Ohio Revised Code Search
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Section 5301.47 | Marketable title definitions.
...ds in the office of the recorder of the county in which all or part of the land is situate. (C) "Recording," when applied to the official public records of the probate or other court, includes filing. (D) "Person dealing with land" includes a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land contract vendee, or any other person seeking to acquire an estate or interest... |
Section 5301.48 | Unbroken chain of title of record.
...Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for forty years or more, has a marketable record title to such interest as defined in section 5301.47 of the Revised Code, subject to the matters stated in section 5301.49 of the Revised Code. A person has such an unbroken chain of title when the official public records disclose a conv... |
Section 5301.49 | Record marketable title.
...Such record marketable title shall be subject to: (A) All interests and defects which are inherent in the muniments of which such chain of record title is formed; provided that a general reference in such muniments, or any of them, to easements, use restrictions, or other interests created prior to the root of title shall not be sufficient to preserve them, unless specific identification be made therein of a recorde... |
Section 5301.50 | Interests prior to effective date of root of title.
...Subject to the matters stated in section 5301.49 of the Revised Code, such record marketable title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims, or charges whatsoever, the existence of which depends upon any act, transaction, event, or omission that occurred prior to the effective date of the root of title. All such interests, claims, or cha... |
Section 5301.51 | Preservation of interest in land.
...(A) Any person claiming an interest in land may preserve and keep effective the interest by filing for record during the forty-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in compliance with section 5301.52 of the Revised Code. No disability or lack of knowledge of any kind on the part of anyone suspends the running ... |
Section 5301.52 | Notice and filing of claim of interest in land.
... filed for record in the office of the county recorder of the county or counties where the land described in it is situated. The county recorder of each county shall accept all such notices presented that describe land situated within the county, and shall enter and record them in the official records of that county, and shall index each notice in the direct index under the names of the claimants appearing in t... |
Section 5301.53 | Certain rights not barred or extinguished.
...The provisions of sections 5301.47 to 5301.56 of the Revised Code shall not be applied to bar or extinguish any of the following: (A) Any lessor or his successor as reversioner of his right to possession on the expiration of any lease, or any lessee or his successor of his rights in and to any lease, except as may be permitted under section 5301.56 of the Revised Code; (B) Any easement or interest in the nature of... |
Section 5301.54 | Effect of changes.
...Nothing contained in sections 5301.47 to 5301.56, inclusive, of the Revised Code, shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as provided in sections 5301.47 to 5301.56, inclusive, of the Revised Code, to affect the operation of any statutes governing the effect of the recording or the failure to record... |
Section 5301.55 | Liberal construction of statutes.
...Sections 5301.47 to 5301.56, inclusive, of the Revised Code, shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in section 5301.48 of the Revised Code, subject only to such limitations as appear in section 5301.49 of the Revised Code. |
Section 5301.56 | Mineral interests - vesting in surface owner.
...tion only shall be effective as to the property of the owner that filed the affidavit of abandonment under division (E) of this section. (I) For purposes of a recording under this section, a county recorder shall charge the fee established under section 317.32 of the Revised Code. |
Section 5301.61 | Removal of fixtures or improvements from mortgaged realty.
...No person having an interest in real property, buyer, lessee, tenant, or occupant of real property, knowing that such real property is mortgaged or the subject of a land contract, shall remove, or cause or permit the removal of any improvement or fixture from such real property without the consent of the mortgagee, vendor under the land contract, or other person authorized to give such consent. |
Section 5301.63 | Solar access easement requirements.
...include: (A) A description of the real property burdened and benefited by the solar access easement; (B) A description of the limits in heights, locations, or both, of permissible development on the burdened land in terms of structures, vegetation, or both, for the purpose of providing solar access for the benefited land; (C) Any terms or conditions under which the solar access easement is granted or may be termin... |
Section 5301.67 | Conservation, agricultural easement definitions.
... provisions for the holder to enter the property subject to the easement at reasonable times to ensure compliance with its provisions. (B) "Agriculture" means those activities occurring on land devoted exclusively to agricultural use, as defined in section 5713.30 of the Revised Code, or on land that constitutes a homestead. (C) "Agricultural easement" means an incorporeal right or interest in land that is held for... |
Section 5301.68 | Granting conservation or agricultural easement.
