Ohio Revised Code Search
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Section 5301.36 | Entry of satisfaction.
...tisfaction and the current owner of the real property to which the mortgage pertains may recover, in a civil action, damages of two hundred fifty dollars. This division does not preclude or affect any other legal remedies or damages that may be available to the mortgagor. (2) A mortgagor or current owner of the real property shall not be eligible to collect the damages described in division (C)(1) of this section v... |
Section 5301.361 | Unreleased mortgages; liability for damages for failure to record.
...sed Code. (2) The current owner of the real property to which such a mortgage pertains shall provide the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the effective date of this section and may recover damages in a civil action for failure to comply with division (D)(2) of that section pursuant to division (E) of that section. (B)(1) With respe... |
Section 5301.37 | Recording of separate instruments.
...Whenever the county recorder in making photostatic or photographic records leaves no margin suitable for the entering or recording of assignments, cancellations, or further transactions relating to the instruments so recorded, or whenever such margin is completely filled with assignments, cancellations, or further transactions relating to the instruments so recorded, such transactions shall be effected by separate in... |
Section 5301.38 | Record of patents, copies, and exemplifications.
...Patents for lands lying within this state, granted to any person by the president of the United States, and copies of such patents, certified under the official seal of the commissioner of the general land office of the United States, and exemplifications of the record of the general land office of any patent recorded there, may be recorded in the office of the county recorder of the county in which such lands, or a ... |
Section 5301.39 | When court to order clerk to make entry on record of mortgage.
... affecting mortgages and other liens on real property, the court order for proper entry as referred to in this section, or certified copy thereof, may constitute the separate instrument and shall be recorded according to the type of action involved. |
Section 5301.40 | Mortgage or lien satisfied by suit.
...When a mortgage or other lien is satisfied or declared void, in whole or in part, by a judgment, final order, or decree, the clerk of the court in which the proceedings are had shall enter upon the record of the mortgage or other lien, in the county recorder's office where it is recorded, a memorandum of the character of the proceedings, giving also the volume and page of the record where they are recorded. The cler... |
Section 5301.41 | Effect of reversal of judgment.
...If the final judgment, order, or decree referred to in section 5301.39 of the Revised Code, upon which the entry of release, satisfaction, change of title, or partition is based, or in which the order for release, satisfaction, or record is included, is reversed, vacated, or modified, such reversal, vacation, or modification, so far as it applies to such memorandum, release, or satisfaction of such mortgage or other ... |
Section 5301.42 | Effect of entry by clerk.
...udgment, order, or decree an effect, by reason of the entry thereof in the county recorder's office, other than that which it would have had without such entry. |
Section 5301.43 | Certified copy of record of instrument as evidence.
...A copy of the record of a deed or other instrument of writing, certified by the county recorder with his official seal affixed thereto, shall be received in all courts and places within this state, as prima-facie evidence of the existence of such instrument, and as conclusive evidence of the existence of such record. |
Section 5301.44 | Certified copy of record in action to cure defects.
...When a conveyance of real estate has been executed in which there is a mistake, defect, or omission in the description of the lands, execution, acknowledgment, or otherwise, and it has been recorded in the county recorder's office of the county where the lands are or were situated at the time of such record, the record or a certified copy thereof in an action to cure or supply such defect, mistake, or omission, or to... |
Section 5301.45 | Instrument executed and acknowledged upon different sheets.
...ed to convey or encumber an interest in real estate is not printed or written on a single sheet, or when the certificate of acknowledgment thereof is not printed or written on the same sheet with the instrument, and such defective conveyance is corrected by the judgment of a court, or by the voluntary act of the parties thereto, such judgment or act shall relate back so as to be operative from the time of filing the ... |
Section 5301.46 | Assignment, release, or cancellation of interest made by separate instrument to contain description.
...nt other than the writing in which was created the interest in real property that is being assigned, released, or canceled. (B) In any county that maintains sectional indexes pursuant to section 317.20 of the Revised Code, each assignment, release, or cancellation of an interest in real property that is made by a separate instrument shall contain a description of the real property that is subject to the interest suf... |
Section 5301.47 | Marketable title definitions.
...in of title of a person, purporting to create the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty years prior to the time when marketability is being determined. The effective date of the "root of title" is the date on which it is recorded. (F) "Title transaction" means any transaction affecting title... |
Section 5301.48 | Unbroken chain of title of record.
...or other title transaction purports to create such interest, either in: (A) The person claiming such interest; or (B) Some other person from whom, by one or more conveyances or other title transactions of record, such purported interest has become vested in the person claiming such interest; with nothing appearing of record, in either case, purporting to divest such claimant of such purported interest. |
Section 5301.49 | Record marketable title.
..., 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 recorded title transaction which creates such easement, use restriction, or other interest; and provided that possibilities of reverter, and rights of entry or powers of termination for breach of condition subsequent, which interests are inherent in th... |
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.
...e indexed under the description of the real estate involved. The county recorder shall charge the same fees for the recording of such notices as are charged for recording deeds. (C) A notice prepared, executed, and recorded in conformity with the requirements of this section, or a certified copy of it, shall be accepted as evidence of the facts stated insofar as they affect title to the land affected by that n... |
Section 5301.53 | Certain rights not barred or extinguished.
... 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 easement or interest, including any rights for... |
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.
...eral regardless of how the interest is created and of the form of the interest, which may be absolute or fractional or divided or undivided. (4) "Mineral" means gas, oil, coal, coalbed methane gas, other gaseous, liquid, and solid hydrocarbons, sand, gravel, clay, shale, gypsum, halite, limestone, dolomite, sandstone, other stone, metalliferous or nonmetalliferous ore, or another material or substance of comme... |
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.
...hall 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 t... |
Section 5301.67 | Conservation, agricultural easement definitions.
..."Conservation easement" means an incorporeal right or interest in land that is held for the public purpose of retaining land, water, or wetland areas predominantly in their natural, scenic, open, or wooded condition, including, without limitation, the use of land in agriculture when consistent with and in furtherance of the purpose of retaining those areas in such a condition, or retaining their use predominantly as ... |