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Home » US Law » 2022 Ohio Revised Code » Title 53 | Real Property » Chapter 5309 | Registration of Land Titles

Section 5309.01 | Registration of Land Title Definitions.

Effective: March 30, 1999 Latest Legislation: Senate Bill 83 – 122nd General Assembly As used in this chapter and Chapter 5310. of the Revised Code: (A) “Certificate of title” includes all memorials and notations noted under a certificate of title. (B) “Trust deed in the nature of a mortgage” is a mortgage and subject to […]

Section 5309.02 | Jurisdiction of the Court of Common Pleas and the Probate Court.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Concurrent jurisdiction, except as otherwise provided, is hereby conferred upon the court of common pleas and the probate court in all maters arising under sections 5309.02 to 5310.21, inclusive, of the Revised Code. The probate court shall have all the powers at […]

Section 5309.03 | Powers of the County Recorder.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly To carry out sections 5309.02 to 5310.21, inclusive, of the Revised Code, the county recorder may administer oaths, issue subpoenas, summons, and other process, serve and cause notices to be served, enforce the attendance of and examine witnesses, compel the production of […]

Section 5309.04 | Examiners of Titles – Qualifications, Bond, Duties.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The court of common pleas in each county shall appoint, subject to removal at any time by said court, one or more examiners of titles, who shall be officers of the court and competent attorneys at law with skill and experience in […]

Section 5309.05 | Persons Permitted to Have Title to Land Registered.

Effective: February 1, 2002 Latest Legislation: House Bill 279 – 124th General Assembly The persons who, singly or collectively, claim to own and to be seized of, or to have the power of appointing or disposing of, the legal or equitable estate in fee in and to the whole of any parcel of land, may […]

Section 5309.06 | Estates or Interests Which May Be Registered – Procedure.

Effective: March 30, 1999 Latest Legislation: Senate Bill 83 – 122nd General Assembly No estate less than a fee simple and no mortgage, lien, or charge of any kind shall be registered unless the fee in possession, remainder, or reversion or other character of fee in and to the land has been registered first or […]

Section 5309.07 | Tax Deed Entitled to Be Registered.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly No title derived from any tax sale or tax deed may be registered unless it appears that title under said tax sale or tax deed has been established and confirmed, or acquired, by a valid judgment or decree of a court of […]

Section 5309.08 | Application to Register Title.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Application to register the title to land or to any interest therein shall be made by petition, as in the commencement of a civil action, filed in the probate court or court of common pleas of the county in which the land […]

Section 5309.081 | Death of Survivorship Tenant Transfer of Interest.

Effective: August 19, 1992 Latest Legislation: House Bill 280 – 119th General Assembly When an interest in title to registered land is vested in two or more persons as a survivorship tenancy and one of the survivorship tenants dies, the interest of the decedent shall be transferred by presenting to the county auditor and filing […]

Section 5309.082 | Survivorship Tenant Medicaid Estate Recovery Form.

Effective: September 29, 2013 Latest Legislation: House Bill 59 – 130th General Assembly (A) As used in this section: “Estate” has the same meaning as in section 5162.21 of the Revised Code. “Medicaid estate recovery program” means the program instituted under section 5162.21 of the Revised Code. (B) The administrator of the medicaid estate recovery […]

Section 5309.09 | Contents of Application.

Effective: March 30, 1999 Latest Legislation: Senate Bill 83 – 122nd General Assembly The application to register the title to land or to any interest in land shall be signed and sworn to by each applicant or by an authorized person for each applicant. In addition to any other appropriate, relevant, and material matter, the […]

Section 5309.10 | Assent by Spouse.

Effective: February 1, 2002 Latest Legislation: House Bill 279 – 124th General Assembly If the application to register the title to land or to any interest in land is made by a married person, the spouse of that person shall signify the spouse’s assent to the registration as prayed for by endorsement on the application […]

Section 5309.11 | Application by Nonresident.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If the application to register the title to land or to any interest therein is made by a nonresident of the state, he shall, in his petition, or in a separate paper to be filed in the case, give the name, residence, […]

Section 5309.12 | Parties.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The applicant desiring to register the title to land or to any interest therein shall be regarded as plaintiff and all other persons named in the application and to be affected by the decree shall by name be entered in the caption […]

Section 5309.13 | Record and Index of Applications.

Effective: January 30, 2014 Latest Legislation: House Bill 72 – 130th General Assembly After the filing of the application to register the title to land or to any interest therein and before registration, the land described in such application may be dealt with and instruments relating thereto may be recorded and indexed, in the same […]

Section 5309.15 | Publication of Notice of Filing and Substance of Application.

Effective: May 9, 2000 Latest Legislation: House Bill 495 – 123rd General Assembly After the investigation authorized by section 5309.14 of the Revised Code, if, in the opinion of the examiner of titles, the applicant has a good title as alleged, and proper for registration, or if the applicant after an adverse opinion of the […]

Section 5309.16 | Answer Day.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The answer day of the notice set forth in section 5309.15 of the Revised Code shall be the third Saturday after the publication is completed. The probate court or the court of common pleas shall within seven days after the first publication […]

Section 5309.17 | Guardian Ad Litem – Duties, Compensation.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When proof of service of all orders of notice issued and when the probate court or the court of common pleas is satisfied that all necessary defendants are properly before the court, the court shall appoint a disinterested person, other than the […]