Ohio Revised Code Search
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Section 5310.05 | Assurance fund rate.
...Upon 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 | Monthly payments of money to treasurer of state - investment of funds.
...ed States, or of this state, or of any county, township, district, or municipal corporation of this state, or in approved mortgages on incomeproducing lands that are registered, provided that no loan shall be made by mortgage on any land which is not assessed, at the latest general assessment, for at least twice the amount of the loan, exclusive of improvements. |
Section 5310.07 | Right of action by registered owners for loss or damage by fraud, mistake, or error.
...ion 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 interes... |
Section 5310.08 | Against whom actions shall be brought.
...mission, mistake, or misfeasance of the county recorder or 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 comm... |
Section 5310.09 | Amount of damages shall be paid from assurance fund.
...In all actions provided for in section 5310.07 of the Revised Code in which there are defendants other than the treasurer of state, and damages have been recovered, no final judgment may be entered against the treasurer of state until execution against the other defendants is returned unsatisfied in whole or in part, and the officer returning the execution certifies that the amount still due upon the execution cannot... |
Section 5310.10 | Attorney general shall defend actions.
...The attorney general shall appear and defend all actions provided for in section 5310.07 of the Revised Code. If the funds in the assurance fund at any time are insufficient to pay any judgment in full, the balance 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 | Assurance fund not liable for loss or damage occasioned by breach of trust.
...The assurance fund provided for in section 5310.05 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 t... |
Section 5310.12 | Limitation of actions.
...ing 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, or by reason of, any deprivation, loss, or damage shall be made, brought or taken, except within a period of six years from the time when... |
Section 5310.13 | 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 | 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.
...ice is sent by mail by the clerk or 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... |
Section 5310.16 | Conviction no bar to civil action.
... 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.
...lementation" 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 registration" and "land registration system" 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 cou... |
Section 5310.32 | County resolution to consider merits of abolishment of land registration.
...A board of county commissioners may adopt a resolution 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.
...lishing 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 board shall conduct the public he... |
Section 5310.34 | Relevant evidence of costs and benefits of maintaining land registration system.
...taining 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 of traditionally recording a c... |
Section 5310.35 | Public hearing.
...The board of county commissioners shall conduct the public hearing required by section 5310.33 of the Revised Code in accordance with this section. (A)(1) The board shall prepare a notice of the hearing that includes each of the following: (a) A statement that the board is considering abolishing land registration in the county, that abolition would require the deregistration of all registered land in the coun... |
Section 5310.36 | Determination to abolish land registration system.
...10.33 of the Revised Code, the board of county commissioners shall review and assess the evidence presented at the public hearing, as well as any other evidence that has been obtained by the board as a result of its independent studies, investigations, interviews, surveys, and other research. The board shall determine, as a result of this review and assessment, whether the costs exceed the benefits of maintaining a ... |
Section 5310.38 | Implementation of resolution of abolition.
...tion of the resolution by the board of county commissioners, the recorder shall notify the board, the clerk of the court of common pleas, and the clerk of the probate court in writing of the adoption of the resolution of abolition and set the date upon 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 th... |
Section 5310.41 | Registered land after abolition of system.
...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 such instr... |
Section 5310.42 | Certificate of title of registered land effect after abolition.
...tles on the date of implementation in a county that has abolished land registration has the following effects on and after such date: (A) Conclusive effect as to conveyances and encumbrances occurring before the date of implementation and noted on the certificate; (B) Conclusive effect as to conveyances and encumbrances occurring before the date of implementation that, as of the date of implementation were not note... |
Section 5310.43 | Pending cases involving application for registration effect after abolition.
...e abolition of land registration in the county. The case shall proceed, in the same manner, and with the same effects, as if land registration had not been abolished, to the entry of either a decree requiring registration or a decree dismissing the application for registration. A party aggrieved by the decree in such a case may appeal as provided in section 5309.84 of the Revised Code. A certificate of title issued ... |
Section 5310.44 | Pending proceeding relating to registered land effect after abolition.
...d that is pending before any court, the county recorder, or an examiner of titles on the date of implementation, including, but not limited to, proceedings arising under section 5309.27, 5309.43, 5309.44, 5309.52, 5309.61, 5309.69, 5309.71, 5309.76, 5309.81, 5309.83, or 5309.84 of the Revised Code, is affected by the abolition of land registration in the county. The proceeding shall be carried through to completion i... |
Section 5310.45 | Certificates of title resulting from pending proceedings.
...On and after the effective date of a certificate of title issued as the result of any proceeding contemplated by section 5310.43 or 5310.44 of the Revised Code, land registered under the certificate 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 h... |