As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 83 5
1997-1998 6
SENATOR B. JOHNSON- REPRESENTATIVES 9
GARCIA-SCHULER-SALERNO-SUTTON- TIBERI-MEAD-REID-MOTTLEY-BRITTON- 10
TAVARES-O'BRIEN 11
_________________________________________________________________ 12
A B I L L
To amend sections 317.20, 1923.06, 3953.01, 3953.04, 14
3953.07, 5309.01, 5309.06, 5309.09, 5309.24, 15
5309.28, 5309.33, 5309.36, 5309.38, 5309.40, and
5309.76 and to enact sections 765.01 to 765.04, 16
1901.183, 3953.29, and 5309.281 of the Revised 17
Code to aid in the eradication of urban and rural 18
blight by authorizing municipal corporations 19
within the jurisdiction of the environmental
division of a municipal court to establish 20
noncriminal land use infractions and provide
civil enforcement procedures for those 22
infractions and by granting the environmental 24
division of a municipal court additional 25
jurisdiction to enforce nuisance abatement and
other environmental laws and to enforce its 26
judgments, to modify the procedure by which 27
service is effected in an eviction action, and to
eliminate references in title insurance policies 28
and certain documents involving registered land 29
transactions to racial and other restrictive
covenants that, if exercised, honored, or 30
included in a transfer, rental, or lease of
housing accomodations, constitute an unlawful 31
discriminatory practice.
2
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 317.20, 1923.06, 3953.01, 35
3953.04, 3953.07, 5309.01, 5309.06, 5309.09, 5309.24, 5309.28, 36
5309.33, 5309.36, 5309.38, 5309.40, and 5309.76 be amended and 37
sections 765.01, 765.02, 765.03, 765.04, 1901.183, 3953.29, and 38
5309.281 of the Revised Code be enacted to read as follows: 40
Sec. 317.20. (A) When, in the opinion of the board of 50
county commissioners, sectional indexes are needed, and it so 51
directs, in addition to the alphabetical indexes provided for in 53
section 317.18 of the Revised Code, the board may provide for 54
making, in books prepared for that purpose, sectional indexes to 55
the records of all real estate in the county, beginning with some 56
designated year and continuing through such THE period of years 57
as it specified, by placing THAT THE BOARD SPECIFIES. THE 58
SECTIONAL INDEXES SHALL PLACE under the heads of the original 59
surveyed sections or surveys, or parts of a section or survey, 60
squares, subdivisions, or the permanent parcel numbers provided 61
for under section 319.28 of the Revised Code, or lots, on the 62
left-hand page, or on the upper portion of such THAT page of the 63
index book, the following: 64
(A) The name of the grantor; 66
(B) Next to the right, THEN the name of the grantee; 68
(C) The, THEN THE number and page of the record where IN 71
WHICH the instrument is found recorded;
(D) The, THEN THE character of the instrument, to be 73
followed by AND THEN a pertinent description of the INTEREST IN 75
property conveyed by the deed, lease, or assignment of lease; 76
(E) On the opposite AND SHALL PLACE UNDER SIMILAR HEADINGS 78
ON THE RIGHT-HAND page, or on the lower portion of the same THAT 80
page OF THE INDEX BOOK, beginning at the bottom, in like manner, 81
all the mortgages, liens, notices as provided for in sections 82
5301.51, 5301.52, and 5301.56 of the Revised Code, or other 83
encumbrances affecting such THE real estate. 84
(B) The compensation for the services rendered under this 86
3
section shall be paid from the general revenue fund of the 87
county, and no additional levy shall be made in consequence of 88
such THE services. If 89
(C) IF the board OF COUNTY COMMISSIONERS decides to have 92
such sectional index INDEXES made, it shall advertise for three 93
consecutive weeks in one newspaper of general circulation in the 94
county for sealed proposals to do such THE work as provided FOR 95
in this section, shall let the work to CONTRACT WITH the lowest 96
and best bidder, and shall require him THE SUCCESSFUL BIDDER to 98
give A bond for the faithful performance of the contract, in such 100
THE sum as THAT the board fixes, and such. THE work shall be 101
done to the acceptance of the auditor of state upon allowance by 102
such THE board. The board may reject any and all bids for the 104
work, provided that no more than five cents shall be paid for 105
each entry of each tract or lot of land. 106
(D) When THE SECTIONAL INDEXES ARE brought up and 108
completed, the county recorder shall keep up MAINTAIN the indexes 109
described in AND COMPLY WITH DIVISION (E) OF this section IN 111
CONNECTION WITH REGISTERED LAND.
(E)(1) AS USED IN DIVISION (E) OF THIS SECTION, "HOUSING 113
ACCOMMODATIONS" AND "RESTRICTIVE COVENANT" HAVE THE SAME MEANINGS 114
AS IN SECTION 4112.01 OF THE REVISED CODE. 115
(2) IN CONNECTION WITH ANY TRANSFER OF REGISTERED LAND 117
THAT OCCURS ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT IN 118
ACCORDANCE WITH CHAPTERS 5309. AND 5310. OF THE REVISED CODE, THE 119
COUNTY RECORDER SHALL DELETE FROM THE SECTIONAL INDEXES 120
MAINTAINED UNDER THIS SECTION ALL REFERENCES TO ANY RESTRICTIVE 121
COVENANT THAT APPEARS TO APPLY TO THE TRANSFERRED REGISTERED
LAND, IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER, 122
RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY HONORING OR 123
EXERCISING OF THE RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR 124
OR EXERCISE THE RESTRICTIVE COVENANT CONSTITUTES AN UNLAWFUL 125
DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02 126
OF THE REVISED CODE.
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Sec. 765.01. AS USED IN THIS CHAPTER: 128
(A) "LAND USE INFRACTION" MEANS A VIOLATION OF ANY 130
MUNICIPAL ZONING CODE PROVISIONS THAT REGULATE PARKING ON PRIVATE 131
PROPERTY, A MOTOR VEHICLE SERVICE OR REPAIR BUSINESS IN 132
RESIDENTIAL DISTRICTS, OR SIGNAGE AND OTHER GRAPHICS DISPLAYS, 133
AND ANY MUNICIPAL ORDINANCE, RESOLUTION, OR OTHER REGULATION 134
DEALING WITH THE DISPLAY OF HOUSE NUMBERS ON BUILDINGS.
(B) "LAW ENFORCEMENT OFFICER" MEANS A LAW ENFORCEMENT 136
OFFICER AS DEFINED IN SECTION 2901.01 OF THE REVISED CODE, CODE 137
ENFORCEMENT OFFICER, BUILDING INSPECTOR, OR OTHER OFFICER 138
AUTHORIZED TO ENFORCE ANY CODE, ORDINANCE, RESOLUTION, OR
REGULATION DESCRIBED IN DIVISION (A) OF THIS SECTION. 139
Sec. 765.02. (A) A MUNICIPAL CORPORATION WITHIN THE 141
JURISDICTION OF THE ENVIRONMENTAL DIVISION OF A MUNICIPAL COURT 142
MAY ENACT AN ORDINANCE STATING THAT SPECIFIED LAND USE 144
INFRACTIONS SHALL NOT BE CONSIDERED A CRIMINAL OFFENSE FOR ANY 145
PURPOSE IF A TICKET IS ISSUED FOR THE SPECIFIC LAND USE 146
INFRACTION UNDER CHAPTER 765. OF THE REVISED CODE, THAT A PERSON 147
WHO COMMITS ANY INFRACTION SPECIFIED ON THE TICKET SHALL NOT BE 148
ARRESTED AS A RESULT OF THE COMMISSION OF THE INFRACTION, AND 151
THAT TICKETED INFRACTIONS SHALL BE HANDLED PURSUANT TO THIS 152
CHAPTER. ADOPTION OF AN ORDINANCE UNDER THIS SECTION DOES NOT 153
PRECLUDE THE ENFORCEMENT OF ANY LAND USE INFRACTION CODE,
ORDINANCE, RESOLUTION, OR REGULATION IN ANY MANNER OTHERWISE 154
PROVIDED BY LAW AS LONG AS NO TICKET IS ISSUED UNDER THIS 155
CHAPTER, BUT INSTEAD PROVIDES AN ADDITIONAL METHOD OF ENFORCING 156
SUCH LAWS.
