As Reported by the House County and Township Government Committee

125th General Assembly Regular Session 2003-2004

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 

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A BILL

To amend sections 5309.24, 5309.25, 5309.95, 5309.96,

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5309.98, 5310.03, and 5310.07 and to enact section

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5309.031 of the Revised Code to allow a county

3

recorder to maintain registered land records by

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the use of photographic, magnetic, electronic, or

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certain other processes, means, or displays.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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 of	8
the Revised Code be enacted to read as follows:	9

Sec. 5309.031. (A) Notwithstanding any provision of this	10
chapter or Chapter 5310. of the Revised Code to the contrary, and	11
in accordance with the rules adopted by the county recorder under	12
division (C) of this section, the recorder may perform any of the	13
following functions by nonpaper means:	14

(1) Transcribe a certified copy of a decree of registration	15
sent by the clerk of a probate court pursuant to section 5309.25	16
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 and	20
carry forward in connection with the registration any memorial,	21
notation, or memorandum;	22

(4) Enter, index, and, if applicable, file any registered	23
land record, including, but not limited to, documents relating to	24
cancellations, releases, discharges, or satisfactions;	25

(5) Maintain each of the following:

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(a) The register of titles kept pursuant to section 5309.25	27
of the Revised Code;	28

(b) The records of surveys of registered land kept pursuant	29
to section 5309.32 of the Revised Code;	30

(c) The tract indexes, if any, required by the board of	31
county commissioners pursuant to section 5309.33 of the Revised	32
Code and the alphabetical indexes kept pursuant to that section;	33

(d) The record of trusts and exceptional estates in	34
registered land kept pursuant to section 5309.35 of the Revised	35
Code;	36

(e) The entry book kept pursuant to section 5309.38 of the	37
Revised Code;	38

(f) The records of liens on registered land kept pursuant to	39
section 5309.50 of the Revised Code and the record of leases on	40
registered land kept pursuant to that section.	41

(6) Fulfill any other requirement of this chapter or Chapter	42
5310. of the Revised Code concerning the recorder's maintenance of	43
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 the	46
following shall apply:	47

(1) The recorder shall keep and have readily available the	48
machines and equipment necessary to permit the inspection of, or	49
to reproduce copies of, the registered land records maintained at	50
the recorder's office, to fulfill requests made under section	51
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 records	56
commission under section 149.38 of the Revised Code specifying the	57
length of time original paper records must be retained in that	58
original format, the recorder may dispose of any original paper	59
registered land record maintained by that office after it has been	60
transcribed, registered, entered, indexed, or filed by nonpaper	61
means under division (A) of this section, in accordance with the	62
rules adopted under division (C) of this section. The recorder	63
shall adhere to all other applicable records retention rules	64
adopted by a county records commission under section 149.38 of the	65
Revised Code.	66

(C)(1) A county recorder choosing to maintain registered land	67
records by nonpaper means under division (A) of this section shall	68
adopt rules for implementing this section. These rules shall be	69
subject to approval by the board of county commissioners and shall	70
do all of the following:	71

(a) Specify the type of nonpaper means that the county	72
recorder will use to perform registered land functions;	73

(b) Identify the registered land functions that the county	74
recorder will perform, and the registered land records that the	75
county recorder will maintain, by nonpaper means;	76

(c) Specify the form of the record maintained by nonpaper	77
means that will be deemed the original certificate of title under	78
division (B) of section 5309.25 of the Revised Code;	79

(d) Provide for preserving, safekeeping, using, examining,	80
exhibiting, projecting, and enlarging photographs,	81
microphotographs, films, and microfilms;	82

(e) Provide for secure storage and maintenance of nonpaper	83
records, including, but not limited to, requiring daily backups of	84
records stored on computer to reflect daily changes made to those	85
records;	86

(f) Specify the manner in which the recorder will sign an	87
original certificate of title or other registered land record that	88
is entered, indexed, or filed by nonpaper means;	89

