Ohio Revised Code Search
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Section 5301.53 | Certain rights not barred or extinguished.
...1.56 of the Revised Code; (B) Any easement or interest in the nature of an easement created or held for any railroad or public utility purpose; (C) Any easement or interest in the nature of an easement, the existence of which is clearly observable by physical evidence of its use; (D) Any easement or interest in the nature of an easement, or any rights granted, excepted, or reserved by the instrument creating such ... |
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Section 5301.54 | Effect of changes.
... 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 any instrument affecting land. |
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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. |
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Section 5301.56 | Mineral interests - vesting in surface owner.
... subject to the interest if the requirements established in division (E) of this section are satisfied and none of the following applies: (1) The mineral interest is in coal, or in mining or other rights pertinent to or exercisable in connection with an interest in coal, as described in division (E) of section 5301.53 of the Revised Code. However, if a mineral interest includes both coal and other minerals tha... |
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Section 5301.61 | Removal of fixtures or improvements from mortgaged realty.
...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. |
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Section 5301.63 | Solar access easement requirements.
...For the purpose of ensuring adequate access of solar energy collection devices to sunlight, any person may grant a solar access easement. Such easements shall be in writing and shall be subject to the same conveyance and recording requirements as other easements. Any instrument that grants a solar access easement shall include: (A) A description of the real property burdened and benefited by the solar access easeme... |
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Section 5301.67 | Conservation, agricultural easement definitions.
...f the areas that are appropriate at the time of creation of the conservation easement to achieve one or more of those purposes; and that includes appropriate 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.... |
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Section 5301.68 | Granting conservation or agricultural easement.
...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. |
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Section 5301.69 | Who may acquire conservation or agricultural easement.
...rporation may acquire conservation easements in the name of the state, the district, or the county, township, or municipal corporation in the same manner as other interests in land may be acquired under section 307.02, 307.18, 505.10, 505.261, 511.23, 717.01, 940.06, 1501.01, 1545.11, 6101.15, or 6119.111 of the Revised Code. Each officer, board, or authority acquiring a conservation easement shall name an appropriat... |
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Section 5301.691 | Director of agriculture purchase of agricultural easements.
...questions and concerns. If a meeting is timely requested under division (A)(2) of this section, the director shall not undertake the proposed acquisition or extinguishment until after the meeting has been concluded. The director, upon the director's own initiative and prior to the purchase of an agricultural easement under division (A)(1) of this section or the extinguishment of such an easement, may hold an informa... |
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Section 5301.692 | Holding land or interests in land for purpose of retaining use of land predominantly in agriculture.
... section 5713.30 of the Revised Code or entering into contracts to lease or rent the land or interests in land so held to persons or governmental entities who will use the land predominantly in agriculture. |
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Section 5301.70 | Enforcement of conservation easement.
...ate 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 the requirements of those sections. The terms of a conservation easement may be en... |
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Section 5301.71 | Termination of agricultural leases.
...is authorized to receive remuneration from a tenant under an agricultural lease agreement, and has entered into, or has actual or constructive knowledge of, an agricultural lease agreement. (4) "Tenant" means the person entitled under an agricultural lease agreement to use real property for agricultural purposes to the exclusion of all others. (B)(1) Notwithstanding anything in Chapter 1335. of the Revised Code, ... |
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Section 5301.80 | Environmental covenants - definitions.
...ronmental 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 ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums or to pay for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community.... |
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Section 5301.81 | Holder of environmental covenant.
...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 property. |
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Section 5301.82 | Contents of environmental covenant - required signatures.
...ents for periodic reporting describing compliance with the environmental covenant; (2) A brief narrative description of contamination on the property and its remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination; (3) Limitations on amendment or termination of the environmental covenant in addition to those established in section... |
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Section 5301.83 | Copies of environmental covenant to be provided.
...(A) A copy of an environmental covenant shall be provided to all of the following in a manner required by the applicable agency: (1) Each person that signed the environmental covenant; (2) Each person 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 loca... |
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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... |
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Section 5301.85 | Environmental covenant runs with land - enforceability.
...(A) An environmental covenant that complies with sections 5301.80 to 5301.92 of the Revised Code runs with the land. (B) An environmental covenant that is otherwise effective is valid and enforceable even if any of the following limitations on enforcement of interests applies: (1) It is not appurtenant to an interest in real property. (2) It can be or has been assigned to a person other than the original holder. ... |
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Section 5301.86 | Antecedent interests in real property - subordination agreement.
.... If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person who is authorized by the common interest community. (D) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that persons's interest, but does not by itself impose any affirmative obligation on the person with respect to the env... |
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Section 5301.87 | Zoning regulations and prior instruments.
... real property, or by a recorded instrument that has priority over an environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than sections 5301.80 to 5301.92 of the Revised Code. |
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Section 5301.88 | Filing and recording of environmental covenants.
...ded in division (B) of this section, an environmental covenant and any amendment or termination of the environmental covenant shall be filed in the office of the county recorder of each county in which the real property that is subject to the environmental covenant is located and shall be recorded in the same manner as a deed to the property. For purposes of indexing, a holder shall be treated as a grantee. (B) Purs... |
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Section 5301.89 | Environmental covenant perpetual - exceptions - judicial termination - limitation.
...s terminated or modified in an eminent domain proceeding, but only if all of the following apply: (a) The agency that signed the environmental covenant is a party to the proceeding. (b) All persons identified in divisions (A) and (B) of section 5301.90 of the Revised code are given notice of the pendency of the proceeding. (c) The court determines, after a hearing, that the termination or modification will not adv... |
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Section 5301.90 | Amendment or termination of environmental covenant by consent - assignment.
...(A) of this section. (E) A court of competent jurisdiction may fill a vacancy in the position of holder. |
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Section 5301.91 | Civil action for violation - regulatory authority - liability.
...otection agency; (4) Any person to whom the environmental covenant expressly grants the authority to maintain such an action; (5) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the environmental covenant; (6) A unit of local government in which the real property that is subject to the environmental covenant is located; (7) An origi... |