(B) EACH MUNICIPAL CORPORATION THAT ENACTS AN ORDINANCE 159
UNDER THIS SECTION SHALL ADOPT A TICKET TO BE USED BY ITS LAW 161
ENFORCEMENT OFFICERS IN ALL CASES IN WHICH A PERSON IS ISSUED A 162
TICKET FOR COMMITTING A LAND USE INFRACTION IN ITS JURISDICTION. 163
THIS TICKET SHALL CONSIST OF TWO PARTS. THE FIRST PART SHALL BE 164
NOTICE OF THE LAND USE INFRACTION CHARGED, AND SHALL INCLUDE THE 165
INFORMATION SPECIFIED IN DIVISION (A) OF SECTION 765.03 OF THE 166
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REVISED CODE. THE NOTICE SHALL SPECIFY A REASONABLE TIME PERIOD 167
WITHIN WHICH THE INFRACTION MUST BE CORRECTED OR A SUMMONS AND 169
COMPLAINT WILL BE SERVED. THE FIRST PART OF THE TICKET SHALL 170
ALSO STATE THAT IF THE PERSON CORRECTS THE INFRACTION WITHIN THE
SPECIFIED TIME PERIOD, THE TICKET WILL BE VOIDED. THE SECOND 171
PART OF THE TICKET SHALL BE THE SUMMONS AND COMPLAINT FOR 173
PURPOSES OF THIS CHAPTER, TO BE ISSUED IF THE INFRACTION IS NOT
CORRECTED WITHIN THE TIME PERIOD SPECIFIED IN THE FIRST PART OF 174
THE TICKET. THE SECOND PART OF EACH TICKET SHALL CONTAIN 175
PROVISIONS THAT ADVISE THE PERSON UPON WHOM IT IS SERVED THAT THE 176
PERSON MUST ANSWER IN RELATION TO THE INFRACTION CHARGED IN THE 177
TICKET AND THAT CERTAIN CIVIL PENALTIES MAY RESULT FROM A FAILURE 178
TO TIMELY ANSWER, INDICATE THAT THE PERSON WILL BE AFFORDED A 179
HEARING IF THE PERSON DENIES IN THE ANSWER THAT THE PERSON 181
COMMITTED THE INFRACTION, SPECIFY THE ENTITY TO WHICH, THE TIME 182
WITHIN WHICH, AND THE ALLOWABLE MANNERS IN WHICH THE ANSWER MUST 183
BE MADE, INDICATE THE PENALTIES THAT MAY RESULT FROM FAILURE TO 184
TIMELY ANSWER AND THE FINE THAT ARISES FROM THE LAND USE 185
INFRACTION, WARN THAT FAILURE TO TIMELY ANSWER OR TO APPEAR AT A 186
REQUESTED HEARING WILL BE CONSIDERED AN ADMISSION OF THE LAND USE 187
INFRACTION, AND WARN THAT A DEFAULT CIVIL JUDGMENT POTENTIALLY 188
MAY BE ENTERED AGAINST THE PERSON.
Sec. 765.03. (A) A LAW ENFORCEMENT OFFICER WHO ISSUES A 190
TICKET FOR A LAND USE INFRACTION UNDER THIS CHAPTER SHALL 191
COMPLETE THE TICKET BY IDENTIFYING THE LAND USE INFRACTION 193
CHARGED AND INDICATING THE DATE, TIME, AND PLACE OF THE 194
INFRACTION. THE OFFICER SHALL SIGN THE TICKET AND AFFIRM THE 195
FACTS IT CONTAINS. IF THE OFFENDER IS PRESENT, THE OFFICER ALSO 196
SHALL RECORD ON THE TICKET THE NAME OF THE OFFENDER IN A SPACE 197
PROVIDED ON THE TICKET FOR IDENTIFICATION OF THE OFFENDER, AND 198
THEN SHALL SERVE THE FIRST PART OF THE TICKET IN ACCORDANCE WITH 199
THE SERVICE REQUIREMENTS OF THE RULES OF CIVIL PROCEDURE. IF THE 200
INFRACTION IS NOT CORRECTED WITHIN THE TIME PERIOD SPECIFIED ON 201
THE FIRST PART OF THE TICKET, THE LAW ENFORCEMENT OFFICER SHALL 202
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SERVE THE SECOND PART OF THE TICKET IN ACCORDANCE WITH THE 203
SERVICE REQUIREMENTS OF THE RULES OF CIVIL RROCEDURE. 204
(B) THE ORIGINAL OF A TICKET ISSUED UNDER THIS SECTION OR 207
ANY TRUE COPY OF IT SHALL BE CONSIDERED A RECORD KEPT IN THE 208
ORDINARY COURSE OF BUSINESS OF THE MUNICIPAL CORPORATION AND OF 209
THE LAW ENFORCEMENT AGENCY WHOSE OFFICER ISSUED IT, AND SHALL BE 210
PRIMA-FACIE EVIDENCE OF THE FACTS IT CONTAINS.
(C) WHEN A TICKET IS ISSUED FOR A LAND USE INFRACTION AND 213
IS SERVED UNDER THIS SECTION, THE OFFENDER WHOSE ACT OR OMISSION 214
RESULTED IN THE INFRACTION FOR WHICH THE TICKET WAS ISSUED IS 216
LIABLE FOR THE INFRACTION AND FOR ANY FINE OR PENALTY ARISING OUT 217
OF THE INFRACTION UNDER AN ORDINANCE ENACTED BY THE MUNICIPAL 218
CORPORATION UNDER DIVISION (A) OF SECTION 765.02 OF THE REVISED 219
CODE.
(D) NO PERSON UPON WHOM A TICKET CHARGING A LAND USE 222
INFRACTION IS SERVED UNDER THIS SECTION SHALL BE ARRESTED AS A 223
RESULT OF THE COMMISSION OF THE LAND USE INFRACTION. 224
Sec. 765.04. THE PROVISIONS OF THIS CHAPTER ARE IN 226
ADDITION TO, AND NOT IN ABROGATION OF, ANY OTHER JURISDICTION THE 228
ENVIRONMENTAL DIVISION OF ANY MUNICIPAL COURT HAS TO ENFORCE ANY 229
CODE, ORDINANCE, RESOLUTION, OR REGULATION DESCRIBED IN DIVISION 230
(A) OF SECTION 765.01 OF THE REVISED CODE. 232
Sec. 1901.183. IN ADDITION TO JURISDICTION OTHERWISE 235
GRANTED IN THIS CHAPTER, THE ENVIRONMENTAL DIVISION OF A 236
MUNICIPAL COURT SHALL HAVE JURISDICTION WITHIN ITS TERRITORY IN 237
ALL OF THE FOLLOWING ACTIONS OR PROCEEDINGS AND TO PERFORM ALL OF 238
THE FOLLOWING FUNCTIONS:
(A) NOTWITHSTANDING ANY MONETARY LIMITATIONS IN SECTION 241
1901.17 OF THE REVISED CODE, IN ALL ACTIONS AND PROCEEDINGS FOR 243
THE SALE OF REAL OR PERSONAL PROPERTY UNDER LIEN OF A JUDGMENT OF 244
THE ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT, OR A LIEN FOR 245
MACHINERY, MATERIAL, FUEL FURNISHED, OR LABOR PERFORMED, 246
IRRESPECTIVE OF AMOUNT, AND, IN THOSE CASES, THE ENVIRONMENTAL 247
DIVISION MAY PROCEED TO FORECLOSE AND MARSHAL ALL LIENS AND ALL 248
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VESTED OR CONTINGENT RIGHTS, TO APPOINT A RECEIVER, AND TO RENDER 249
PERSONAL JUDGMENT IRRESPECTIVE OF AMOUNT IN FAVOR OF ANY PARTY; 250
(B) IN ALL ACTIONS FOR THE FORECLOSURE OF A MORTGAGE ON 253
REAL PROPERTY GIVEN TO SECURE THE PAYMENT OF MONEY, OR THE 254
ENFORCEMENT OF A SPECIFIC LIEN FOR MONEY OR OTHER ENCUMBRANCE OR 255
CHARGE ON REAL PROPERTY, WHEN THE REAL PROPERTY IS SITUATED 256
WITHIN THE TERRITORY, AND, IN THOSE CASES, THE ENVIRONMENTAL 257
DIVISION OF THE MUNICIPAL COURT MAY PROCEED TO FORECLOSE ALL 258
LIENS AND ALL VESTED AND CONTINGENT RIGHTS AND PROCEED TO RENDER 259
JUDGMENTS, AND MAKE FINDINGS AND ORDERS, BETWEEN THE PARTIES, IN 260
THE SAME MANNER AND TO THE SAME EXTENT AS IN SIMILAR CASES IN THE 261
COURT OF COMMON PLEAS;
(C) IN ALL ACTIONS FOR THE RECOVERY OF REAL PROPERTY 264
SITUATED WITHIN THE TERRITORY TO THE SAME EXTENT AS COURTS OF 265
COMMON PLEAS HAVE JURISDICTION; 266
(D) IN ALL ACTIONS FOR INJUNCTION TO PREVENT OR TERMINATE 269
VIOLATIONS OF THE ORDINANCES AND REGULATIONS OF ANY MUNICIPAL 270
CORPORATION WITHIN ITS TERRITORY ENACTED OR PROMULGATED UNDER THE 271
POLICE POWER OF THAT MUNICIPAL CORPORATION PURSUANT TO SECTION 3 272
OF ARTICLE XVIII, OHIO CONSTITUTION, OVER WHICH THE COURT OF 274
