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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 83 |
SENATOR B. JOHNSON-
REPRESENTATIVES GARCIA-SCHULER-SALERNO-SUTTON-
TIBERI-MEAD-REID-MOTTLEY-BRITTON-
TAVARES-O'BRIEN
A BILL
To amend sections 317.20, 1923.06, 3953.01, 3953.04, 3953.07, 5309.01,
5309.06, 5309.09, 5309.24, 5309.28, 5309.33, 5309.36, 5309.38, 5309.40, and
5309.76 and to enact sections 765.01 to 765.04,
1901.183, 3953.29, and 5309.281 of the Revised Code to aid in
the eradication of urban and rural blight by authorizing municipal
corporations within the jurisdiction of the environmental division of a
municipal court to establish noncriminal land use infractions and provide
civil
enforcement procedures for those infractions
and by granting the
environmental division of a municipal court
additional jurisdiction to enforce nuisance abatement and other
environmental laws and to enforce its judgments, to modify the procedure
by which service is effected in an eviction action, and to eliminate
references in title insurance policies and certain documents involving
registered land transactions to racial and other restrictive covenants that,
if exercised, honored, or included in a transfer, rental, or lease of housing
accomodations, constitute an unlawful discriminatory practice.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 317.20, 1923.06, 3953.01, 3953.04, 3953.07, 5309.01,
5309.06, 5309.09, 5309.24, 5309.28, 5309.33, 5309.36, 5309.38, 5309.40, and
5309.76 be amended and sections 765.01, 765.02,
765.03, 765.04, 1901.183, 3953.29, and 5309.281 of the Revised Code be enacted
to read as
follows:
Sec. 317.20. (A) When, in the opinion of the board of county
commissioners, sectional indexes are needed, and it so directs,
in
addition to the alphabetical indexes provided for in section
317.18 of the Revised Code, the board may provide for making, in
books prepared for that purpose, sectional indexes to the records
of all real estate in the county, beginning with some designated
year and continuing through such THE period of years as it
specified, by placing THAT THE BOARD SPECIFIES. THE SECTIONAL INDEXES
SHALL PLACE under the heads of the original surveyed sections or surveys,
or parts of a section or survey, squares, subdivisions, or the
permanent parcel numbers provided for under section 319.28 of the Revised
Code, or lots, on the left-hand page, or on the
upper portion of such THAT page of the index book, the
following:
(A) The name of the grantor;
(B) Next to the right, THEN the name of the grantee;
(C) The, THEN THE number and page of the record
where IN WHICH the instrument is found recorded;
(D) The, THEN THE character of the instrument, to be
followed by AND THEN a pertinent description of the INTEREST
IN property conveyed by the deed,
lease, or assignment of lease;
(E) On the opposite AND SHALL PLACE UNDER SIMILAR HEADINGS ON THE
RIGHT-HAND page, or on the lower portion of the same
THAT page OF THE INDEX BOOK, beginning at the bottom, in like
manner, all the mortgages, liens, notices as provided for in
sections 5301.51,
5301.52, and 5301.56 of the Revised Code, or other encumbrances affecting
such THE real estate.
(B) The compensation for the services rendered under this
section shall be paid from the general revenue fund of the
county, and no additional levy shall be made in consequence of
such THE services. If
(C) IF the board OF COUNTY COMMISSIONERS decides to
have such sectional index INDEXES
made, it shall advertise for three consecutive weeks in one
newspaper of general circulation in the county for sealed
proposals to do such THE work as provided FOR in
this section, shall let the work to CONTRACT WITH the lowest and
best bidder, and shall require him THE
SUCCESSFUL BIDDER to give A bond for the faithful performance of
the
contract, in such THE sum as THAT the board
fixes, and such. THE work shall be done to the
acceptance of the auditor of state upon allowance by such THE
board.
The board may reject any and all bids for the work, provided that
no more than five cents shall be paid for each entry of each
tract or lot of land.
(D) When THE SECTIONAL INDEXES ARE brought up and completed,
the county recorder shall keep up MAINTAIN the indexes
described in AND COMPLY WITH DIVISION (E) OF this
section IN CONNECTION WITH REGISTERED LAND.
