Ohio Revised Code Search
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Section 5301.02 | Words necessary to create a fee simple estate.
...nce or succession are not necessary to create a fee simple estate, and every grant, conveyance, or mortgage of lands, tenements, or hereditaments shall convey or mortgage the entire interest which the grantor could lawfully grant, convey, or mortgage, unless it clearly appears by the deed, mortgage, or instrument that the grantor intended to convey or mortgage a less estate. |
Section 5301.03 | Grantee as trustee or agent.
..."Trustees," "as trustee," or "agent," or words of similar import, following the name grantee in any deed of conveyance or mortgage of land executed and recorded, without other language showing a trust or expressly limiting the grantee's or mortgagee's powers, or for whose benefit the same is made, or other recorded instrument showing such trust and its terms, do not give notice to or put upon inquiry any person deali... |
Section 5301.04 | Deed, mortgage, or lease of a married person.
... of any interest of a married person in real property shall be signed, acknowledged, and certified as provided in section 5301.01 of the Revised Code. |
Section 5301.05 | Discriminatory restrictive covenants - void.
...deeds limiting the transfer or lease of real property to individuals against whom discrimination is prohibited by division (H)(1) of section 4112.02 of the Revised Code are void. If an attorney, in preparing a deed, discovers a discriminatory covenant that is void under this section, the attorney may omit the discriminatory restrictive covenant from the new deed with immunity from civil liability. (B) Omission of a... |
Section 5301.057 | Transfer fee covenant.
...mposes activity and use limitations on real property and meets the requirements of section 5301.82 of the Revised Code; (b) A conservation easement or agricultural easement as defined in section 5301.67 of the Revised Code. (2) "Transfer" means the sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state. (3) "Transfer fee" means a fee ... |
Section 5301.06 | Instruments executed according to law of place where made.
...All deeds, mortgages, powers of attorney, and other instruments of writing for the conveyance or encumbrance of lands, tenements, or hereditaments situated within this state, executed and acknowledged, or proved, in any other state, territory, or country in conformity with the laws of such state, territory, or country, or in conformity with the laws of this state, are as valid as if executed within this state, in con... |
Section 5301.07 | Delivery and acceptance of real property instrument; presumptions.
...(A) As used in this section, "real property instrument" means a deed, mortgage, and installment contract, lease, memorandum of trust, power of attorney, or any instrument accepted by the county recorder under section 317.08 of the Revised Code. (B)(1) When a real property instrument is delivered to and accepted by the county recorder of the county in which the real property is situated, and is signed and acknowledge... |
Section 5301.071 | Validity of instruments not affected by certain actions or omissions.
...No instrument conveying real property, or any interest in real property, and of record in the office of the county recorder of the county within this state in which that real property is situated shall be considered defective nor shall the validity of that conveyance be affected because of any of the following: (A) The dower interest of the spouse of any grantor was not specifically released, but that spouse execu... |
Section 5301.072 | Deed restrictions prohibiting placement of flag unenforceable.
...(A) No covenant, condition, or restriction set forth in a deed, and no rule, regulation, bylaw, or other governing document or agreement of a homeowners, neighborhood, civic, or other association, shall prohibit or be construed to prohibit any of the following: (1) The placement on any property of a flagpole that is to be used for the purpose of displaying the flag of the United States, the flag of the state as def... |
Section 5301.08 | Certain leases unaffected.
...Sections 5301.01 to 5301.45 of the Revised Code do not affect the validity of any lease of lands appropriated by congress for the support of schools or for ministerial purposes for any term not exceeding ten years or of any other lands for any term not exceeding three years or require that lease to be acknowledged or recorded. |
Section 5301.09 | Recording lease of natural gas and petroleum.
...ognition that such leases and licenses create an interest in real estate, all leases, licenses, and assignments thereof, or of any interest therein, given or made concerning lands or tenements in this state, by which any right is granted to operate or to sink or drill wells thereon for natural gas and petroleum or either, or pertaining thereto, shall be filed for record and recorded in such lease record without delay... |
Section 5301.10 | Parties defendant in suits to cancel leases.
...The plaintiff in an action to cancel a lease or license mentioned in section 5301.09 of the Revised Code, or in any way involving it, in order to finally adjudicate and determine all questions involving such lease or license in such action, need only make those persons defendants, so far as such lease or license is involved, who claim thereunder and are in actual and open possession, and those who then appear of reco... |
Section 5301.11 | Effect of destruction of building upon lessee.
