As Passed by the Senate

125th General Assembly
Regular Session
Sub. H. B. No. 53

Representatives Seitz, Raussen, Schneider, Hagan, T. Patton, McGregor, Chandler, Carano, Calvert, Wolpert, Jolivette, Kearns, Otterman, Allen, Koziura, Ujvagi, Niehaus, S. Patton, Webster, S. Smith, DeBose, Harwood, Olman, Flowers, Widowfield, Daniels, Cirelli, Domenick, Schlichter, Price, Skindell, C. Evans, Walcher, Barrett, Brown, Buehrer, Cates, Clancy, Collier, Core, Distel, D. Evans, Gibbs, Gilb, Hartnett, Hoops, Hughes, Key, Miller, Perry, Reidelbach, Schmidt, Seaver, Setzer, Sferra, D. Stewart, J. Stewart, Taylor, Widener, Yates 

Senators Mumper, Herington, Schuler 

To amend sections 5309.24, 5309.25, 5309.95, 5309.96,1
5309.98, 5310.03, and 5310.07 and to enact section2
5309.031 of the Revised Code to allow a county3
recorder to maintain registered land records by 4
the use of photographic, magnetic, electronic, or5
certain other processes, means, or displays.6


       Section 1. That sections 5309.24, 5309.25, 5309.95, 5309.96,7
5309.98, 5310.03, and 5310.07 be amended and section 5309.031 of8
the Revised Code be enacted to read as follows:9

       Sec. 5309.031. (A) Notwithstanding any provision of this10
chapter or Chapter 5310. of the Revised Code to the contrary, and11
in accordance with the rules adopted by the county recorder under12
division (C) of this section, the recorder may perform any of the13
following functions by nonpaper means:14

       (1) Transcribe a certified copy of a decree of registration15
sent by the clerk of a probate court pursuant to section 5309.2516
of the Revised Code;17

       (2) Enter any memorial, notation, or memorandum pertaining to 18
registered land;19

       (3) Register a subsequent transfer of registered land and20
carry forward in connection with the registration any memorial,21
notation, or memorandum;22

       (4) Enter, index, and, if applicable, file any registered23
land record, including, but not limited to, documents relating to24
cancellations, releases, discharges, or satisfactions;25

       (5) Maintain each of the following:26

       (a) The register of titles kept pursuant to section 5309.2527
of the Revised Code;28

       (b) The records of surveys of registered land kept pursuant29
to section 5309.32 of the Revised Code;30

       (c) The tract indexes, if any, required by the board of31
county commissioners pursuant to section 5309.33 of the Revised32
Code and the alphabetical indexes kept pursuant to that section;33

       (d) The record of trusts and exceptional estates in34
registered land kept pursuant to section 5309.35 of the Revised35

       (e) The entry book kept pursuant to section 5309.38 of the37
Revised Code;38

       (f) The records of liens on registered land kept pursuant to39
section 5309.50 of the Revised Code and the record of leases on40
registered land kept pursuant to that section.41

       (6) Fulfill any other requirement of this chapter or Chapter42
5310. of the Revised Code concerning the recorder's maintenance of43
registered land records.44

       (B) If a county recorder maintains registered land records by 45
nonpaper means under division (A) of this section, all of the46
following shall apply:47

       (1) The recorder shall keep and have readily available the48
machines and equipment necessary to permit the inspection of, or49
to reproduce copies of, the registered land records maintained at50
the recorder's office, to fulfill requests made under section51
149.43 of the Revised Code.52

       (2) Photographs, microphotographs, films, or microfilms shall 53
be placed and kept in conveniently accessible, fireproof, and 54
insulated files, cabinets, or containers.55

       (3) Notwithstanding any rules adopted by a county records56
commission under section 149.38 of the Revised Code specifying the57
length of time original paper records must be retained in that 58
format, the recorder may dispose of the register of titles kept in 59
book format and any other original paper registered land record 60
provided for in section 5309.25 of the Revised Code after it has 61
been transcribed, registered, entered, indexed, or filed by 62
nonpaper means under division (A) of this section, in accordance 63
with the rules adopted under division (C) of this section. The 64
recorder shall adhere to all other applicable records retention 65
rules adopted by a county records commission under section 149.38 66
of the Revised Code.67