(E)(1) AS USED IN DIVISION (E) OF THIS SECTION, "HOUSING
ACCOMMODATIONS" AND "RESTRICTIVE COVENANT" HAVE THE SAME MEANINGS AS IN
SECTION 4112.01 of the Revised Code.
(2) IN CONNECTION WITH ANY TRANSFER OF REGISTERED LAND THAT OCCURS ON AND
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT IN ACCORDANCE WITH
CHAPTERS 5309. AND 5310. of the Revised Code, THE COUNTY RECORDER SHALL DELETE FROM
THE SECTIONAL INDEXES MAINTAINED UNDER THIS SECTION ALL REFERENCES TO ANY
RESTRICTIVE COVENANT THAT APPEARS TO APPLY TO THE TRANSFERRED REGISTERED LAND,
IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER, RENTAL, OR LEASE
OF HOUSING ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE RESTRICTIVE
COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE COVENANT
CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9)
OF SECTION 4112.02 of the Revised Code.
Sec. 765.01. AS USED IN THIS CHAPTER:
(A) "LAND USE INFRACTION" MEANS A VIOLATION OF ANY MUNICIPAL
ZONING CODE PROVISIONS THAT REGULATE PARKING ON PRIVATE PROPERTY, A MOTOR
VEHICLE SERVICE OR REPAIR BUSINESS IN RESIDENTIAL DISTRICTS, OR SIGNAGE AND
OTHER GRAPHICS DISPLAYS, AND ANY MUNICIPAL ORDINANCE, RESOLUTION, OR OTHER
REGULATION DEALING WITH THE DISPLAY OF HOUSE NUMBERS ON BUILDINGS.
(B) "LAW ENFORCEMENT OFFICER" MEANS A LAW ENFORCEMENT OFFICER AS
DEFINED IN SECTION 2901.01 of the Revised Code, CODE ENFORCEMENT OFFICER, BUILDING INSPECTOR,
OR OTHER OFFICER AUTHORIZED TO ENFORCE ANY CODE, ORDINANCE, RESOLUTION, OR
REGULATION DESCRIBED IN DIVISION (A) OF THIS SECTION.
Sec. 765.02. (A) A MUNICIPAL CORPORATION WITHIN THE JURISDICTION
OF THE ENVIRONMENTAL DIVISION OF A MUNICIPAL COURT MAY ENACT AN
ORDINANCE
STATING THAT SPECIFIED LAND USE INFRACTIONS SHALL NOT BE
CONSIDERED A CRIMINAL OFFENSE FOR ANY PURPOSE IF A TICKET IS ISSUED FOR THE
SPECIFIC LAND USE INFRACTION UNDER CHAPTER 765. OF THE
REVISED CODE, THAT A PERSON WHO
COMMITS ANY INFRACTION SPECIFIED ON THE TICKET SHALL NOT BE ARRESTED AS A
RESULT OF
THE
COMMISSION OF THE INFRACTION, AND THAT TICKETED INFRACTIONS SHALL BE
HANDLED PURSUANT TO THIS CHAPTER. ADOPTION OF AN ORDINANCE UNDER THIS SECTION
DOES NOT PRECLUDE THE ENFORCEMENT OF ANY LAND USE INFRACTION CODE, ORDINANCE,
RESOLUTION, OR REGULATION IN ANY MANNER OTHERWISE PROVIDED BY LAW AS LONG AS
NO TICKET IS ISSUED UNDER THIS CHAPTER, BUT INSTEAD PROVIDES AN ADDITIONAL
METHOD OF ENFORCING SUCH LAWS.