...The lessee of a building which, without fault or neglect on his part, is destroyed or so injured as to be unfit for occupancy, is not liable to pay rent to the lessor or owner thereof, after such destruction or injury, unless otherwise expressly provided by written agreement or covenant. The lessee thereupon must surrender possession of such premises. |
Section 5301.12 | Purchaser at tax sale.
...When real estate is sold at tax sale, and the purchaser has received a deed therefor, and it has been placed upon the tax duplicate in his name, or those claiming under him, who openly and notoriously claim the title and ownership to such property, and pay the taxes thereon, as against any title acquired by deed executed after such tax sale, such facts are prima-facie evidence of the possession of such real estate b... |
Section 5301.13 | Mode of conveyance by state.
...All conveyances of real estate, or any interest therein, sold on behalf of the state shall be drafted by the director of administrative services, executed in the name of the state, signed by the governor, countersigned by the secretary of state, and sealed with the great seal of the state. The director of administrative services thereupon must record such conveyance in books to be kept by the director of administrati... |
Section 5301.14 | Copy of record of lost deed to be evidence.
...When a title deed, recorded by the director of administrative services as required by section 5301.13 of the Revised Code, or recorded in the office of the secretary of state, the record of which is required to be kept in the office of the director of administrative services, has been lost or destroyed by accident, without having been recorded in the county recorder's office, on demand and tender of the fees therefor... |
Section 5301.15 | Governor may execute new deed to supply lost conveyance.
...When a deed executed for land purchase from the state is lost or destroyed, or when a person who has an interest in such land, by the use of diligence cannot find it, and no record exists from which a certified copy can be made to supply the evidence of such deed, or when a certificate of the purchase of land sold at a land office of this state, or any other contract, bond, or memorandum evidencing a purchase of land... |
Section 5301.16 | Execution of conveyance by state when purchaser dies before deed made.
...When the purchaser of land from the state dies before a deed is made, and the lands pass to another by descent or devise, and the title still remains in him, or when the person to whom the lands have so passed has conveyed them or his interest therein to another person, by deed of general warranty or quitclaim, upon the proof of such facts being made to him and the attorney general, the governor shall execute the dee... |
Section 5301.17 | New deed from state to correct errors.
...When, from satisfactory evidence, it appears to the governor and attorney general that an error has occurred in a deed executed and delivered in the name of the state, or in the certificate of any public officer, upon which, if correct, a conveyance would be required from the state, the governor shall correct such error by the execution of a correct title deed, according to the intent and object of the original purch... |
Section 5301.18 | Deeds from state must recite facts.
...All deeds executed under sections 5301.15, 5301.16, and 5301.17 of the Revised Code must recite the facts, as ascertained by the governor and attorney general, upon the proof of which they are executed, and shall be recorded in the office of the director of administrative services. |
Section 5301.19 | Release of mortgage to the state.
...l interest due thereon, is paid to the treasurer of state, or other person authorized to receive it, the governor shall sign and deliver to the mortgagor, his heirs, or assigns, a deed of release of the real estate so mortgaged. |
Section 5301.20 | Reversion to owner of land conveyed to state.
...the state contains a condition that the real estate so conveyed shall revert to the grantor on the payment of a certain sum of money, or on the performance of other conditions, and the money, with legal interest thereon, from the time it was due or payable, is paid to the treasurer of state, or other person authorized to receive it, or the other conditions stated in such deed are performed according to the stipulatio... |
Section 5301.21 | Adjoining owners may fix corner or line.
...When the owners of adjoining tracts of land, or of lots in a municipal corporation, agree upon the site of a corner or line common to such tracts or lots, in a written instrument containing a pertinent description thereof, either with or without a plat, executed, acknowledged, and recorded as are deeds, such corner or line thenceforth shall be established as between the parties to such agreement, and all persons subs... |
Section 5301.22 | Effect of agreement with a guardian.
...As used in this section, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness 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 t... |
Section 5301.23 | Mortgage effective dates.
...(A) All properly executed mortgages shall be recorded in the office of the county recorder of the county in which the mortgaged premises are situated and shall take effect at the time they are delivered to the recorder for record. If two or more mortgages pertaining to the same premises are presented for record on the same day, they shall take effect in the order of their presentation. The first mortgage presented sh... |