COMMON PLEAS HAS OR MAY HAVE JURISDICTION, AND, IN THOSE CASES, 275
THE ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT MAY PROCEED TO 276
RENDER JUDGMENTS, AND MAKE FINDINGS AND ORDERS, IN THE SAME 277
MANNER AND TO THE SAME EXTENT AS IN SIMILAR CASES IN THE COURT OF 278
COMMON PLEAS;
(E) IN ALL ACTIONS FOR INJUNCTION TO PREVENT OR TERMINATE 280
VIOLATIONS OF THE RESOLUTIONS AND REGULATIONS OF ANY POLITICAL 281
SUBDIVISION WITHIN ITS TERRITORY ENACTED OR PROMULGATED UNDER THE 282
POWER OF THAT POLITICAL SUBDIVISION PURSUANT TO ARTICLE X OF THE 283
OHIO CONSTITUTION, OVER WHICH THE COURT OF COMMON PLEAS HAS OR 284
MAY HAVE JURISDICTION, AND, IN THOSE CASES, THE ENVIRONMENTAL 285
DIVISION OF THE MUNICIPAL COURT MAY PROCEED TO RENDER JUDGMENTS, 286
AND MAKE FINDINGS AND ORDERS, IN THE SAME MANNER AND TO THE SAME 287
EXTENT AS IN SIMILAR CASES IN THE COURT OF COMMON PLEAS; 288
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(F) IN ANY CIVIL ACTION TO ENFORCE ANY PROVISION OF 291
CHAPTER 3704., 3714., 3734., 3737., 3767., OR 6111. OF THE 293
REVISED CODE OVER WHICH THE COURT OF COMMON PLEAS HAS OR MAY HAVE 295
JURISDICTION, AND, IN THOSE ACTIONS, THE ENVIRONMENTAL DIVISION 296
OF THE MUNICIPAL COURT MAY PROCEED TO RENDER JUDGMENTS, AND MAKE 297
FINDINGS AND ORDERS, IN THE SAME MANNER AND TO THE SAME EXTENT AS 298
IN SIMILAR ACTIONS IN THE COURT OF COMMON PLEAS; 299
(G) IN ALL ACTIONS AND PROCEEDINGS IN THE NATURE OF 302
CREDITORS' BILLS, AND IN AID OF EXECUTION TO SUBJECT THE 303
INTERESTS OF A JUDGMENT DEBTOR IN REAL OR PERSONAL PROPERTY TO 304
THE PAYMENT OF A JUDGMENT OF THE DIVISION, AND, IN THOSE ACTIONS 305
AND PROCEEDINGS, THE ENVIRONMENTAL DIVISION MAY PROCEED TO 306
MARSHAL AND FORECLOSE ALL LIENS ON THE PROPERTY IRRESPECTIVE OF 307
THE AMOUNT OF THE LIEN, AND ALL VESTED OR CONTINGENT RIGHTS IN 308
THE PROPERTY;
(H) CONCURRENT JURISDICTION OF ALL CRIMINAL ACTIONS OR 311
PROCEEDINGS RELATED TO THE POLLUTION OF THE AIR, GROUND, OR WATER 312
WITHIN THE TERRITORY OF THE ENVIRONMENTAL DIVISION OF THE 313
MUNICIPAL COURT, FOR WHICH A SENTENCE OF DEATH CANNOT BE IMPOSED 314
UNDER CHAPTER 2903. OF THE REVISED CODE; 315
(I) IN ANY REVIEW OR APPEAL OF ANY FINAL ORDER OF ANY 317
ADMINISTRATIVE OFFICER, AGENCY, BOARD, DEPARTMENT, TRIBUNAL, 318
COMMISSION, OR OTHER INSTRUMENTALITY THAT RELATES TO A LOCAL 319
BUILDING, HOUSING, AIR POLLUTION, SANITATION, HEALTH, FIRE, 320
ZONING, OR SAFETY CODE, ORDINANCE, OR REGULATION, IN THE SAME 321
MANNER AND TO THE SAME EXTENT AS IN SIMILAR APPEALS IN THE COURT 322
OF COMMON PLEAS.
Sec. 1923.06. (A) Except as otherwise provided in this 331
section, the ANY summons in an action under PURSUANT TO this 333
chapter shall be issued, be in the form specified, and be served 334
and returned as in the Rules of Civil Procedure PROVIDED IN THIS 335
SECTION. Such service shall be at least five TEN days before the 336
day set for trial. 337
(B) Every summons issued under this section to recover 339
9
residential premises shall contain the following language printed 340
in a conspicuous manner: "A complaint to evict you has been 341
filed with this court. No person shall be evicted unless his THE 342
PERSON'S right to possession has ended and no person shall be 344
evicted in retaliation for the exercise of his THE PERSON'S 345
lawful rights. If you are depositing rent with the clerk of this 346
court you shall continue to deposit such rent until the time of 347
the court hearing. The failure to continue to deposit such rent 348
may result in your eviction. You may request a trial by jury. 349
You have the right to seek legal assistance. If you cannot 350
afford a lawyer, you may contact your local legal aid or legal 351
service office. If none is available, you may contact your local 352
bar association."
(C) THE CLERK OF THE COURT IN WHICH A COMPLAINT TO EVICT 354
IS FILED SHALL MAIL ANY SUMMONS BY ORDINARY MAIL, ALONG WITH A 356
COPY OF THE COMPLAINT, DOCUMENT, OR OTHER PROCESS TO BE SERVED TO 357
THE DEFENDANT AT THE ADDRESS SET FORTH IN THE CAPTION OF THE 358
SUMMONS AND TO ANY ADDRESS SET FORTH IN ANY WRITTEN INSTRUCTIONS 359
FURNISHED TO THE CLERK. THE MAILING SHALL BE EVIDENCED BY A 360
CERTIFICATE OF MAILING WHICH THE CLERK SHALL COMPLETE AND FILE. 361
(D) THE CLERK SHALL DELIVER SUFFICIENT COPIES OF THE 364
SUMMONS, COMPLAINT, DOCUMENT, OR OTHER PROCESS TO BE SERVED TO, 365
AND SERVICE SHALL BE MADE BY, ONE OF THE FOLLOWING PERSONS: 366
(1) THE SHERIFF OF THE COUNTY IN WHICH THE PREMISES ARE 368
LOCATED WHEN THE PROCESS ISSUES FROM A COURT OF COMMON PLEAS OR 369
COUNTY COURT; 370
(2) THE BAILIFF OF THE COURT FOR SERVICE WHEN PROCESS 372
ISSUES FROM THE MUNICIPAL COURT; 373
(3) ANY PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER, WHO 375
IS NOT A PARTY, AND WHO HAS BEEN DESIGNATED BY ORDER OF THE COURT 377
TO MAKE SERVICE OF PROCESS WHEN PROCESS ISSUES FROM ANY OF THE 378
COURTS IN DIVISIONS (D)(1) AND (2) OF THIS SECTION. 379
(E) THE PERSON SERVING PROCESS SHALL EFFECT SERVICE AT THE 382
PREMISES THAT ARE THE SUBJECT OF THE FORCIBLE ENTRY AND DETAINER 383
10
ACTION BY ONE OF THE FOLLOWING MEANS: 384
(1) BY LOCATING THE PERSON TO BE SERVED AT THE PREMISES TO 387
TENDER A COPY OF THE PROCESS AND ACCOMPANYING DOCUMENTS TO THAT 388
PERSON;
(2) BY LEAVING A COPY OF THE SUMMONS, COMPLAINT, DOCUMENT, 391
OR THE PROCESS WITH A PERSON OF SUITABLE AGE AND DISCRETION FOUND 392
AT THE PREMISES IF THE PERSON TO BE SERVED CANNOT BE FOUND AT THE 393
TIME THE PERSON MAKING SERVICE ATTEMPTS TO SERVE THE SUMMONS 394
PURSUANT TO DIVISION (E)(1) OF THIS SECTION; 395
(3) BY POSTING A COPY IN A CONSPICUOUS PLACE ON THE 397
SUBJECT PREMISES IF SERVICE CANNOT BE MADE PURSUANT TO DIVISIONS 398
(E)(1) AND (2) OF THIS SECTION. 399
(F) WITHIN TEN DAYS AFTER RECEIVING THE SUMMONS, 401
COMPLAINT, DOCUMENT, OR OTHER PROCESS FROM THE CLERK FOR SERVICE, 403
THE PERSON MAKING SERVICE SHALL RETURN THE PROCESS TO THE CLERK. 404
THE PERSON SHALL INDICATE ON THE PROCESS WHICH METHOD DESCRIBED 405
IN DIVISION (E) OF THIS SECTION WAS USED TO SERVE THE SUMMONS. 406
THE CLERK SHALL MAKE THE APPROPRIATE ENTRY ON THE APPEARANCE 407
DOCKET.