(B) EACH MUNICIPAL CORPORATION THAT ENACTS AN
ORDINANCE UNDER THIS
SECTION SHALL ADOPT A TICKET
TO BE USED BY ITS LAW ENFORCEMENT OFFICERS
IN ALL CASES IN WHICH A PERSON IS ISSUED A TICKET FOR COMMITTING
A LAND USE INFRACTION IN ITS JURISDICTION. THIS TICKET SHALL
CONSIST OF TWO PARTS. THE FIRST PART SHALL BE NOTICE OF THE LAND USE
INFRACTION CHARGED, AND SHALL INCLUDE THE INFORMATION SPECIFIED IN DIVISION
(A) OF SECTION 765.03 OF THE REVISED CODE. THE
NOTICE SHALL SPECIFY A REASONABLE TIME PERIOD WITHIN WHICH THE INFRACTION MUST
BE
CORRECTED OR A SUMMONS AND COMPLAINT WILL BE SERVED. THE FIRST PART OF THE
TICKET SHALL ALSO STATE THAT IF THE PERSON CORRECTS THE INFRACTION WITHIN THE
SPECIFIED TIME PERIOD, THE TICKET WILL BE VOIDED. THE SECOND PART OF THE
TICKET SHALL BE THE SUMMONS AND COMPLAINT
FOR PURPOSES OF THIS CHAPTER, TO BE ISSUED IF THE INFRACTION IS NOT CORRECTED
WITHIN THE TIME PERIOD SPECIFIED IN THE FIRST PART OF THE TICKET. THE SECOND
PART OF EACH TICKET SHALL CONTAIN PROVISIONS THAT
ADVISE THE PERSON UPON WHOM IT IS SERVED THAT THE PERSON MUST
ANSWER IN RELATION TO THE INFRACTION CHARGED IN THE
TICKET AND THAT CERTAIN CIVIL PENALTIES MAY RESULT FROM A FAILURE TO
TIMELY ANSWER, INDICATE THAT THE PERSON WILL BE AFFORDED A HEARING IF THE
PERSON DENIES IN THE
ANSWER THAT THE PERSON COMMITTED THE INFRACTION, SPECIFY THE
ENTITY TO WHICH, THE TIME WITHIN WHICH, AND THE ALLOWABLE MANNERS
IN WHICH THE ANSWER MUST BE MADE, INDICATE THE PENALTIES THAT MAY
RESULT FROM FAILURE TO TIMELY ANSWER AND THE FINE THAT ARISES
FROM THE LAND USE INFRACTION, WARN THAT FAILURE TO TIMELY ANSWER
OR TO APPEAR AT A REQUESTED HEARING WILL BE CONSIDERED AN
ADMISSION OF THE LAND USE INFRACTION, AND WARN THAT A DEFAULT
CIVIL JUDGMENT POTENTIALLY MAY BE ENTERED AGAINST THE PERSON.
Sec. 765.03. (A) A LAW ENFORCEMENT OFFICER WHO ISSUES A TICKET
FOR A LAND USE INFRACTION UNDER THIS CHAPTER SHALL COMPLETE THE TICKET BY
IDENTIFYING
THE LAND USE INFRACTION CHARGED AND INDICATING
THE DATE, TIME, AND PLACE OF THE INFRACTION. THE
OFFICER SHALL SIGN THE TICKET AND AFFIRM THE FACTS IT CONTAINS.
IF THE OFFENDER IS PRESENT, THE OFFICER ALSO SHALL
RECORD ON THE TICKET THE NAME OF THE OFFENDER IN A SPACE PROVIDED
ON THE TICKET FOR IDENTIFICATION OF THE OFFENDER, AND THEN SHALL
SERVE THE FIRST PART OF THE TICKET IN ACCORDANCE WITH THE SERVICE REQUIREMENTS
OF THE RULES OF CIVIL PROCEDURE. IF THE INFRACTION
IS NOT CORRECTED WITHIN THE TIME PERIOD SPECIFIED ON THE FIRST PART OF THE
TICKET, THE LAW ENFORCEMENT OFFICER SHALL SERVE THE SECOND PART OF THE TICKET
IN ACCORDANCE WITH THE SERVICE REQUIREMENTS OF THE RULES OF
CIVIL RROCEDURE.
(B) THE ORIGINAL OF A TICKET ISSUED UNDER
THIS SECTION OR ANY TRUE COPY OF IT SHALL BE CONSIDERED A RECORD
KEPT IN THE ORDINARY COURSE OF BUSINESS OF THE MUNICIPAL CORPORATION
AND OF THE LAW ENFORCEMENT AGENCY WHOSE OFFICER ISSUED IT, AND
SHALL BE PRIMA-FACIE EVIDENCE OF THE FACTS IT CONTAINS.
