |