§ 5309.01 Registration of land title definitions
§ 5309.02 Jurisdiction of the court of common pleas and the probate court
§ 5309.03 Powers of the county recorder
§ 5309.031 Maintain registered land records by use of photographic, magnetic, electronic, or certain other processes means, or displays
§ 5309.04 Examiners of titles – qualifications, bond, duties
§ 5309.05 Persons permitted to have title to land registered
§ 5309.06 Estates or interests which may be registered – procedure
§ 5309.07 Tax deed entitled to be registered
§ 5309.08 Application to register title
§ 5309.081 Death of survivorship tenant transfer of interest
§ 5309.082 Survivorship tenant medicaid estate recovery form
§ 5309.09 Contents of application
§ 5309.10 Assent by spouse
§ 5309.11 Application by nonresident
§ 5309.12 Parties
§ 5309.13 Record and index of applications
§ 5309.14 Application referred to examiner of titles for investigation – report
§ 5309.15 Publication of notice of filing and substance of application
§ 5309.16 Answer day
§ 5309.17 Guardian ad litem – duties, compensation
§ 5309.18 Answer or cross-petition in land registration case
§ 5309.19 Order of default and decree of title and registration – final order
§ 5309.20 Cause may be referred to examiner of titles for hearing and report
§ 5309.21 Effect of decree dismissing application
§ 5309.22 Death of applicant
§ 5309.23 Decree of confirmation and registration – effect
§ 5309.24 Contents of decree of registration
§ 5309.25 Register of titles – duties of county recorder and clerk
§ 5309.26 Entering original certificate of title
§ 5309.27 Certificates to owners as tenants in common – duplicate certificates
§ 5309.28 Holder of certificate of title holds free from encumbrances – exceptions
§ 5309.281 Restrictive covenants constituting unlawful discriminatory practices
§ 5309.29 Decree and certificate of title run with the land
§ 5309.30 Signature and address of owner taken and preserved
§ 5309.31 Lost or destroyed certificate of title
§ 5309.32 Records of surveys of registered land
§ 5309.33 Tract and alphabetical indexes
§ 5309.34 Transferee of registered land not on notice or inquiry
§ 5309.35 Record of trusts and exceptional estates in registered land
§ 5309.36 Certificate notation carried until cancellation
§ 5309.37 Transfers of registered land – certificate as to taxes and special assessments
§ 5309.38 Entry book
§ 5309.39 Instruments shall be filed under proper numbers
§ 5309.40 Transfer of estate by registered owner in fee
§ 5309.41 Canceled instruments shall be preserved
§ 5309.42 Transfer of an estate less than a fee
§ 5309.43 Questions as to instruments presented for registration referred to court of common pleas or to examiner of titles
§ 5309.44 New certificate of title issued
§ 5309.45 Application for registration on the death of registered owner
§ 5309.46 Title acquired through executor
§ 5309.47 Encumbrances on registered land
§ 5309.48 Mortgage, encumbrance entered – mortgagee’s duplicate certificate
§ 5309.49 Filing and notation of instruments affecting registered land
§ 5309.50 Records in addition to registration
§ 5309.51 Assignment of lease, encumbrance, or lien upon registered land – registration of waivers of priority of lien
§ 5309.52 Entry of release or discharge of encumbrance
§ 5309.53 Decree or order of court a lien upon registered land
§ 5309.54 Judgment of county court judge, mayor or other officer a lien upon registered land
§ 5309.55 Lien attaches in proceedings in execution and attachment
§ 5309.56 Writ issued from county other than where land situated
§ 5309.57 Accounts of mechanics or laborers constitute lien
§ 5309.58 Action or proceeding lis pendens
§ 5309.59 Certificate of sale must be presented to recorder – notation
§ 5309.60 No registration or certificate of title shall issue upon tax deed except on order of court
§ 5309.61 Partition and sale confirmed only on report of examiner of titles
§ 5309.62 Certificates of title issued to allottees in partition
§ 5309.63 Liens attach to lands set off in partition proceedings
§ 5309.64 Transfer of title under order of sale
§ 5309.65 Transfer of title by assignee or trustee – procedure
§ 5309.66 Optional registration of title to land sold in partition or by assignee or administrator
§ 5309.67 Nonconformity does not void proceedings
§ 5309.68 Certificate of title – surrender – withdrawal
§ 5309.69 Declaring trusts upon registered land – negotiations
§ 5309.70 Attachment of rights of dower and homestead
§ 5309.71 Proceedings in eminent domain
§ 5309.72 Proceedings by adverse claimant
§ 5309.73 Notice by claimant to registered owner
§ 5309.74 Power of attorney must be filed with county recorder – revocation
§ 5309.75 Statements in instrument constituting a person an attorney in fact
§ 5309.76 Alterations or erasures not permitted – exceptions
§ 5309.77 Effect of instruments dealing with registered land
§ 5309.78 Application for continuation and certification of duplicate certificate of title
§ 5309.79 References required in instruments transferring title or creating or discharging liens
§ 5309.80 Statements or indorsements contained in instruments presented for registration
§ 5309.81 Parties to suit or proceeding involving registered land
§ 5309.82 Notice to registered owner upon the filing of instruments
§ 5309.83 Notice of appeal – petition, bond, and transcript
§ 5309.84 Right to appeal on questions of law and fact or on questions of law to court of appeals
§ 5309.85 Burdens and incidents of registered land
§ 5309.86 Signature of county recorder on paper and electronic instruments
§ 5309.87 Mistakes
§ 5309.88 Death of maker before registration
§ 5309.89 Title by prescription or adverse possession
§ 5309.91 Enforcement of charges
§ 5309.92 Transfers
§ 5309.93 Effective liens
§ 5309.94 Serving and waiver of notices
§ 5309.95 Materials furnished by board of county commissioners
§ 5309.96 Instruments shall not be taken from office – copies
§ 5309.98 Rules of practice and procedure
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Terms Used In Ohio Code > Chapter 5309 - Registration of Land Titles

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bond: includes an undertaking. See Ohio Code 1.02
  • Certificate of title: includes all memorials and notations noted under a certificate of title. See Ohio Code 5309.01
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Dower: A widow
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fraud: Intentional deception resulting in injury to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Property: means real and personal property. See Ohio Code 1.59
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registered land: means any land registered under this chapter and Chapter 5310 of the Revised Code. See Ohio Code 5309.01
  • Registered mail: includes certified mail and "certified mail" includes registered mail. See Ohio Code 1.02
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rule: includes regulation. See Ohio Code 1.59
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: means the state of Ohio. See Ohio Code 1.59
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testate: To die leaving a will.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes all the states. See Ohio Code 1.59
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.