(C) WHEN A TICKET IS ISSUED FOR A LAND USE INFRACTION
AND IS SERVED UNDER THIS SECTION, THE
OFFENDER WHOSE ACT OR OMISSION RESULTED IN THE INFRACTION
FOR WHICH THE TICKET WAS ISSUED
IS LIABLE FOR THE INFRACTION AND FOR ANY FINE OR PENALTY ARISING
OUT OF THE INFRACTION UNDER AN ORDINANCE
ENACTED BY THE MUNICIPAL CORPORATION UNDER DIVISION
(A) OF SECTION 765.02 OF THE REVISED CODE.
(D) NO PERSON UPON WHOM A TICKET CHARGING A
LAND USE INFRACTION IS SERVED
UNDER THIS SECTION SHALL BE ARRESTED AS A RESULT OF THE
COMMISSION OF THE LAND USE INFRACTION.
Sec. 765.04. THE PROVISIONS OF THIS CHAPTER ARE IN ADDITION TO, AND NOT IN
ABROGATION OF, ANY OTHER
JURISDICTION THE ENVIRONMENTAL DIVISION OF ANY MUNICIPAL COURT HAS TO ENFORCE
ANY CODE,
ORDINANCE, RESOLUTION, OR REGULATION DESCRIBED IN DIVISION
(A) OF SECTION 765.01 OF THE
REVISED CODE.
Sec. 1901.183. IN ADDITION TO JURISDICTION
OTHERWISE GRANTED IN THIS CHAPTER, THE ENVIRONMENTAL DIVISION OF
A MUNICIPAL COURT SHALL HAVE JURISDICTION WITHIN ITS TERRITORY
IN ALL OF THE FOLLOWING ACTIONS OR PROCEEDINGS AND TO PERFORM
ALL OF THE FOLLOWING FUNCTIONS:
(A) NOTWITHSTANDING
ANY MONETARY LIMITATIONS IN SECTION 1901.17 OF THE
REVISED CODE, IN ALL ACTIONS AND
PROCEEDINGS FOR THE SALE OF REAL OR PERSONAL PROPERTY UNDER LIEN
OF A JUDGMENT OF THE ENVIRONMENTAL DIVISION OF THE MUNICIPAL
COURT, OR A LIEN FOR MACHINERY, MATERIAL, FUEL FURNISHED, OR
LABOR PERFORMED, IRRESPECTIVE OF AMOUNT, AND, IN THOSE CASES,
THE ENVIRONMENTAL DIVISION MAY PROCEED TO FORECLOSE AND MARSHAL
ALL LIENS AND ALL VESTED OR CONTINGENT RIGHTS, TO APPOINT A
RECEIVER, AND TO RENDER PERSONAL JUDGMENT IRRESPECTIVE OF AMOUNT
IN FAVOR OF ANY PARTY;
(B) IN ALL ACTIONS
FOR THE FORECLOSURE OF A MORTGAGE ON REAL PROPERTY GIVEN TO
SECURE THE PAYMENT OF MONEY, OR THE ENFORCEMENT OF A SPECIFIC LIEN
FOR MONEY OR OTHER ENCUMBRANCE OR CHARGE ON REAL PROPERTY, WHEN
THE REAL PROPERTY IS SITUATED WITHIN THE TERRITORY, AND, IN THOSE
CASES, THE ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT MAY
PROCEED TO FORECLOSE ALL LIENS AND ALL VESTED AND CONTINGENT
RIGHTS AND PROCEED TO RENDER JUDGMENTS, AND MAKE FINDINGS AND
ORDERS, BETWEEN THE PARTIES, IN THE SAME MANNER AND TO THE SAME
EXTENT AS IN SIMILAR CASES IN THE COURT OF COMMON PLEAS;
(C) IN ALL ACTIONS
FOR THE RECOVERY OF REAL PROPERTY SITUATED WITHIN THE TERRITORY
TO THE SAME EXTENT AS COURTS OF COMMON PLEAS HAVE
JURISDICTION;
(D) IN ALL ACTIONS
FOR INJUNCTION TO PREVENT OR TERMINATE VIOLATIONS OF THE
ORDINANCES AND REGULATIONS OF ANY MUNICIPAL CORPORATION WITHIN
ITS TERRITORY ENACTED OR PROMULGATED UNDER THE POLICE POWER OF
THAT MUNICIPAL CORPORATION PURSUANT TO SECTION 3 OF ARTICLE
XVIII, OHIO CONSTITUTION, OVER WHICH THE