...and that is valued for purposes of real property taxation at its current value for agricultural use under section 5713.31 of the Revised Code or that constitutes a homestead when the easement is granted. All conservation easements and agricultural easements shall be executed and recorded in the same manner as other instruments conveying interests in land. |
Section 5301.69 | Who may acquire conservation or agricultural easement.
...and that is valued for purposes of real property taxation at its current value for agricultural use under section 5713.31 of the Revised Code or that constitutes a homestead when the easement is granted. |
Section 5301.691 | Director of agriculture purchase of agricultural easements.
...and that is valued for purposes of real property taxation at its current value for agricultural use under section 5713.31 of the Revised Code or that constitutes a homestead when the easement is granted. (G) An agricultural easement acquired by the director under division (A) of this section may be extinguished if an unexpected change in the conditions of or surrounding the land that is subject to the easement makes... |
Section 5301.692 | Holding land or interests in land for purpose of retaining use of land predominantly in agriculture.
...ty of a municipal corporation, board of county commissioners of a county, or board of township trustees of a township, in addition to the legislative authority's or board's other powers, may hold land or interests in land for the purpose of retaining the use of the land predominantly in agriculture. The authority and boards may do all things necessary or appropriate to achieve that purpose, including, without limita... |
Section 5301.70 | Enforcement of conservation easement.
...Conservation easements are not unenforceable for lack of privity of contract or estate or lack of benefit to a particular dominant estate. Conservation easements are assignable to another entity authorized to hold conservation easements. Nothing in sections 5301.67 to 5301.70 of the Revised Code affects the enforceability of any article of dedication, restriction, easement, covenant, or condition that does not meet ... |
Section 5301.71 | Termination of agricultural leases.
...oncerning the use and occupancy of real property by one of the parties for agricultural purposes. (2) "Agricultural purposes" means the use and occupancy of real property for the planting, growing, and harvesting of crops and all practices necessary for that planting, growing, and harvesting. It does not mean the use and occupancy of real property for pasture, timber, farm buildings, horticultural buildings, or lea... |
Section 5301.80 | Environmental covenants - definitions.
...f the Revised Code with respect to real property. (B) "Agency" means the environmental protection agency or any other state or federal agency that determines or approves the environmental response project pursuant to which an environmental covenant is created. (C) "Common interest community" means a condominium, a cooperative, or other real property with respect to which a person, by virtue of the person's owne... |
Section 5301.81 | Holder of environmental covenant.
...erson that owns an interest in the real property that is the subject of an environmental covenant, may be a holder. An environmental covenant may identify more than one holder. (B) The interest of a holder is an interest in real property. However, a right of an agency under sections 5301.80 to 5301.92 of the Revised Code or under an environmental covenant, other than a right as a holder, is not an interest in real p... |
Section 5301.82 | Contents of environmental covenant - required signatures.
...ally sufficient description of the real property that is subject to the environmental covenant; (3) A description of the activity and use limitations on the real property; (4) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in the use of, applications for building permits for, or proposals for any site work affecting contamination on, the property that is subjec... |
Section 5301.83 | Copies of environmental covenant to be provided.
...holding a recorded interest in the real property that is subject to the environmental covenant; (3) Each person in possession of the real property that is subject to the environmental covenant; (4) Each unit of local government in which the real property that is subject to the environmental covenant is located; (5) Any other person that the agency requires. (B) The validity of an environmental covenant is not aff... |
Section 5301.84 | Obligations under environmental covenant.
...An agency is bound by any obligation that it expressly assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations that the person assumes in the environmental covenant, but signing the environmental covenant does not change obligations, rights, or protections that are gra... |
Section 5301.85 | Environmental covenant runs with land - enforceability.
... not appurtenant to an interest in real property. (2) It can be or has been assigned to a person other than the original holder. (3) It is not of a character that has been recognized traditionally at common law. (4) It imposes a negative burden. (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder. (6) The benefit or burden of the environmental covenant do... |