(G) SERVICE OF PROCESS SHALL BE DEEMED COMPLETE ON THE 409
DATE THAT EITHER OF THE FOLLOWING HAS OCCURRED: 410
(1) SERVICE IS MADE PURSUANT TO DIVISION (E)(1) OR (2) OF 413
THIS SECTION.
(2) BOTH ORDINARY MAIL SERVICE UNDER DIVISION (C) AND 415
SERVICE BY POSTING PURSUANT TO DIVISION (E)(3) OF THIS SECTION 416
HAVE BEEN MADE. 417
(H)(1) THE CLAIM FOR RESTITUTION OF THE PREMISES SHALL BE 420
SCHEDULED FOR HEARING IN ACCORDANCE WITH LOCAL COURT RULES, BUT 421
IN NO EVENT SOONER THAN THE TENTH DAY FROM THE DATE SERVICE IS 422
COMPLETE.
(2) ANSWER DAY FOR ANY OTHER CLAIMS SHALL BE TWENTY-EIGHT 424
DAYS FROM THE DATE SERVICE IS COMPLETE. 425
Sec. 3953.01. As used in sections 3953.01 to 3953.28, 435
inclusive, of the Revised Code THIS CHAPTER: 436
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(A) "Title insurance" means insuring, guaranteeing, or 438
indemnifying owners of real property or others interested therein 439
IN REAL PROPERTY against loss or damage suffered by reason of 440
liens, or encumbrances upon, defect in, or the unmarketability 442
of, the title to such THE REAL property, guaranteeing, 443
warranting, or otherwise insuring by a title insurance company 445
the correctness of searches relating to the title to real 446
property, or doing any business in substance equivalent to any of 447
the foregoing.
(B) "The business of title insurance" means THE FOLLOWING: 449
(1) The making as insurer, guarantor, or surety, or 451
proposing to make as insurer, guarantor, or surety, any contract 452
or policy of title insurance; 453
(2) The transacting, or proposing to transact, any phase 455
of title insurance, including solicitation, negotiation 456
preliminary to execution, execution of a contract of title 457
insurance, insuring, and transacting matters subsequent to the 458
execution of the contract and arising out of it, including 459
reinsurance; 460
(3) The doing or proposing to do any business in substance 462
equivalent to any of the foregoing. 463
(C) "Title insurance company" means ANY OF THE FOLLOWING: 465
(1) Any domestic title guaranty company and domestic title 467
guarantee and trust company to the extent that they are engaged 468
in the business of title insurance as defined in this section; 469
(2) Any domestic company organized under this chapter for 471
the purpose of insuring titles to real property; 472
(3) Any title insurance company organized under the laws 474
of another state or foreign government; 475
(4) Any domestic or foreign company having THAT HAS the 477
powers and IS authorized to insure titles to real estate within 478
this state on the effective date of this section DECEMBER 12, 479
1967, and which THAT meets the requirements of this chapter. 481
(D) "Applicants for insurance" includes all those, whether 483
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or not a prospective insured, who from time to time apply to a 484
title insurance company, or to its agent, for title insurance, 486
and who at the time of such THAT application are not agents for a 487
title insurance company. 488
(E) "Risk premium" for title insurance means that portion 490
of the fee charged by a title insurance company, agent of a title 491
insurance company, or approved attorney of a title insurance 492
company, or any of them, to an insured or to an applicant for 493
insurance, for the assumption by the title insurance company of 494
the risk created by the issuance of the title insurance policy. 495
(F) "Fee" for title insurance means and includes the risk 497
premium, abstracting or searching charge, examination charge, and 498
every other charge, exclusive of settlement, closing, or escrow 499
charges, whether denominated premium or otherwise, made by a 500
title insurance company, agent of a title insurance company, or 501
an approved attorney of a title insurance company, or any of 502
them, to an insured or to an applicant for insurance, for any 504
policy or contract for the issuance of title insurance, but "fee. 506
"FEE" does not include any charges paid to and retained by an 507
attorney at law or abstractor acting as an independent contractor 508
whether or not he THE ATTORNEY OR ABSTRACTOR is acting as an 509
agent of a title insurance company or an approved attorney, or 511
AND DOES NOT INCLUDE any charges made for special services not 513
constituting title insurance, even though performed in connection 514
with a title insurance policy or contract.
(G) "Approved attorney" means an attorney at law, who is 516
not an employee of a title insurance company or of a title 517
insurance agent, AND upon whose examination of title and report 518
thereon ON THE EXAMINATION a title insurance company may issue a 519
policy of title insurance. 521
(H) "Title insurance agent" means a person, partnership, 523
or corporation, authorized in writing by a title insurance 524
company to solicit insurance and collect premiums and to issue or 525
countersign policies in ON its behalf. "Title insurance agent" 526
13
does not include officers and salaried employees of any title 528
insurance company authorized to do a title insurance business 529
within this state. 530
(I) "Single insurance risk" means the insured amount of 532
any policy or contract of title insurance issued by a title 533
insurance company. 534
(J) "Foreign title insurance company" means a title 536
insurance company organized under the laws of any state or 537
territory of the United States or the District of Columbia. 538
(K) "Alien title insurance company" means a title 540
insurance company THAT IS incorporated or organized under the 541
laws of any foreign nation or of any province or territory 542
thereof, OF A FOREIGN NATION AND THAT IS not included under the 543
definition of " A foreign title insurance company." 544
(L) "Non-directed escrow funds" means any funds delivered 547
to a title insurance agent or title insurance company with 548
instructions to hold or disburse the funds pursuant to a
transaction in which a title insurance policy will be issued, but 550
without written instructions to either deposit the funds in an 551
account for the benefit of a specific person, or to pay the
interest earned on the funds to a specific person. 552
(M) "Business day" means any day, other than a Saturday or 554
Sunday, or a legal holiday, on which a bank, savings and loan 556
association, credit union, or savings bank is open to the public 557
for carrying on substantially all of its functions.