COURT OF COMMON PLEAS HAS OR MAY HAVE JURISDICTION, AND, IN
THOSE CASES, THE ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT
MAY PROCEED TO RENDER JUDGMENTS, AND MAKE FINDINGS AND ORDERS, IN
THE SAME MANNER AND TO THE SAME EXTENT AS IN SIMILAR CASES IN
THE COURT OF COMMON PLEAS;
(E) IN ALL ACTIONS FOR INJUNCTION TO PREVENT OR TERMINATE
VIOLATIONS OF THE RESOLUTIONS AND REGULATIONS OF ANY POLITICAL SUBDIVISION
WITHIN ITS TERRITORY ENACTED OR PROMULGATED UNDER THE POWER OF THAT POLITICAL
SUBDIVISION PURSUANT TO ARTICLE X OF THE OHIO
CONSTITUTION, OVER WHICH THE COURT OF COMMON PLEAS HAS OR MAY HAVE
JURISDICTION, AND, IN THOSE CASES, THE ENVIRONMENTAL DIVISION OF THE MUNICIPAL
COURT MAY PROCEED TO RENDER JUDGMENTS, AND MAKE FINDINGS AND ORDERS, IN THE
SAME MANNER AND TO THE SAME EXTENT AS IN SIMILAR CASES IN THE COURT OF COMMON
PLEAS;
(F) IN ANY CIVIL
ACTION TO ENFORCE ANY PROVISION OF CHAPTER 3704., 3714., 3734.,
3737., 3767., OR 6111. OF THE
REVISED
CODE OVER WHICH THE COURT OF
COMMON PLEAS HAS OR MAY HAVE JURISDICTION, AND, IN THOSE ACTIONS,
THE ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT MAY PROCEED TO
RENDER JUDGMENTS, AND MAKE FINDINGS AND ORDERS, IN THE SAME
MANNER AND TO THE SAME EXTENT AS IN SIMILAR ACTIONS IN THE COURT
OF COMMON PLEAS;
(G) IN ALL ACTIONS AND
PROCEEDINGS IN THE NATURE OF CREDITORS' BILLS, AND IN AID OF
EXECUTION TO SUBJECT THE INTERESTS OF A JUDGMENT DEBTOR IN REAL
OR PERSONAL PROPERTY TO THE PAYMENT OF A JUDGMENT OF THE
DIVISION, AND, IN THOSE ACTIONS AND PROCEEDINGS, THE ENVIRONMENTAL
DIVISION MAY PROCEED TO MARSHAL AND FORECLOSE ALL LIENS ON THE
PROPERTY IRRESPECTIVE OF THE AMOUNT OF THE LIEN, AND ALL VESTED
OR CONTINGENT RIGHTS IN THE PROPERTY;
(H) CONCURRENT
JURISDICTION OF ALL CRIMINAL ACTIONS OR PROCEEDINGS RELATED TO
THE POLLUTION OF THE AIR, GROUND, OR WATER WITHIN THE TERRITORY
OF THE ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT, FOR WHICH
A SENTENCE OF DEATH CANNOT BE IMPOSED UNDER CHAPTER 2903. OF THE
REVISED CODE;
(I) IN ANY REVIEW OR APPEAL OF ANY FINAL ORDER OF ANY
ADMINISTRATIVE OFFICER, AGENCY, BOARD, DEPARTMENT, TRIBUNAL, COMMISSION, OR
OTHER INSTRUMENTALITY THAT RELATES TO A LOCAL BUILDING, HOUSING, AIR
POLLUTION, SANITATION, HEALTH, FIRE, ZONING, OR SAFETY CODE, ORDINANCE, OR
REGULATION, IN THE SAME MANNER AND TO THE SAME EXTENT AS IN SIMILAR APPEALS IN
THE COURT OF COMMON PLEAS.
Sec. 1923.06. (A) Except as otherwise provided in this
section, the ANY summons in an action under PURSUANT
TO this chapter shall be
issued, be in the form specified, and be served and returned as
in the Rules of Civil Procedure PROVIDED IN THIS SECTION. Such
service shall be at least five TEN days before the day set for
trial.
