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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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

...apter 5310. of the Revised Code to be filed or kept in the office of the county recorder, including, 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 re...

Section 5309.98 | Rules of practice and procedure.

... 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, within the district, in any matter arising under this chapter or Chapter 5310. of the Revised Code.

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

...No county recorder or deputy, while in office, shall directly or indirectly accept any employment, or be interested in fees arising from such employment, as attorney, agent, or otherwise, 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.

...Every transferee, mortgagee, 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 provide...

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

...ificate 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 title and memori...

Section 5310.04 | Powers of courts.

... probate court and the court of common pleas on the application of any party in interest, in any matter, suit, or proceeding 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 ...

Section 5310.05 | [Repealed effective 9/30/2025 by H.B. 96, 136th General Assembly] Assurance fund rate.

...the original registration of land, the clerk of the probate court or the clerk of the court of common pleas shall be paid one-tenth of one per cent of the assessed value of the land, on the basis of the last assessment for general taxation, for the purposes of an assurance fund.

Section 5310.06 | [Repealed effective 9/30/2025 by H.B. 96, 136th General Assembly] Monthly payments of money to treasurer of state - investment of funds.

...All money received by the clerk of the probate court or the clerk of the court of common pleas under section 5310.05 of the Revised Code shall be paid at least once a month to the treasurer of state, who shall, with the advice and approval of the secretary of state and the auditor of state, invest, reinvest, and keep invested such funds in bonds and securities of the United States, or of this state, or of any c...

Section 5310.07 | [Repealed effective 9/30/2025 by H.B. 96, 136th General Assembly] Right of action by registered owners for loss or damage by fraud, mistake, or error.

...ry 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...

Section 5310.08 | [Repealed effective 9/30/2025 by H.B. 96, 136th General Assembly] Against whom actions shall be brought.

... his deputies, or of any examiner of titles, in the performance of executive or ministerial duties, or of any of the assistants or clerks of the recorder, in the performance of their respective duties, the action shall be brought against the treasurer of state and such officers and the sureties on their bonds as are within the jurisdiction of the court of common pleas as defendants. If such action is brought to recov...

Section 5310.09 | [Repealed effective 9/30/2025 by H.B. 96, 136th General Assembly] Amount of damages shall be paid from assurance fund.

...efendants is returned unsatisfied in whole or in part, and the officer returning the execution certifies that the amount still due upon the execution cannot be collected except by application to the indemnity fund. Thereupon, the court of common pleas, being satisfied as to the truth of such return, shall order final judgment against the treasurer of state for the amount of the execution and costs, or so much thereof...

Section 5310.10 | [Repealed effective 9/30/2025 by H.B. 96, 136th General Assembly] Attorney general shall defend actions.

...lance unpaid shall draw interest at the legal rate of interest, and be paid with such interest out of the first funds coming into the fund.

Section 5310.11 | [Repealed effective 9/30/2025 by H.B. 96, 136th General Assembly] Assurance fund not liable for loss or damage occasioned by breach of trust.

...05 of the Revised Code shall not be liable in any action to pay for any loss, damage, or deprivation occasioned by a breach of trust, whether express, implied, or constructive, by any registered owner who is a trustee. Final judgment shall not be entered against the treasurer of state in any action to recover from the assurance fund more than the fair market value of the real estate at the time the plaintiff suffere...

Section 5310.12 | [Repealed effective 9/30/2025 by H.B. 96, 136th General Assembly] Limitation of actions.

... or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide. No action or proceeding for compensation from the assurance fund provided for in section 5310.05 of the Revised Code for,...

Section 5310.13 | [Repealed effective 9/30/2025 by H.B. 96, 136th General Assembly] Subrogation.

...In every case in which payment has been made from the assurance fund provided for in section 5310.05 of the Revised Code by the treasurer of state, the state shall be subrogated to all rights of the plaintiff against any other parties or securities, and the treasurer of state and attorney general shall enforce such rights in behalf of the state. Amounts so recovered by the state shall be paid into the treasury of the...

Section 5310.14 | [Repealed effective 9/30/2025 by H.B. 96, 136th General Assembly] Application of income of assurance fund.

...The income of the assurance fund provided for in section 5310.05 of the Revised Code shall be added to the principal and invested, until such fund amounts to three hundred thousand dollars, and thereafter the income of such fund shall be used to defray the expense of the administration of sections 5309.02 to 5310.21, inclusive, of the Revised Code, instead of being added to the fund and accumulated.

Section 5310.15 | Fees.

...r the county recorder. Examiners of titles shall receive for examining title or original reference, and making report on all matters arising under the application, including final certificate as to all necessary parties being made and properly brought before the probate court or the court of common pleas, and as to the proceedings being regular and legal, one half of one per cent of the appraised tax value, the fee ...

Section 5310.16 | Conviction no bar to civil action.

... 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.

...stem" mean the system of registering titles and conveyances and encumbrances of land provided for in Chapter 5309. and sections 5310.01 to 5310.21 of the Revised Code. (D) "Nonabolishing county" means, in the case of a parcel of registered land that lies partly in two or more counties, one of which counties has abolished land registration, the county or counties that have not abolished land registration. (E) "Resol...

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

...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.

... 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 board shall conduct the public hearing as provided in section 5...

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

...er or his deputies, any examiner of titles, or any of the recorder's assistants or clerks in connection with the land registration and traditional recordation systems; (M) The advantages commonly cited by proponents of land registration, and the degree to which operation of the county's land registration system has achieved those advantages; (N) The disadvantages commonly cited by opponents of land registration, a...

Section 5310.35 | Public hearing.

... Publication of the notice shall be completed at least one month prior to the date set for the hearing. (B) At the date, time, and place specified in the notice, the board shall conduct a hearing, which may be adjourned from day to day until complete, at which any person affected by the proposed abolition of land registration may appear in person, by attorney, or both, and present evidence, orally or in writing...

Section 5310.36 | Determination to abolish land registration system.

...lition of land registration shall be implemented as provided in section 5310.38 of the Revised Code.