(N) "HOUSING ACCOMMODATIONS" AND "RESTRICTIVE COVENANT" 559
HAVE THE SAME MEANINGS AS IN SECTION 4112.01 OF THE REVISED CODE. 560
Sec. 3953.04. A title insurance company shall be organized 569
as a stock corporation as provided in Chapters 1701. and 3929. of 570
the Revised Code, except as specified in Chapter 3953. of the 571
Revised Code THIS CHAPTER. EVERY 572
Every title insurance company, as defined in division (C) 574
of section 3953.01 of the Revised Code, that is authorized to do 575
a title insurance business in this state shall comply with 576
14
section SECTIONS 3929.30 AND 3953.29 of the Revised Code. 578
Sec. 3953.07. No policy or contract of title insurance 587
shall be written unless it be IS based upon a reasonable 588
examination of the title and UNLESS a determination of 589
insurability of title has been made in accordance with sound 590
underwriting practices for title insurance companies AND UNLESS, 592
ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, SECTION 593
3953.29 OF THE REVISED CODE IS COMPLIED WITH IN CONNECTION WITH
REGISTERED LAND. Evidence that such a reasonable examination of 595
A title has been made shall be preserved and retained in the 596
files of the title insurance company or its agents for a period 597
of not less than ten years after the policy or contract of title 598
insurance has been issued. This section does not apply to a 599
company assuming no primary liability in a contract of 600
reinsurance, nor AND DOES NOT APPLY to a company acting as a 601
coinsurer if one of the other coinsuring companies has complied 602
with this section. 603
Sec. 3953.29. ON AND AFTER THE EFFECTIVE DATE OF THIS 605
SECTION, IN CONNECTION WITH ANY TRANSFER OF REGISTERED LAND THAT 606
OCCURS ON OR AFTER THAT DATE IN ACCORDANCE WITH CHAPTERS 5309. 607
AND 5310. OF THE REVISED CODE, NO TITLE INSURANCE COMPANY SHALL 608
WRITE A POLICY OR CONTRACT OF TITLE INSURANCE THAT INCLUDES ANY 609
SPECIFIC REFERENCE TO ANY RESTRICTIVE COVENANT THAT APPEARS TO
APPLY TO THE TRANSFERRED REGISTERED LAND, IF ANY INCLUSION OF THE 610
RESTRICTIVE COVENANT IN A TRANSFER, RENTAL, OR LEASE OF HOUSING 611
ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE RESTRICTIVE 612
COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE 613
COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER 614
DIVISION (H)(9) OF SECTION 4112.02 OF THE REVISED CODE. ON AND
AFTER THE EFFECTIVE DATE OF THIS SECTION, IF A POLICY OR CONTRACT 615
OF TITLE INSURANCE WRITTEN BY A TITLE INSURANCE COMPANY IN 616
CONNECTION WITH ANY TRANSFER OF REGISTERED LAND THAT OCCURS ON OR 617
AFTER THAT DATE IN ACCORDANCE WITH CHAPTERS 5309. AND 5310. OF 618
THE REVISED CODE INCLUDES A GENERAL OR CATCH-ALL REFERENCE TO 619
15
EASEMENTS, ESTATES, LIENS, ENCUMBRANCES, CHARGES, RIGHTS, OR
RESTRICTIONS OF RECORD, THE GENERAL OR CATCH-ALL REFERENCE SHALL 620
BE REGARDED BY THE PARTIES TO THE TRANSFER OF THE REGISTERED LAND 621
AND THEIR SUCCESSORS IN INTEREST AND SHALL BE DEEMED FOR ALL 622
LEGAL PURPOSES TO REFER TO AND INCORPORATE BY REFERENCE 623
EASEMENTS, ESTATES, LIENS, ENCUMBRANCES, CHARGES, RIGHTS, AND 624
RESTRICTIONS OF RECORD OTHER THAN A RESTRICTIVE COVENANT THE
INCLUSION OF WHICH IN A TRANSFER, RENTAL, OR LEASE OF HOUSING 625
ACCOMMODATIONS, THE HONORING OR EXERCISING OF WHICH, OR THE 626
ATTEMPT TO HONOR OR EXERCISE OF WHICH CONSTITUTES AN UNLAWFUL 627
DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02 628
OF THE REVISED CODE.
Sec. 5309.01. As used in sections 5309.02 to 5310.21, 637
inclusive, THIS CHAPTER AND CHAPTER 5310. of the Revised Code: 639
(A) "Certificate of title" includes all memorials and 641
notations noted thereunder UNDER A CERTIFICATE OF TITLE. 642
(B) "Trust deed in the nature of a mortgage" is a mortgage 644
and subject to the same rules as a mortgage. 645
(C) "Probate court" means the court at the time having 647
jurisdiction of HAS the settlement of estates and testamentary 648
matters whether it is the probate court, or the court of common 649
pleas SAME MEANING AS IN SECTION 2101.01 OF THE REVISED CODE. 650
(D) "Registered land" means any land registered under 652
sections 5309.02 to 5310.21, inclusive, THIS CHAPTER AND CHAPTER 654
5310. of the Revised Code.
(E) "HOUSING ACCOMMODATIONS" AND "RESTRICTIVE COVENANT" 656
HAVE THE SAME MEANINGS AS IN SECTION 4112.01 OF THE REVISED CODE. 657
Sec. 5309.06. No estate less than a fee simple, nor any 666
AND NO mortgage, lien, or charge of any kind shall be registered, 667
unless the fee in possession, remainder, or reversion, or other 668
character of fee in and to the same land, has been registered 669
first or is registered at the same time. If the estate of the 670
applicant is subject to any outstanding lesser estate, including 671
life estates, estates for years, conditional limitations, 672
16
executory devises or uses, springing or shifting uses, or other 673
future estate, interest, or limitation, whether vested or 674
contingent, or IS SUBJECT TO any private easement or other estate 676
or interest of any kind, or is subject to any mortgage, lien, or
charge, each LESSER ESTATE, PRIVATE EASEMENT, OTHER ESTATE OR 677
INTEREST, MORTGAGE, LIEN, OR CHARGE shall be noted on the 678
certificate of title and duplicate thereof OF THE CERTIFICATE OF 680
TITLE, except taxes not due and, leases for less than three 681
years, and the RESTRICTIVE COVENANTS DESCRIBED IN DIVISION (B) OF 682
SECTION 5309.24 OF THE REVISED CODE. THE title to the estate so 683
registered and certified shall be subject only to such THE lesser 684
estates, PRIVATE EASEMENTS, OTHER ESTATES OR INTERESTS,
mortgages, liens, and charges as are so noted, except as provided 685
in section 5309.28 of the Revised Code. A perpetual leasehold 687
shall, for the purposes of sections 5309.02 to 5310.21 THIS 688
CHAPTER AND CHAPTER 5310. of the Revised Code, SHALL be treated 689
as an estate in fee, and the possible reversion or remainder in 690
fee thereunder UNDER THE LEASEHOLD SHALL BE TREATED as the lesser 691
estate.
No parcel of land that lies partly in two or more counties 693
shall be registered if one or more of the counties in which the 694
parcel lies have abolished their land registration systems. 695
Sec. 5309.09. The application to register the title to 704
land or to any interest therein IN LAND shall be signed and sworn 706
to by each applicant or by an authorized person for each 707
applicant. In addition to any other appropriate, relevant, and 708
material matter, the application shall set forth substantially 709
ALL OF THE FOLLOWING:
(A) The full name, age, place of residence, and 711
post-office address of the applicant or owner, and the full name, 712
PLACE OF residence, and post-office address of any one PERSON 714
acting on behalf of the applicant or owner, and the name of the 715
applicant or owner as it appears in his THE muniments of title, 716
whether the applicant OR OWNER is now married or single, and, if 717
17
married, the full name of the husband or wife APPLICANT'S OR 718
OWNER'S SPOUSE, whether the applicant or owner has been
previously married, and, if so, when, and by what means the 720
marriage relation was terminated, and, if by divorce, DISSOLUTION 721
OF MARRIAGE, OR ANNULMENT, when, where, and by what court the 722
divorce, DISSOLUTION OF MARRIAGE, OR ANNULMENT was granted, and 723
what interest in or lien upon the land described in the 724
application the A former husband or wife SPOUSE has; if the 725
application is by a guardian or trustee, the name of the guardian 727
or trustee, how, when, where, and by what court THE GUARDIAN OR 728
TRUSTEE WAS appointed, the full name, nature of disability, and 729
post-office address of his THE ward, and with whom such THE ward 730
resides; OR if made by a corporation, the names and addresses of 731
its president, secretary, and managing officers, when and where 732
IT WAS incorporated, and its principal place of doing business; 733
(B) An accurate and full description of the land as it 735
appears in the muniments of title of the applicant or owner, if 736
it is there so described, OR otherwise a pertinent description 737
from which the land can be definitely and accurately located; 738
and, in all cases, an accurate plat of the land THAT IS drawn to 739
a scale, showing AND SHOWS the lines, corners, monuments, courses 740
and distances, streets, public ways or places, highways, private 742
ways, AND adjoining lands with names of owners, streams, and 743
other important objects connected with said THOSE lands; 744
(C) A description of the buildings and improvements on the 746
land; 747
(D) The applicant's or owner's interest in the land, 749
buildings, and improvements and the source of his THE APPLICANT'S 750
OR OWNER'S title; 751
(E) For what purpose the land, buildings, or improvements 753
are occupied or used, and, if occupied or used by any person 754
other than the applicant or owner, the name, PLACE OF residence, 756
and post-office address of each occupant or user and what 758
interest he EACH OCCUPANT OR USER has or claims therein IN THE 759
18
LAND, BUILDINGS, OR IMPROVEMENTS; 760
(F) The nature, amount, date and, maturity, and volume and 762
page of record, of all apparent or real liens, charges, and 763
encumbrances of any kind on the land, buildings, or improvements, 764
or any part thereof OF THE LAND, BUILDINGS, OR IMPROVEMENTS, 765
including, BUT NOT LIMITED TO, mortgages, deeds of trust as 767
security, mechanics' or materialmen's liens, judgments, decrees, 768
and executions, home and foreign, and the name, PLACE OF 769
residence, and post-office address of each holder thereof, OF THE 770
LIENS, CHARGES, AND ENCUMBRANCES and of each person shown by the 771
records or known to at any time have had an interest in any such 772
lien OF THE LIENS, charge CHARGES, or encumbrance ENCUMBRANCES, 774
and which of said THE apparent liens, charges, and encumbrances 776
are clouds upon the applicant's or owner's title; AND the style, 777
docket number, and character of all suits pending by or against 778
the applicant or owner, or any of his THE APPLICANT'S OR OWNER'S 779
predecessors in title in any court of record, the judgments in 781
which might AFFECT in any way affect the title of the applicant 783
or owner to, or MIGHT become liens upon, the lands described in 784
the application;. ON AND AFTER THE EFFECTIVE DATE OF THIS 785
AMENDMENT, AN APPLICATION SHALL NOT SET FORTH PURSUANT TO THIS 786
DIVISION ANY RESTRICTIVE COVENANT THAT APPEARS TO APPLY TO THE 787
LAND, BUILDINGS, OR IMPROVEMENTS OR ANY PART OF THE LAND,
BUILDINGS, OR IMPROVEMENTS, IF ANY INCLUSION OF THE RESTRICTIVE 789
COVENANT IN A TRANSFER, RENTAL, OR LEASE OF HOUSING 790
ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE RESTRICTIVE 791
COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE
COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER 792
DIVISION (H)(9) OF SECTION 4112.02 OF THE REVISED CODE. 793
(G) Whether any other person to the knowledge or 795
information of the applicant, OR OWNER or as shown by the 797
records, has or claims any interest in the lands, buildings, or 798
improvements, either in law or equity, apparent or real, OR in 799
possession, remainder, reversion, expectancy, or otherwise; the 800
19
name, PLACE OF residence, and post-office address of each such 801
person OF THAT NATURE and the nature of the interest apparent or 802
real, INTEREST so held or claimed,; and which of said THOSE 804
apparent interests are clouds upon the applicant's or owner's 805
title;. ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, AN 806
APPLICATION SHALL NOT SET FORTH PURSUANT TO THIS DIVISION ANY 807
RESTRICTIVE COVENANT THAT APPEARS TO APPLY TO THE LAND, 808
BUILDINGS, OR IMPROVEMENTS OR ANY PART OF THE LAND, BUILDINGS, OR 809
IMPROVEMENTS, IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A 810
TRANSFER, RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY 811
HONORING OR EXERCISING OF THE RESTRICTIVE COVENANT, OR ANY
ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE COVENANT CONSTITUTES 812
AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9) OF 813
SECTION 4112.02 OF THE REVISED CODE. 814
(H) The name, PLACE OF residence, and post-office address 816
of each owner and of each occupant of the adjoining lands so far 817
as shown by the records, and so far as the applicant OR OWNER, 818
upon diligent inquiry and research, is able to ascertain, AND the 820
extent and character of such THOSE ADJOINING lands to be stated; 821
(I) If this state, or any political subdivision thereof, 823
of THE STATE, ANY public authority, or ANY public body corporate, 825
will in any way be affected by a decree of the probate court or 826
the court of common pleas determining or ordering the title of 827
the plaintiff APPLICANT or owner to be registered, the state, or 828
such political subdivision, public authority, or PUBLIC body 829
corporate, shall be made a party defendant to the application, 831
and proper allegations SHALL BE made as to its interest in the 832
case;.
(J) If the applicant OR OWNER desires to have the 834
boundaries of any street, public way, private way, or highway 835
adjacent to or located within said THE land, determined, a 836
statement to that effect, describing the street, public way, 838
private way, or highway, the proper public authority having 839
charge and control of such THAT street, public way, or highway, 840
20
and the persons interested in such THAT private way, to. THE 841
PROPER PUBLIC AUTHORITIES AND INTERESTED PERSONS SHALL be named 842
and made parties defendant, DEFENDANTS TO THE APPLICATION and, AS 844
APPLICABLE, their PLACES OF residence and post-office address 845
ADDRESSES SHALL BE given;.
(K) Such ANY further statements and allegations as THAT 848
are in any case required by sections 5309.02 to 5310.21,
inclusive, THIS CHAPTER OR CHAPTER 5310. of the Revised Code, or 850
which THAT may be required by general or special rule or order of 852
the court in which the application is filed;
(L) Any other material facts within the knowledge or 854
information of the applicant OR OWNER relating to the title or 855
possession of the lands, buildings, or improvements thereon, or 857
to any estate therein IN THE LANDS, BUILDINGS, OR IMPROVEMENTS, 858
or TO ANY lien, charge, or encumbrance thereon; ON THE LAND, 860
BUILDINGS, OR IMPROVEMENTS. ON AND AFTER THE EFFECTIVE DATE OF 861
THIS AMENDMENT, AN APPLICATION SHALL NOT SET FORTH PURSUANT TO 862
THIS DIVISION ANY RESTRICTIVE COVENANT THAT APPEARS TO APPLY TO 863
THE LAND, BUILDINGS, OR IMPROVEMENTS, IF ANY INCLUSION OF THE 864
RESTRICTIVE COVENANT IN A TRANSFER, RENTAL, OR LEASE OF HOUSING 865
ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE RESTRICTIVE 866
COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE
COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER 867
DIVISION (H)(9) OF SECTION 4112.02 OF THE REVISED CODE. 868
(M) A prayer that all persons mentioned in the 870
application, whether by name or other designation, and all other 871
persons whomsoever, may be made and treated as defendants to said 873
THE application and properly brought before the court and, that 874
the title of the plaintiff APPLICANT or owner may be settled and 875
determined and, THAT all clouds MAY BE removed therefrom and FROM 876
THE TITLE, THAT THE TITLE MAY BE ordered to be registered as set 877
out in the petition APPLICATION, and that all lesser or other 878
estates and interests in, and all liens and, charges, AND 879
ENCUMBRANCES upon said THE land or any part thereof OF THE LAND 881
21
MAY be settled and determined by the court and, SUBJECT TO 882
DIVISION (B) OF SECTION 5309.24 OF THE REVISED CODE, MAY BE 883
ordered to be registered. 884
Sec. 5309.24. (A) Every decree of registration in land 893
registration cases shall bear the year, month, day, hour, and 894
minute of its entry and shall be signed by the clerk of the 895
probate court or the clerk of the court of common pleas. It 896
shall give the PLACE OF residence and POST-OFFICE address of the 897
owner of the land registered, state whether he or she THE OWNER 898
is married or unmarried, and if THE OWNER IS married, the name of 899
the husband or wife OWNER'S SPOUSE. If such THE owner is under 902
disability, such THE decree shall state the nature of the
disability, and, if THE OWNER IS a minor, shall state his THE 904
MINOR'S age. Such THE decree shall contain an accurate 905
description and plat of each separate parcel of the land as 906
finally determined and adopted by the probate court or the court 907
of common pleas, shall set forth the estate of the owner, and, in 908
such A manner as to show THAT SHOWS their relative priority, BUT 909
SUBJECT TO DIVISION (B) OF THIS SECTION, SHALL SET FORTH all 910
particular estates, mortgages, easements, liens, attachments, and 912
other encumbrances, including rights of husband or wife SPOUSES, 913
to which the land or the owner's estate is subject and, all suits 914
pending by or against the owner or any of his THE OWNER'S 915
predecessors in title in any court of record in the county, the 917
judgments in which might affect the land or the owner's title
thereto TO THE LAND, and all such suits OF THAT NATURE elsewhere 919
pending if they were brought to the attention of the probate 920
court or the court of common pleas by the pleadings or evidence
in the case. Such THE decree may contain any other matter 921
properly to be determined by the court in pursuance of sections 922
5309.02 to 5310.21, inclusive, UNDER THIS CHAPTER AND CHAPTER 923
5310. of the Revised Code. The decree shall be stated in a form 924
convenient for transcription upon or binding in the register of 925
certificates of title mentioned DESCRIBED in section 5309.25 of 926
22
the Revised Code, and SHALL BE in a form suitable to constitute 927
such THE decree AS a certificate of title, and shall so far GIVE 929
INSOFAR as possible give the full name, PLACE OF residence, and 930
post-office address of each owner and holder of any interest in 931
or lien or, charge, OR ENCUMBRANCE upon the lands or any part 932
thereof OF THE LANDS, EXCEPT AS PROVIDED IN DIVISION (B) OF THIS 933
SECTION. The clerk, under the direction of the court, shall make 934
and keep indexes of all applications and of all decrees of 935
registration. 936
(B) ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, A 938
DECREE OF REGISTRATION IN A LAND REGISTRATION CASE SHALL NOT SET 939
FORTH PURSUANT TO DIVISION (A) OF THIS SECTION ANY RESTRICTIVE 940
COVENANT THAT APPEARS TO APPLY TO THE LAND OR ANY PART OF THE 941
LAND, IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER, 942
RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY HONORING OR 943
EXERCISING OF THE RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR
OR EXERCISE THE RESTRICTIVE COVENANT CONSTITUTES AN UNLAWFUL 944
DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02 945
OF THE REVISED CODE.
Sec. 5309.28. (A) Every applicant in a land registration 954
case who, without fraud on his THE APPLICANT'S part, receives a 956
certificate of title in pursuance of a decree of registration, 957
and every subsequent purchaser of registered land, who takes a 958
certificate of title for value and in good faith, shall hold such 959
THE REGISTERED land free from all estates, encumbrances, and 961
rights except those noted on the certificate and except any of 962
the following estates, encumbrances, and rights which THAT may be 963
existing EXIST: 964
(A)(1) Liens, claims, or rights arising or existing under 966
the laws or constitution of the United States which THAT the 967
statutes of this state cannot require to appear of record in the 968
county recorder's office; 969
(B)(2) Taxes and assessments levied by the United States, 971
this state, or any taxing district of this state; 972
23
(C)(3) Any highway, public way, or private way laid out or 974
acquired by law or otherwise, unless the certificate of title 975
states that the nonexistence of such THE way, or the boundaries 977
thereof OF THE WAY, if the same exists ANY BOUNDARIES EXIST, have 978
been determined by the court;
(D)(4) Any lease for a term not exceeding three years, 980
when there is actual possession under the lease; 981
(E)(5) Right of appeal within thirty days after decree of 983
registration; 984
(F)(6) If there are easements or other rights appurtenant 986
to a parcel of registered land which THAT ARE NOT SUBJECT TO 987
SECTION 5309.281 OF THE REVISED CODE AND THAT for any reason have 988
not been registered, such THOSE easements or rights shall remain 989
appurtenant, notwithstanding such THE failure to register, THEM 991
and shall be held to pass with the land. 992
(B) This section shall be printed or written on all 994
duplicate certificates of title before delivery by the COUNTY 995
recorder.
Sec. 5309.281. ON AND AFTER THE EFFECTIVE DATE OF THIS 997
SECTION, NO COUNTY RECORDER SHALL DO ANY OF THE FOLLOWING: 998
(A) TRANSCRIBE OR BIND IN THE REGISTER OF TITLES AND, IF 1,000
APPLICABLE, FILE A CERTIFIED COPY OF A DECREE OF REGISTRATION 1,001
SENT BY THE CLERK OF A PROBATE COURT PURSUANT TO SECTION 5309.25 1,002
OF THE REVISED CODE, IF THE DECREE SETS FORTH ANY RESTRICTIVE 1,003
COVENANT THAT APPEARS TO APPLY TO THE LAND INVOLVED AND ANY 1,004
INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER, RENTAL, OR
LEASE OF HOUSING ACCOMMODATIONS, ANY HONORING OR EXERCISING OF 1,005
THE RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE 1,006
RESTRICTIVE COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY 1,007
PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02 OF THE REVISED 1,008
CODE;
(B) MAKE AND DELIVER TO THE OWNER OF LAND OR THAT OWNER'S 1,010
AUTHORIZED ATTORNEY AN OWNER'S DUPLICATE CERTIFICATE PURSUANT TO 1,011
SECTION 5309.25 OF THE REVISED CODE, IF DIVISION (A) OF THIS 1,012
24
SECTION PROHIBITS THE TRANSCRIBING OR BINDING OF THE CERTIFIED 1,013
COPY OF THE DECREE OF REGISTRATION IN THE REGISTER OF TITLES; 1,014
(C) ISSUE ANY DUPLICATE CERTIFICATE OF TITLE TO REGISTERED 1,016
LAND, ANY CERTIFIED COPY OF A LOST OR DESTROYED DUPLICATE 1,017
CERTIFICATE OF TITLE TO REGISTERED LAND, OR ANY NEW CERTIFICATE 1,018
OF TITLE TO REGISTERED LAND UNDER ANY PROVISION OF THIS CHAPTER 1,019
AND CHAPTER 5310. OF THE REVISED CODE AND UNDER CIRCUMSTANCES NOT 1,020
DESCRIBED IN DIVISION (B) OF THIS SECTION, WITHOUT FIRST DELETING 1,021
IN THE DUPLICATE CERTIFICATE OF TITLE, CERTIFIED COPY OF THE LOST 1,022
OR DESTROYED DUPLICATE CERTIFICATE OF TITLE, OR NEW CERTIFICATE 1,023
OF TITLE ANY REFERENCE TO ANY RESTRICTIVE COVENANT DESCRIBED IN
DIVISION (A) OF THIS SECTION; 1,025
(D) INITIALLY ENTER ANY MEMORIAL, NOTATION, OR MEMORANDUM 1,027
TO THE EXTENT THAT IT REFERS TO ANY RESTRICTIVE COVENANT 1,028
DESCRIBED IN DIVISION (A) OF THIS SECTION; 1,029
(E) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS CHAPTER 1,031
OR CHAPTER 5310. OF THE REVISED CODE, CARRY FORWARD IN CONNECTION 1,032
WITH THE REGISTRATION OF A TRANSFER OF REGISTERED LAND ANY 1,033
MEMORIAL, NOTATION, OR MEMORANDUM TO THE EXTENT THAT IT REFERS TO 1,034
ANY RESTRICTIVE COVENANT DESCRIBED IN DIVISION (A) OF THIS 1,035
SECTION;
(F) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS 1,037
CHAPTER, FILE ANY INSTRUMENT OR PAPER THAT RELATES TO REGISTERED 1,038
LAND AND THAT REFERS TO ANY RESTRICTIVE COVENANT DESCRIBED IN 1,039
DIVISION (A) OF THIS SECTION;
(G) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS 1,041
CHAPTER, ENTER AND INDEX ANY INSTRUMENT OR PAPER WITH A REFERENCE 1,042
TO A CERTIFICATE OF TITLE, IF THE INSTRUMENT OR PAPER REFERS TO 1,043
ANY RESTRICTIVE COVENANT DESCRIBED IN DIVISION (A) OF THIS 1,044
SECTION.
Sec. 5309.33. (A) The county recorder shall keep tract 1,053
indexes if the board of county commissioners orders him THE 1,055
RECORDER to do so and provides the proper records for such THOSE 1,056
indexes. In such THOSE indexes such, THE recorder shall enter 1,058
25
the lands registered in the numerical order of the townships, 1,059
ranges, and sections, or original surveys, and, in THE case of 1,060
subdivisions, the blocks and lots therein, and IN THE 1,061
SUBDIVISIONS; the name of the owners, with; AND a reference to 1,062
the volume and folium of the register in which the lands are 1,064
registered. Each THE recorder shall keep alphabetical indexes, 1,066
in which shall be entered in alphabetical order the names of all 1,067
registered owners and all other persons interested in, or holding 1,068
charges upon, registered land, a short description of the land, 1,069
and THE nature of the dealing, with AND a reference to the volume 1,071
and folium of the register in which the land is registered. 1,072
(B) IN CONNECTION WITH ANY TRANSFER OF REGISTERED LAND 1,074
THAT OCCURS ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT IN 1,075
ACCORDANCE WITH THIS CHAPTER AND CHAPTER 5310. OF THE REVISED 1,076
CODE, THE COUNTY RECORDER SHALL DELETE FROM THE INDEXES 1,077
MAINTAINED UNDER THIS SECTION ALL REFERENCES TO ANY RESTRICTIVE 1,078
COVENANT THAT APPEARS TO APPLY TO THE TRANSFERRED REGISTERED
LAND, IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER, 1,079
RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY HONORING OR 1,080
EXERCISING OF THE RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR 1,081
OR EXERCISE THE RESTRICTIVE COVENANT CONSTITUTES AN UNLAWFUL 1,082
DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02 1,083
OF THE REVISED CODE.