(B) Every summons issued under this section to recover
residential premises shall contain the following language printed
in a conspicuous manner: "A complaint to evict you has been
filed with this court. No person shall be evicted unless his THE
PERSON'S
right to possession has ended and no person shall be evicted in
retaliation for the exercise of his THE PERSON'S lawful rights.
If you are depositing rent with the clerk of this court you shall continue
to deposit such rent until the time of the court hearing. The
failure to continue to deposit such rent may result in your
eviction. You may request a trial by jury. You have the right
to seek legal assistance. If you cannot afford a lawyer, you may
contact your local legal aid or legal service office. If none is
available, you may contact your local bar association."
(C) THE CLERK OF THE COURT IN WHICH A COMPLAINT TO EVICT IS FILED
SHALL MAIL ANY SUMMONS BY ORDINARY
MAIL, ALONG WITH A COPY OF THE COMPLAINT, DOCUMENT, OR OTHER
PROCESS TO BE SERVED TO THE DEFENDANT AT THE ADDRESS SET FORTH
IN THE CAPTION OF THE SUMMONS AND TO ANY ADDRESS SET FORTH IN
ANY WRITTEN INSTRUCTIONS FURNISHED TO THE CLERK. THE MAILING
SHALL BE EVIDENCED BY A CERTIFICATE OF MAILING
WHICH THE CLERK SHALL COMPLETE AND FILE.
(D) THE CLERK SHALL
DELIVER SUFFICIENT COPIES OF THE SUMMONS, COMPLAINT, DOCUMENT,
OR OTHER PROCESS TO BE SERVED TO, AND SERVICE SHALL BE MADE BY,
ONE OF THE FOLLOWING PERSONS:
(1) THE SHERIFF OF THE COUNTY IN WHICH THE PREMISES ARE
LOCATED WHEN THE PROCESS ISSUES FROM A COURT OF COMMON PLEAS OR
COUNTY COURT;
(2) THE BAILIFF OF THE COURT FOR SERVICE WHEN PROCESS
ISSUES FROM THE MUNICIPAL COURT;
(3) ANY PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER, WHO
IS NOT A PARTY, AND WHO HAS BEEN DESIGNATED BY ORDER OF THE
COURT TO MAKE SERVICE OF PROCESS WHEN PROCESS
ISSUES FROM ANY OF THE COURTS IN DIVISIONS
(D)(1) AND (2) OF THIS SECTION.
(E) THE PERSON SERVING
PROCESS SHALL EFFECT SERVICE AT THE PREMISES THAT ARE THE
SUBJECT OF THE FORCIBLE ENTRY AND DETAINER ACTION BY ONE OF THE
FOLLOWING MEANS:
(1) BY LOCATING THE PERSON TO BE SERVED AT THE PREMISES
TO TENDER A COPY OF THE PROCESS AND ACCOMPANYING DOCUMENTS TO
THAT PERSON;
(2) BY LEAVING A COPY OF THE SUMMONS, COMPLAINT,
DOCUMENT, OR THE PROCESS WITH A PERSON OF SUITABLE AGE AND
DISCRETION FOUND AT THE PREMISES IF THE PERSON TO BE SERVED
CANNOT BE FOUND AT THE TIME THE PERSON MAKING
SERVICE ATTEMPTS TO SERVE THE SUMMONS PURSUANT TO DIVISION
(E)(1) OF THIS SECTION;
(3) BY POSTING A COPY IN A CONSPICUOUS PLACE ON THE
SUBJECT PREMISES IF SERVICE CANNOT BE MADE PURSUANT TO DIVISIONS
(E)(1) AND (2) OF THIS SECTION.
(F) WITHIN TEN DAYS AFTER RECEIVING THE SUMMONS,
COMPLAINT, DOCUMENT, OR OTHER PROCESS FROM THE CLERK FOR
SERVICE, THE PERSON MAKING SERVICE SHALL RETURN THE PROCESS TO
THE CLERK. THE PERSON SHALL INDICATE ON THE PROCESS WHICH
METHOD DESCRIBED IN DIVISION (E) OF THIS SECTION WAS USED TO
SERVE THE SUMMONS. THE CLERK SHALL MAKE THE APPROPRIATE ENTRY
ON THE APPEARANCE DOCKET.