       (C)(1) A county recorder choosing to maintain registered land 68
records by nonpaper means under division (A) of this section shall 69
adopt rules for implementing this section. These rules shall be 70
subject to approval by the board of county commissioners and shall71
do all of the following:72

       (a) Specify the type of nonpaper means that the county73
recorder will use to perform registered land functions;74

        (b) Identify the registered land functions that the county75
recorder will perform, and the registered land records that the76
county recorder will maintain, by nonpaper means;77

        (c) Specify the form of the record maintained by nonpaper78
means that will be deemed the original certificate of title under79
division (B) of section 5309.25 of the Revised Code;80

        (d) Provide for preserving, safekeeping, using, examining,81
exhibiting, projecting, and enlarging photographs,82
microphotographs, films, and microfilms;83

       (e) Provide for secure storage and maintenance of nonpaper84
records, including, but not limited to, requiring daily backups of85
records stored on computer to reflect daily changes made to those86

       (f) Specify the manner in which the recorder will sign an88
original certificate of title or other registered land record that89
is entered, indexed, or filed by nonpaper means;90

       (g) Provide for any other policies, procedures, or practices91
necessary for the maintenance of registered land records by92
nonpaper means.93

        (2) All registered land functions of a county recorder and 94
all registered land records maintained by nonpaper means under 95
division (A) of this section shall comply with the otherwise 96
applicable requirements of this chapter and Chapter 5310. of the 97
Revised Code.98

       (3) Any rules adopted under division (C)(1) of this section99
dealing with secure storage and computer or other security100
processes for nonpaper records may be approved in an executive101
session of a board of county commissioners.102

        (D) As used in this section and sections 5309.24, 5309.25,103
5309.95, 5309.96, and 5309.98 of the Revised Code, "nonpaper104
means" means at least one process from each of the following105
categories, which process provides a medium of copying, recording,106
or reproducing applicable registered land records, including, but107
not limited to, memoranda, certificates, affidavits, or decrees:108

        (1) Any photostatic, photographic, miniature photographic,109
film, microfilm, or microphotographic process;110

        (2) Perforated tape, magnetic tape, or other magnetic means,111
electronic data processing or other electronic means, machine112
readable means, or graphic or video display. 113

       Sec. 5309.24.  (A) Every decree of registration in land114
registration cases shall bear the year, month, day, hour, and115
minute of its entry and shall be signed by the clerk of the116
probate court. It shall give the place of residence and117
post-office address of the owner of the land registered, state118
whether the owner is married or unmarried, and, if the owner is119
married, state the name of the owner's spouse. If the owner is120
under disability, the decree shall state the nature of the121
disability and, if the owner is a minor, shall state the minor's122
age. The decree shall contain an accurate description and plat of123
each separate parcel of the land as finally determined and adopted124
by the probate court, shall set forth the estate of the owner,125
and, in a manner that shows their relative priority, but subject126
to division (B) of this section, shall set forth all particular127
estates, mortgages, easements, liens, attachments, and other128
encumbrances, including rights of spouses, to which the land or129
the owner's estate is subject, all suits pending by or against the130
owner or any of the owner's predecessors in title in any court of131
record in the county the judgments in which might affect the land132
or the owner's title to the land, and all suits of that nature133
elsewhere pending if they were brought to the attention of the134
probate court by the pleadings or evidence in the case. The decree 135
may contain any other matter properly to be determined by the 136
court under this chapter and Chapter 5310. of the Revised Code. 137
The decree shall be stated in a form convenient for physical138
transcription upon, transcription by any of the applicable 139
nonpaper means referred to in division (D) of section 5309.031 of 140
the Revised Code upon, or binding in the register of certificates 141
of titletitles described in section 5309.25 of the Revised Code, 142
shall be in a form suitable to constitute the decree as a 143
certificate of title, and shall give insofar as possible the full 144
name, place of residence, and post-office address of each owner 145
and holder of any interest in or lien, charge, or encumbrance upon 146
the lands or any part of the lands, except as provided in division 147
(B) of this section. The clerk, under the direction of the court, 148
shall make and keep indexes of all applications and of all decrees 149
of registration.150