Sec. 5309.36. Whenever SUBJECT TO DIVISION (E) OF SECTION 1,092
5309.281 OF THE REVISED CODE, IF a memorial or notation has been 1,093
entered as permitted by sections 5309.02 to 5310.21, inclusive, 1,094
THIS CHAPTER AND CHAPTER 5310. of the Revised Code, the county 1,095
recorder shall carry such THE memorial or notation forward upon 1,096
all certificates of title until such THOSE certificates are 1,097
canceled in some manner authorized by such sections THIS CHAPTER 1,098
OR CHAPTER 5310. OF THE REVISED CODE. 1,099
Sec. 5309.38. Each county recorder shall keep an entry 1,108
book in which he THE RECORDER shall enter and number in the order 1,110
of their reception all deeds and other voluntary instruments and, 1,111
26
all involuntary instruments, and copies of writs or other papers 1,112
THAT ARE filed with him which THE RECORDER AND THAT relate to 1,114
registered land. He EXCEPT AS PROVIDED IN SECTION 5309.281 OF 1,115
THE REVISED CODE, THE RECORDER shall note in such THE ENTRY book 1,116
the year, month, day, hour, and minute of reception of all 1,117
instruments or papers in the order in which they are received, 1,118
and shall ENTER at the same time enter the number of the AN 1,120
instrument or paper in the appropriate blank space on the 1,121
registered certificate of title for the land to which it relates. 1,122
Such EXCEPT AS PROVIDED IN SECTION 5309.281 OF THE REVISED CODE, 1,123
THE instruments AND PAPERS shall be regarded as registered and 1,124
become effective for the purposes intended from the time they are 1,125
so filed and noted, and certificates of title and the memorials 1,126
MEMORIAL of each instrument OR PAPER when made on the registered 1,128
certficate CERTIFICATE OF TITLE or duplicate certificate of title 1,130
to which it relates shall bear the same date, except as provided 1,131
in sections 5309.02 to 5310.21, inclusive, THIS CHAPTER AND 1,132
CHAPTER 5310. of the Revised Code. 1,133
Every deed or other instrument, voluntary or involuntary, 1,135
INSTRUMENT and every paper which THAT is filed with the recorder, 1,137
shall be numbered and endorsed over the official signature of the 1,138
recorder with the time of filing and, SUBJECT TO SECTION 5309.281 1,139
OF THE REVISED CODE, SHALL BE entered and indexed with a 1,140
reference to the proper certificate of title. All records, 1,141
INSTRUMENTS, and papers relative to registered land in the office 1,143
of the recorder shall be open to the public in the same manner as 1,144
other public records, subject to such reasonable regulations as 1,145
THAT the recorder makes under the direction of the probate court 1,147
or the court of common pleas. 1,148
Sec. 5309.40. A registered owner in fee of real property, 1,157
in order to transfer his THE OWNER'S whole interest in such THE 1,159
property or in any part thereof, OF THE PROPERTY or TO TRANSFER 1,160
any undivided interest therein, IN THE PROPERTY shall execute to 1,162
the intended transferee a deed or instrument of conveyance which 1,163
27
THAT, in case of transfer of the whole of the land PROPERTY, may 1,164
be on the duplicate certificate of title,. THE DEED OR 1,165
INSTRUMENT OF CONVEYANCE MAY BE in any form authorized by law. 1,168
When such THE transferee presents such THE deed or instrument OF 1,169
CONVEYANCE to the county recorder of the county where IN WHICH 1,170
the land PROPERTY is situated, such THE recorder shall file the 1,171
same DEED OR INSTRUMENT OF CONVEYANCE, and, if he THE RECORDER 1,172
finds that such THE transferor is entitled to make the transfer 1,175
as provided in sections 5309.02 to 5310.21, inclusive, UNDER THIS 1,176
CHAPTER AND CHAPTER 5310. of the Revised Code, the recorder shall 1,178
register the title, in accordance with such THE deed or 1,179
instrument of conveyance, in the NAME OF THE transferee, upon a 1,180
new folium in the register of titles, and SHALL enter thereon ON 1,181
THE NEW FOLIUM IN A MANNER CONSISTENT WITH SECTION 5309.281 OF 1,182
THE REVISED CODE all memorials, notations, and memorandums, 1,184
MEMORANDA to which the land PROPERTY is subject at the time of 1,186
the transfer, and shall issue a new certificate of title to the 1,187
transferee, stating therein his THAT STATES THE TRANSFEREE'S full 1,188
name, PLACE OF residence, and post-office address, whether THE 1,189
TRANSFEREE IS married, and, if so THE TRANSFEREE IS MARRIED, the 1,190
name of husband or wife THE TRANSFEREE'S SPOUSE. If the 1,191
transferee is a minor, his THE TRANSFEREE'S exact age must be 1,193
given ON THE NEW CERTIFICATE OF TITLE, or, if THE TRANSFEREE IS 1,194
under other ANOTHER disability, the nature and character of such 1,196
THAT disability must be stated ON THE NEW CERTIFICATE OF TITLE. 1,197
Before a transfer can be registered, the transferor or the 1,198
transferee must SHALL deliver to the recorder the duplicate 1,200
certificate of title of the transferor, and the recorder shall 1,201
enter upon the folium of the register where such IN WHICH THE 1,202
title of the transferor is registered, and upon the duplicate 1,203
certificate of title, a memorial or memorandum canceling the same 1,205
IT, in whole or in part, as the interest of the transferee may 1,206
appear from the deed or other instrument of transfer CONVEYANCE, 1,207
with such THE particulars of the transfer as THAT may be 1,208
28
necessary for identification, together with the date of transfer, 1,209
the name and, PLACE OF residence, and post-office address of the 1,211
transferee, and THE volume and folium of the register in which 1,212
the transferee's title is registered. 1,213
Sec. 5309.76. (A) After a title is registered and a 1,222
certificate of title is issued therefor, FOR THE REGISTERED LAND 1,223
or after a memorandum, notation, or memorial is made on the 1,225
register of titles and attested, no alteration or erasure shall 1,226
be made therein IN THE REGISTER except in the manner provided in 1,227
this section AND AS REQUIRED BY SECTION 5309.281 OF THE REVISED 1,228
CODE.
(B) A person whose name was changed since CHANGES AFTER 1,231
the issuing of a REGISTERED certificate of title or, who was IS 1,232
registered as married but the WHOSE marriage has terminated, or 1,233
whose name by mistake IS wrongly stated in a registered 1,234
certificate OF TITLE, must, upon satisfying the county recorder 1,236
of the facts, SHALL surrender his THAT PERSON'S duplicate 1,237
certificate OF TITLE and take out a new one CERTIFICATE OF TITLE 1,238
in his THAT PERSON'S correct or changed name, and. THE RECORDER 1,239
SHALL ENTER AND ATTEST ON THE REGISTER OF TITLES a memorandum of 1,240
such THAT change or correction, giving the AND ITS date thereof, 1,242
must be entered and attested by the recorder. This paragraph 1,243
DIVISION applies to every person holding a registered interest in 1,244
or upon land, and no transfer or assignment shall be registered 1,245
until such A change or correction DESCRIBED IN THIS DIVISION is 1,246
made.
(C) When it appears that there is an error or omission in 1,248
any certificate of title, or memorandum, or memorial, or that any 1,249
memorandum or memorial was made, entered, and indorsed, ENDORSED 1,250
or any certificate of title was entered or issued by mistake, or 1,252
that any certificate of title was, MEMORANDUM, OR MEMORIAL by 1,253
mistake or otherwise WAS improperly canceled or improperly 1,255
removed from the record REGISTER OF TITLES, the COUNTY recorder 1,256
may, on his THE RECORDER'S own motion, or upon the application of 1,257
29
any person interested, PERSON, MAY summon all persons registered 1,258
as interested in the lands to which such THE certificate of 1,259
title, memorandum, or memorial relates, to appear at an appointed 1,261
time, and TO produce their certificates of title or registered 1,262
instruments, and if. IF, at the appointed time, the recorder 1,263
finds such AN error, or omission, or mistake, or such improper 1,265
cancellation, or improper removal of a certificate of title 1,266
exists, AS DESCRIBED IN THIS DIVISION and that no rights of bona 1,267
fide purchasers or lien holders LIENHOLDERS for value have 1,268
intervened by which their estate or interest will be impaired by 1,270
the correction of such THE error, omission, or mistake, or by the 1,271
restoration to the register of any such improperly canceled or 1,273
improperly removed certificate of title, he MEMORANDUM, OR 1,274
MEMORIAL, THE RECORDER shall correct such THE error or mistake, 1,275
or supply the omission, and may correct the cancellation of any 1,276
THE certificate of title or registered instrument, or any 1,277
memorandum, or memorial entered upon the registration book, or 1,278
indorsed upon the registered instrument or certificate of title, 1,279
by mistake, or restore to the register such THE improperly 1,281
canceled or improperly removed certificate of title, MEMORANDUM, 1,282
OR MEMORIAL, provided that, in correcting any such error or 1,284
mistake, the original words shall not be erased or rendered 1,285
illegible. The recorder shall attest such THE corrections and 1,287
restorations by affixing his THE RECORDER'S initials or name and 1,288
the date thereof OF THE CORRECTIONS OR RESTORATIONS.
Section 2. That existing sections 317.20, 1923.06, 1,290
3953.01, 3953.04, 3953.07, 5309.01, 5309.06, 5309.09, 5309.24, 1,291
5309.28, 5309.33, 5309.36, 5309.38, 5309.40, and 5309.76 of the 1,292
Revised Code are hereby repealed.
Section 3. Chapter 765. of the Revised Code shall be known 1,294
as "Noncriminal Land Use Infractions." 1,295