(g) Provide for any other policies, procedures, or practices	90
necessary for the maintenance of registered land records by	91
nonpaper means.	92

(2) To the extent practicable, all registered land functions	93
of a county recorder and all registered land records maintained by	94
nonpaper means under division (A) of this section shall be in	95
accordance with the otherwise applicable requirements of this	96
chapter and Chapter 5310. of the Revised Code.	97

(3) Any rules adopted under division (C)(1) of this section	98
dealing with secure storage and computer or other security	99
processes for nonpaper records may be approved in an executive	100
session of a board of county commissioners.	101

(D) As used in this section and sections 5309.24, 5309.25,	102
5309.95, 5309.96, and 5309.98 of the Revised Code, "nonpaper	103
means" means at least one process from each of the following	104
categories, which process provides a medium of copying, recording,	105
or reproducing applicable registered land records, including, but	106
not limited to, memoranda, certificates, affidavits, or decrees:	107

(1) Any photostatic, photographic, miniature photographic,	108
film, microfilm, or microphotographic process;	109

(2) Perforated tape, magnetic tape, or other magnetic means,	110
electronic data processing or other electronic means, machine	111
readable means, or graphic or video display.	112

Sec. 5309.24.  (A) Every decree of registration in land	113
registration cases shall bear the year, month, day, hour, and	114
minute of its entry and shall be signed by the clerk of the	115
probate court. It shall give the place of residence and	116
post-office address of the owner of the land registered, state	117
whether the owner is married or unmarried, and, if the owner is	118
married, state the name of the owner's spouse. If the owner is	119
under disability, the decree shall state the nature of the	120
disability and, if the owner is a minor, shall state the minor's	121
age. The decree shall contain an accurate description and plat of	122
each separate parcel of the land as finally determined and adopted	123
by the probate court, shall set forth the estate of the owner,	124
and, in a manner that shows their relative priority, but subject	125
to division (B) of this section, shall set forth all particular	126
estates, mortgages, easements, liens, attachments, and other	127
encumbrances, including rights of spouses, to which the land or	128
the owner's estate is subject, all suits pending by or against the	129
owner or any of the owner's predecessors in title in any court of	130
record in the county the judgments in which might affect the land	131
or the owner's title to the land, and all suits of that nature	132
elsewhere pending if they were brought to the attention of the	133
probate court by the pleadings or evidence in the case. The decree	134
may contain any other matter properly to be determined by the	135
court under this chapter and Chapter 5310. of the Revised Code.	136
The decree shall be stated in a form convenient for physical	137
transcription upon, transcription by any of the applicable	138
nonpaper means referred to in division (D) of section 5309.031 of	139
the Revised Code upon, or binding in the register of certificates	140
of titletitles described in section 5309.25 of the Revised Code,	141
shall be in a form suitable to constitute the decree as a	142
certificate of title, and shall give insofar as possible the full	143
name, place of residence, and post-office address of each owner	144
and holder of any interest in or lien, charge, or encumbrance upon	145
the lands or any part of the lands, except as provided in division	146
(B) of this section. The clerk, under the direction of the court,	147
shall make and keep indexes of all applications and of all decrees	148
of registration.	149

(B) On and after the effective date of this amendmentMarch	150
30, 1999, a decree of registration in a land registration case	151
shall not set forth pursuant to division (A) of this section any	152
restrictive covenant that appears to apply to the land or any part	153
of the land, if any inclusion of the restrictive covenant in a	154
transfer, rental, or lease of housing accommodations, any honoring	155
or exercising of the restrictive covenant, or any attempt to honor	156
or exercise the restrictive covenant constitutes an unlawful	157
discriminatory practice under division (H)(9) of section 4112.02	158
of the Revised Code.	159

Sec. 5309.25. (A) Immediately upon the entry of the decree of	160
registration as provided in sections 5309.23 and 5309.24 of the	161
Revised Code, the clerk of the probate court or the clerk of the	162
court of common pleas shall send a certified copy thereofof the	163
decree, under the seal of the court, to the county recorder for	164
the county in which the land or any part thereofof the land lies,	165
and the. The recorder shall transcribe or bind the decree in a	166
book to be called the register of titles, in which leaves in	167
consecutive order shall be devoted exclusively to each title, with	168
appropriate blanks for the entry of memorials and notations. Such	169
The recorder shall note in suchthe register the day, hour, and	170
minute when saidthe decree is filed with himthe recorder. The	171

The entry made by the recorder in suchthe register in each	172
case shall be the original certificate of title, and shall be	173
signed by himthe recorder. Each certificate of title with such	174
its blanks for memorials and notations shall constitute a separate	175
folium of suchthe register. All memorials and notations that may	176
be entered upon the register under sections 5309.02 to 5310.21,	177
inclusive,this chapter or Chapter 5310. of the Revised Code,	178
shall be entered upon the folium constituted by the last	179
certificate of title of the land to which they relate.	180

All certificates of title shall be numbered consecutively,	181
beginning with number one. The recorder shall in each case make an	182
exact physical duplicate of the original certificate, but shall	183
put on suchthe duplicate "Owner's duplicate certificate," and	184
deliver it to the owner or to histhe owner's authorized attorney.	185
In case of a variance between the owner's duplicate certificate	186
and the original certificate, the original shall prevail. The	187

The certified copy of the decree of registration shall, in	188
case it is transcribed into the registration bookregister, be	189
filed and numbered by the recorder, with a reference noted on it	190
to the place of record of the original certificate of title. The	191
recorder may rebind or retranscribe the certificates in new	192
volumes of registration booksthe register containing respectively	193
canceled and uncanceled certificates and prepare new indexes for	194
the uncanceled certificates. If	195

If an application includes land lying in more than one	196
county, the court shall cause the part lying in each county to be	197
platted and described separately by metes and bounds or other	198
definite description in the decree of registration, and; the clerk	199
shall send to the recorder for each county a copy of the decree	200
containing a plat and description of the land within that county;	201
and the recorder shall register it and issue an owner's duplicate	202
thereforcertificate of title; and thereafter, for all matters	203
pertaining to registration, the portion in each county shall be	204
treated as a separate parcel of land. If more than one entire and	205
distinct parcel of land lying wholly in the county is included in	206
the application and decree, the clerk shall, if required by the	207
applicant, send suchthe recorder certified copies of the decree	208
so farinsofar as it relates to each of saidthe separate and	209
distinct parcels, giving plat and description thereof, andof each	210
parcel; separate registration of each parcel shall be made	211
accordingly by the recorder. The	212

The clerk shall, at once in every cause, make a final record	213
of suchthe cause and immediately thereafter deliver to the	214
recorder all papers in the case, taking histhe recorder's receipt	215
therefor, whichfor those papers the. The recorder shall file,	216
index, and carefully preserve, and note on the original	217
certificate in histhe recorder's office such, the filing and the	218
number or other designation under which theythose papers may be	219
found.	220

(B) If, under section 5309.031 of the Revised Code, the	221
county recorder maintains registered land records by nonpaper	222
means, the record that the recorder creates, and so designates	223
under division (C)(1)(c) of that section, in transcribing, by any	224
of the applicable processes, of a certified copy of a decree of	225
registration in the register of titles shall be deemed the	226
original certificate of title with respect to the registered land.	227

Sec. 5309.95.  All books, blanks, papers, and other things	228
necessary for administering sections 5309.02 to 5310.21,	229
inclusive,this chapter and Chapter 5310. of the Revised Code,	230
including, but not limited to, equipment, machines, and materials	231
related to the registered land functions of a county recorder and	232
the maintenance of registered land records by nonpaper means under	233
division (A) of section 5309.031 of the Revised Code, shall be	234
furnished by the board of county commissioners.	235