       (B) On and after the effective date of this amendmentMarch151
30, 1999, a decree of registration in a land registration case152
shall not set forth pursuant to division (A) of this section any153
restrictive covenant that appears to apply to the land or any part154
of the land, if any inclusion of the restrictive covenant in a155
transfer, rental, or lease of housing accommodations, any honoring156
or exercising of the restrictive covenant, or any attempt to honor157
or exercise the restrictive covenant constitutes an unlawful158
discriminatory practice under division (H)(9) of section 4112.02159
of the Revised Code.160

       Sec. 5309.25. (A) Immediately upon the entry of the decree of161
registration as provided in sections 5309.23 and 5309.24 of the162
Revised Code, the clerk of the probate court or the clerk of the163
court of common pleas shall send a certified copy thereofof the164
decree, under the seal of the court, to the county recorder for165
the county in which the land or any part thereofof the land lies,166
and the. The recorder shall transcribe or bind the decree in a167
book to be called the register of titles, in which leaves in168
consecutive order shall be devoted exclusively to each title, with169
appropriate blanks for the entry of memorials and notations. Such170
The recorder shall note in suchthe register the day, hour, and171
minute when saidthe decree is filed with himthe recorder. The172

       The entry made by the recorder in suchthe register in each173
case shall be the original certificate of title, and shall be174
signed by himthe recorder. Each certificate of title with such175
its blanks for memorials and notations shall constitute a separate176
folium of suchthe register. All memorials and notations that may177
be entered upon the register under sections 5309.02 to 5310.21,178
inclusive,this chapter or Chapter 5310. of the Revised Code,179
shall be entered upon the folium constituted by the last180
certificate of title of the land to which they relate.181

       All certificates of title shall be numbered consecutively,182
beginning with number one. The recorder shall in each case make an 183
exact physical duplicate of the original certificate, but shall184
put on suchthe duplicate "Owner's duplicate certificate," and185
deliver it to the owner or to histhe owner's authorized attorney.186
In case of a variance between the owner's duplicate certificate187
and the original certificate, the original shall prevail. The188

       The certified copy of the decree of registration shall, in189
case it is transcribed into the registration bookregister, be190
filed and numbered by the recorder, with a reference noted on it191
to the place of record of the original certificate of title. The192
recorder may rebind or retranscribe the certificates in new193
volumes of registration booksthe register containing respectively194
canceled and uncanceled certificates and prepare new indexes for195
the uncanceled certificates. If196

       If an application includes land lying in more than one197
county, the court shall cause the part lying in each county to be198
platted and described separately by metes and bounds or other199
definite description in the decree of registration, and; the clerk200
shall send to the recorder for each county a copy of the decree201
containing a plat and description of the land within that county;202
and the recorder shall register it and issue an owner's duplicate203
thereforcertificate of title; and thereafter, for all matters204
pertaining to registration, the portion in each county shall be205
treated as a separate parcel of land. If more than one entire and206
distinct parcel of land lying wholly in the county is included in207
the application and decree, the clerk shall, if required by the208
applicant, send suchthe recorder certified copies of the decree209
so farinsofar as it relates to each of saidthe separate and210
distinct parcels, giving plat and description thereof, andof each211
parcel; separate registration of each parcel shall be made212
accordingly by the recorder. The213

       The clerk shall, at once in every cause, make a final record214
of suchthe cause and immediately thereafter deliver to the215
recorder all papers in the case, taking histhe recorder's receipt216
therefor, whichfor those papers the. The recorder shall file,217
index, and carefully preserve, and note on the original218
certificate in histhe recorder's office such, the filing and the219
number or other designation under which theythose papers may be220

       (B) If the county recorder maintains registered land records 222
by nonpaper means under section 5309.031 of the Revised Code, the 223
record that the recorder designates under division (C)(1)(c) of 224
that section shall be deemed the original certificate of title for 225
the registered land.226

