(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 |
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 |
(D) As used in this section and sections 5309.24, 5309.25, | 103 |
5309.95, 5309.96, and 5309.98 of the Revised Code, "nonpaper | 104 |
means" means at least one process from each of the following | 105 |
categories, which process provides a medium of copying, recording, | 106 |
or reproducing applicable registered land records, including, but | 107 |
not limited to, memoranda, certificates, affidavits, or decrees: | 108 |
Sec. 5309.24. (A) Every decree of registration in land | 114 |
registration cases shall bear the year, month, day, hour, and | 115 |
minute of its entry and shall be signed by the clerk of the | 116 |
probate court. It
shall give the place of residence and | 117 |
post-office address of the
owner of the land registered, state | 118 |
whether the owner
is married or unmarried, and, if the owner is | 119 |
married,
state the name of the
owner's spouse. If the
owner is | 120 |
under
disability, the decree shall state the nature of the | 121 |
disability
and, if the owner is a minor, shall state
the minor's | 122 |
age. The
decree shall
contain an accurate description and plat of | 123 |
each
separate
parcel of the land as finally determined and adopted | 124 |
by
the
probate court, shall set forth the
estate of the owner, | 125 |
and,
in a manner
that shows their relative priority, but subject | 126 |
to
division
(B) of this section, shall set forth all particular | 127 |
estates, mortgages, easements,
liens, attachments, and other | 128 |
encumbrances, including rights of
spouses, to which the land or | 129 |
the owner's
estate is subject, all suits pending by or against the | 130 |
owner
or any of the owner's predecessors in title in any court of | 131 |
record in the county
the judgments in which might affect the land | 132 |
or the owner's title
to the land, and all suits of that
nature | 133 |
elsewhere pending if they were brought to the attention of the | 134 |
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
physical | 138 |
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 amendmentMarch | 151 |
30, 1999, a decree
of registration in a land registration case | 152 |
shall not set forth pursuant to
division (A) of this section any | 153 |
restrictive covenant that appears to
apply to the land or any part | 154 |
of the land, if any inclusion of the restrictive
covenant in a | 155 |
transfer, rental, or lease of housing accommodations, any
honoring | 156 |
or exercising of the restrictive covenant, or any attempt to honor | 157 |
or
exercise the restrictive covenant constitutes an unlawful | 158 |
discriminatory
practice under division (H)(9) of section 4112.02 | 159 |
of the Revised Code. | 160 |
Sec. 5309.25. (A) Immediately upon the entry of the decree of | 161 |
registration as provided in sections 5309.23 and 5309.24 of the | 162 |
Revised Code, the clerk of the probate court or the clerk of the | 163 |
court of common pleas shall send a certified copy
thereofof the | 164 |
decree, under
the seal of the court, to the county recorder for | 165 |
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 a | 167 |
book to be called the register
of titles, in which leaves in | 168 |
consecutive order shall be devoted
exclusively to each title, with | 169 |
appropriate blanks for the entry
of memorials and notations.
Such | 170 |
The recorder shall note in
suchthe
register the day, hour, and | 171 |
minute when
saidthe decree is filed with
himthe recorder.
The | 172 |
The entry made by the recorder in
suchthe
register
in each | 173 |
case shall be the original certificate of title, and shall
be | 174 |
signed by
himthe recorder. Each certificate of title with
such | 175 |
its
blanks
for memorials and notations shall
constitute a separate | 176 |
folium of
suchthe register.
All memorials and
notations that may | 177 |
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 last | 180 |
certificate of
title of the land to which they relate. | 181 |
If an
application includes land lying in more than
one | 197 |
county, the court
shall cause the part lying in each county
to be | 198 |
platted and
described separately by metes and bounds or
other | 199 |
definite
description in the decree of registration, and; the
clerk | 200 |
shall
send to the recorder for each county a copy of the
decree | 201 |
containing a plat and description of the land within that
county; | 202 |
and the recorder shall register it and issue an owner's
duplicate | 203 |
thereforcertificate of title;
and thereafter, for all matters | 204 |
pertaining to
registration, the portion in each county shall be | 205 |
treated as a
separate parcel of land. If more than one entire and | 206 |
distinct
parcel of land lying wholly in the county is included in | 207 |
the
application and decree, the clerk shall, if required by the | 208 |
applicant, send
suchthe recorder certified copies of the decree | 209 |
so
farinsofar as it relates to each of
saidthe separate and | 210 |
distinct parcels,
giving plat and description
thereof, andof each | 211 |
parcel; separate registration of
each parcel shall be made | 212 |
accordingly by the recorder.
The | 213 |
The clerk
shall, at once in every cause, make a final record | 214 |
of
suchthe cause
and
immediately thereafter deliver to the | 215 |
recorder all papers in
the
case, taking
histhe recorder's receipt | 216 |
therefor, whichfor those
papers
the. The
recorder
shall file, | 217 |
index, and carefully preserve, and note on
the
original | 218 |
certificate in
histhe recorder's office
such, the filing
and the | 219 |
number or
other designation under which
theythose papers may be | 220 |
found. | 221 |
Sec. 5309.95. All books, blanks, papers, and other things | 227 |
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 materials | 230 |
related to the registered land functions of a county recorder and | 231 |
the maintenance of registered land records by nonpaper means under | 232 |
division (A) of section 5309.031 of the Revised Code,
shall be | 233 |
furnished by the board of county commissioners. | 234 |
Sec. 5309.96. No
record, instrument
or papers, paper, or | 235 |
other document required by
sections 5309.02 to
5310.21,
inclusive, | 236 |
this chapter or Chapter 5310. of the Revised Code, to be filed or | 237 |
kept in the office of the
county
recorder,
including, but not | 238 |
limited to, any registered land record maintained by nonpaper | 239 |
means under division (A) of section 5309.031 of the Revised
Code, | 240 |
shall be taken
or otherwise caused to be removed from
suchthe | 241 |
recorder's office except by a subpoena duces tecum
issued for
and | 242 |
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
tendered | 245 |
thereforfor it, shall deliver to any person
certified
copiesa | 246 |
copy of
suchthe record, instrument,
paper, or other
document | 247 |
with, when applicable,
all
memorandumsmemoranda,
memorials, and | 248 |
indorsements thereonnotations on it, certified
under
histhe | 249 |
recorder's hand
and seal of office. The recorder
shall
indorse | 250 |
endorse, in writing, across the face
of
all such
copies, in red | 251 |
ink, "copy; no rights conveyed hereby." | 252 |
Sec. 5309.98. TheExcept for registered land records | 259 |
maintained by nonpaper means under
division (A) of section | 260 |
5309.031 of the Revised Code, which shall
be governed by the rules | 261 |
adopted under
division (C) of that section, the court of
appeals | 262 |
in any appellate district may prescribe
rules of practice
and | 263 |
procedure for the guidance of
theeach county recorder, and
the | 264 |
conduct of proceedings in the probate courts or courts of
common | 265 |
pleas, within
such districtsthe district, in any matter
arising | 266 |
under
sections 5309.02 to 5310.21,
inclusive,this chapter
or | 267 |
Chapter 5310. of the Revised Code. | 268 |
Sec. 5310.03. The original certificate of title in the | 269 |
registration bookregister of titles, any
copy
thereofof it | 270 |
certified under the signature of the county recorder, and the | 271 |
owner's duplicate of the original certificate of title, shall be | 272 |
received as
evidence in all the courts of the state and shall be | 273 |
conclusive as to all
matters contained
thereinin it, except as | 274 |
provided in
sections 5309.02 to 5310.21,
inclusive,this chapter | 275 |
or Chapter 5309. of the Revised Code. All subsequent certificates | 276 |
of title and
memorials
thereonon them shall be conclusive in | 277 |
favor of bona fide owners and holders
except subsequent | 278 |
certificates and memorials
thereonon them procured by forgery. | 279 |
Sec. 5310.07. A person who, without negligence on
histhe | 280 |
person's
part, sustains loss or damage, or is deprived of land or | 281 |
of any
interest
thereinin land, after the original registration | 282 |
of land, by the
registration of another person as owner of
such | 283 |
the land or of any
interest
thereinin the land, through fraud, or | 284 |
in consequence of any error,
omission, mistake, or misdescription | 285 |
in any certificate of title
or in any entry or memorandum in the | 286 |
registration bookregister of titles, may bring
an action in the | 287 |
court of common pleas of the county in which the
land is situated | 288 |
against the treasurer of state for the recovery
of compensation | 289 |
for
suchthat loss or damage, or for
suchthat land or
interest | 290 |
thereinin land, from the assurance fund. If the person who is | 291 |
deprived of land or of any interest
thereinin land in the manner | 292 |
stated
in this section has a right of action, or
otheranother | 293 |
remedy for the
recovery of the land, or
of the interest
thereinin | 294 |
land,
hethe person
shall
exhaust
suchthat remedy before | 295 |
resorting to the action of contract
provided in this section.
This | 296 |
section does not deprive the
plaintiff of any action
ofin
tort | 297 |
which hethat the plaintiff may have
against any
person for
such | 298 |
the loss or damage, or
the deprivation of any land or of
any | 299 |
interest
thereinin land. | 300 |