Sec. 5309.96.  No record, instrument or papers, paper, or	236
other document required by sections 5309.02 to 5310.21, inclusive,	237
this chapter or Chapter 5310. of the Revised Code, to be filed or	238
kept in the office of the county recorder, including, but not	239
limited to, any registered land record maintained by nonpaper	240
means under division (A) of section 5309.031 of the Revised Code,	241
shall be taken or otherwise caused to be removed from suchthe	242
recorder's office except by a subpoena duces tecum issued for and	243
served upon the recorder by a court of record. When any record,	244
instrument, paper, or other document is registered, the recorder,	245
on demand,and the tendering of the proper fee being tendered	246
thereforfor it, shall deliver to any person certified copiesa	247
copy of suchthe record, instrument, paper, or other document	248
with, when applicable, all memorandumsmemoranda, memorials, and	249
indorsements thereonnotations on it, certified under histhe	250
recorder's hand and seal of office. The recorder shall indorse	251
endorse, in writing, across the face of all such copies, in red	252
ink, "copy; no rights conveyed hereby."	253

Every copy of original records, instruments, papers, or other	254
documents, certified as provided for in this section, shall be	255
received in all cases in place of the original record, instrument,	256
paper, or other document and shall have the same effect in	257
evidence as the original record, instrument, paper, or other	258
document.	259

Sec. 5309.98. TheExcept for registered land records	260
maintained by nonpaper means under division (A) of section	261
5309.031 of the Revised Code, which shall be governed by the rules	262
adopted under division (C) of that section, the court of appeals	263
in any appellate district may prescribe rules of practice and	264
procedure for the guidance of theeach county recorder, and the	265
conduct of proceedings in the probate courts or courts of common	266
pleas, within such districtsthe district, in any matter arising	267
under sections 5309.02 to 5310.21, inclusive,this chapter or	268
Chapter 5310. of the Revised Code.	269

Sec. 5310.03.  The original certificate of title in the	270
registration bookregister of titles, any copy thereofof it	271
certified under the signature of the county recorder, and the	272
owner's duplicate of the original certificate of title, shall be	273
received as evidence in all the courts of the state and shall be	274
conclusive as to all matters contained thereinin it, except as	275
provided in sections 5309.02 to 5310.21, inclusive,this chapter	276
or Chapter 5309. of the Revised Code. All subsequent certificates	277
of title and memorials thereonon them shall be conclusive in	278
favor of bona fide owners and holders except subsequent	279
certificates and memorials thereonon them procured by forgery.	280

Sec. 5310.07.  A person who, without negligence on histhe	281
person's part, sustains loss or damage, or is deprived of land or	282
of any interest thereinin land, after the original registration	283
of land, by the registration of another person as owner of such	284
the land or of any interest thereinin the land, through fraud, or	285
in consequence of any error, omission, mistake, or misdescription	286
in any certificate of title or in any entry or memorandum in the	287
registration bookregister of titles, may bring an action in the	288
court of common pleas of the county in which the land is situated	289
against the treasurer of state for the recovery of compensation	290
for suchthat loss or damage, or for suchthat land or interest	291
thereinin land, from the assurance fund. If the person who is	292
deprived of land or of any interest thereinin land in the manner	293
stated in this section has a right of action, or otheranother	294
remedy for the recovery of the land, or of the interest thereinin	295
land, hethe person shall exhaust suchthat remedy before	296
resorting to the action of contract provided in this section. This	297
section does not deprive the plaintiff of any action ofin tort	298
which hethat the plaintiff may have against any person for such	299
the loss or damage, or the deprivation of any land or of any	300
interest thereinin land.	301

Section 2. That existing sections 5309.24, 5309.25, 5309.95,	302
5309.96, 5309.98, 5310.03, and 5310.07 of the Revised Code are	303
hereby repealed.	304