       Sec. 5309.95.  All books, blanks, papers, and other things227
necessary for administering sections 5309.02 to 5310.21,228
inclusive,this chapter and Chapter 5310. of the Revised Code,229
including, but not limited to, equipment, machines, and materials230
related to the registered land functions of a county recorder and231
the maintenance of registered land records by nonpaper means under232
division (A) of section 5309.031 of the Revised Code, shall be233
furnished by the board of county commissioners.234

       Sec. 5309.96.  No record, instrument or papers, paper, or235
other document required by sections 5309.02 to 5310.21, inclusive,236
this chapter or Chapter 5310. of the Revised Code, to be filed or237
kept in the office of the county recorder, including, but not238
limited to, any registered land record maintained by nonpaper239
means under division (A) of section 5309.031 of the Revised Code,240
shall be taken or otherwise caused to be removed from suchthe241
recorder's office except by a subpoena duces tecum issued for and242
served upon the recorder by a court of record. When any record,243
instrument, paper, or other document is registered, the recorder,244
on demand,and the tendering of the proper fee being tendered245
thereforfor it, shall deliver to any person certified copiesa246
copy of suchthe record, instrument, paper, or other document247
with, when applicable, all memorandumsmemoranda, memorials, and248
indorsements thereonnotations on it, certified under histhe249
recorder's hand and seal of office. The recorder shall indorse250
endorse, in writing, across the face of all such copies, in red251
ink, "copy; no rights conveyed hereby."252

       Every copy of original records, instruments, papers, or other253
documents, certified as provided for in this section, shall be254
received in all cases in place of the original record, instrument,255
paper, or other document and shall have the same effect in256
evidence as the original record, instrument, paper, or other257

       Sec. 5309.98. TheExcept for registered land records259
maintained by nonpaper means under division (A) of section260
5309.031 of the Revised Code, which shall be governed by the rules261
adopted under division (C) of that section, the court of appeals262
in any appellate district may prescribe rules of practice and263
procedure for the guidance of theeach county recorder, and the264
conduct of proceedings in the probate courts or courts of common265
pleas, within such districtsthe district, in any matter arising266
under sections 5309.02 to 5310.21, inclusive,this chapter or267
Chapter 5310. of the Revised Code.268

       Sec. 5310.03.  The original certificate of title in the269
registration bookregister of titles, any copy thereofof it270
certified under the signature of the county recorder, and the271
owner's duplicate of the original certificate of title, shall be272
received as evidence in all the courts of the state and shall be273
conclusive as to all matters contained thereinin it, except as274
provided in sections 5309.02 to 5310.21, inclusive,this chapter275
or Chapter 5309. of the Revised Code. All subsequent certificates276
of title and memorials thereonon them shall be conclusive in277
favor of bona fide owners and holders except subsequent278
certificates and memorials thereonon them procured by forgery.279

       Sec. 5310.07.  A person who, without negligence on histhe280
person's part, sustains loss or damage, or is deprived of land or281
of any interest thereinin land, after the original registration282
of land, by the registration of another person as owner of such283
the land or of any interest thereinin the land, through fraud, or284
in consequence of any error, omission, mistake, or misdescription285
in any certificate of title or in any entry or memorandum in the286
registration bookregister of titles, may bring an action in the287
court of common pleas of the county in which the land is situated288
against the treasurer of state for the recovery of compensation289
for suchthat loss or damage, or for suchthat land or interest290
thereinin land, from the assurance fund. If the person who is291
deprived of land or of any interest thereinin land in the manner292
stated in this section has a right of action, or otheranother293
remedy for the recovery of the land, or of the interest thereinin294
land, hethe person shall exhaust suchthat remedy before295
resorting to the action of contract provided in this section. This296
section does not deprive the plaintiff of any action ofin tort297
which hethat the plaintiff may have against any person for such298
the loss or damage, or the deprivation of any land or of any299
interest thereinin land.300

       Section 2. That existing sections 5309.24, 5309.25, 5309.95,301
5309.96, 5309.98, 5310.03, and 5310.07 of the Revised Code are302
hereby repealed.303