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Home » US Law » 2022 Ohio Revised Code » Title 53 | Real Property » Chapter 5301 | Conveyances; Encumbrances

Section 5301.011 | Recorded Instrument to Contain Volume and Page Reference.

Effective: January 23, 1963 Latest Legislation: House Bill 1 – 105th General Assembly A recorded grant, reservation, or agreement creating an easement or a recorded lease of any interest in real property shall contain a reference by volume and page to the record of the deed or other recorded instrument under which the grantor claims […]

Section 5301.02 | Words Necessary to Create a Fee Simple Estate.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The use of terms of inheritance 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, […]

Section 5301.03 | Grantee as Trustee or Agent.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly “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 […]

Section 5301.04 | Deed, Mortgage, or Lease of a Married Person.

Effective: February 1, 2002 Latest Legislation: House Bill 279 – 124th General Assembly A deed, mortgage, or lease 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.

Effective: September 30, 2021 Latest Legislation: House Bill 110 – 134th General Assembly (A) Discriminatory restrictive covenants in 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 […]

Section 5301.057 | Transfer Fee Covenant.

Effective: March 22, 2013 Latest Legislation: House Bill 274 – 129th General Assembly (A) As used in this section: (1) “Environmental covenant” means (a) A servitude that imposes 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 […]

Section 5301.06 | Instruments Executed According to Law of Place Where Made.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 […]

Section 5301.07 | Delivery and Acceptance of Real Property Instrument; Presumptions.

Effective: April 6, 2017 Latest Legislation: Senate Bill 257 – 131st General Assembly (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 […]

Section 5301.072 | Deed Restrictions Prohibiting Placement of Flag Unenforceable.

Effective: March 21, 2017 Latest Legislation: House Bill 18 – 131st General Assembly (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) […]

Section 5301.08 | Certain Leases Unaffected.

Effective: February 1, 2002 Latest Legislation: House Bill 279 – 124th General Assembly 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 […]

Section 5301.09 | Recording Lease of Natural Gas and Petroleum.

Effective: March 23, 2015 Latest Legislation: House Bill 9 – 130th General Assembly In recognition 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 […]

Section 5301.10 | Parties Defendant in Suits to Cancel Leases.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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, […]

Section 5301.11 | Effect of Destruction of Building Upon Lessee.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 […]

Section 5301.12 | Purchaser at Tax Sale.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 […]

Section 5301.13 | Mode of Conveyance by State.

Effective: September 30, 2021 Latest Legislation: House Bill 110 – 134th General Assembly 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 […]

Section 5301.14 | Copy of Record of Lost Deed to Be Evidence.

Effective: September 30, 2021 Latest Legislation: House Bill 110 – 134th General Assembly 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 […]

Section 5301.15 | Governor May Execute New Deed to Supply Lost Conveyance.

Effective: September 30, 2021 Latest Legislation: House Bill 110 – 134th General Assembly 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 […]