(G) SERVICE OF PROCESS SHALL BE DEEMED COMPLETE ON THE
DATE THAT EITHER OF THE FOLLOWING HAS OCCURRED:
(1) SERVICE IS MADE PURSUANT TO DIVISION
(E)(1) OR (2) OF THIS SECTION.
(2) BOTH ORDINARY MAIL SERVICE UNDER DIVISION (C) AND
SERVICE BY POSTING PURSUANT TO DIVISION (E)(3) OF THIS SECTION HAVE
BEEN MADE.
(H)(1) THE CLAIM FOR RESTITUTION OF THE PREMISES
SHALL BE SCHEDULED FOR HEARING IN ACCORDANCE WITH LOCAL COURT RULES,
BUT IN NO EVENT SOONER THAN THE TENTH DAY FROM THE DATE SERVICE
IS COMPLETE.
(2) ANSWER DAY FOR ANY OTHER CLAIMS SHALL BE TWENTY-EIGHT
DAYS FROM THE DATE SERVICE IS COMPLETE.
Sec. 3953.01. As used in sections 3953.01 to 3953.28,
inclusive, of the Revised Code THIS CHAPTER:
(A) "Title insurance" means insuring, guaranteeing, or
indemnifying owners of real property or others interested therein IN
REAL PROPERTY against loss or damage suffered by reason of liens,
or
encumbrances upon, defect in, or the unmarketability of, the
title to such THE REAL property, guaranteeing, warranting, or
otherwise
insuring by a title insurance company the correctness of searches
relating to the title to real property, or doing any business in
substance equivalent to any of the foregoing.
(B) "The business of title insurance" means THE FOLLOWING:
(1) The making as insurer, guarantor, or surety, or
proposing to make as insurer, guarantor, or surety, any contract
or policy of title insurance;
(2) The transacting, or proposing to transact, any phase
of title insurance, including solicitation, negotiation
preliminary to execution, execution of a contract of title
insurance, insuring, and transacting matters subsequent to the
execution of the contract and arising out of it, including
reinsurance;
(3) The doing or proposing to do any business in substance
equivalent to any of the foregoing.
(C) "Title insurance company" means ANY OF THE FOLLOWING:
(1) Any domestic title guaranty company and domestic title
guarantee and trust company to the extent that they are engaged
in the business of title insurance as defined in this section;
(2) Any domestic company organized under this chapter for
the purpose of insuring titles to real property;
(3) Any title insurance company organized under the laws
of another state or foreign government;
(4) Any domestic or foreign company having THAT HAS the powers
and IS authorized to insure titles to real estate within this state on
the effective date of this section DECEMBER 12,
1967, and which THAT meets the requirements of this
chapter.
(D) "Applicants for insurance" includes all those, whether
or not a prospective insured, who from time to time apply to a
title insurance company, or to its agent, for title
insurance, and who at the time of such THAT application
are not agents for a
title insurance company.
(E) "Risk premium" for title insurance means that portion
of the fee charged by a title insurance company, agent of a title
insurance company, or approved attorney of a title insurance
company, or any of them, to an insured or to an applicant for
insurance, for the assumption by the title insurance company of
the risk created by the issuance of the title insurance policy.
(F) "Fee" for title insurance means and includes the risk
premium, abstracting or searching charge, examination charge, and
every other charge, exclusive of settlement, closing, or escrow
charges, whether denominated premium or otherwise, made by a
title insurance company, agent of a title insurance company, or
an approved attorney of a title insurance company, or any of
them, to an insured or to an applicant for insurance, for
any
policy or contract for the issuance of title insurance, but
"fee. "FEE"
does not include any charges paid to and retained by an attorney
at law or abstractor acting as an independent contractor whether
or not he THE ATTORNEY OR ABSTRACTOR is acting as an agent of a
title insurance company or
an approved attorney, or AND DOES NOT INCLUDE any charges made
for special services
not constituting title insurance, even though performed in
connection with a title insurance policy or contract.
(G) "Approved attorney" means an attorney at law, who is
not an employee of a title insurance company or of a title
insurance agent, AND upon whose examination of title and report
thereon ON THE EXAMINATION a title insurance company may issue a
policy of title
insurance.
(H) "Title insurance agent" means a person, partnership,
or corporation, authorized in writing by a title insurance
company to solicit insurance and collect premiums and to issue or
countersign policies in ON its behalf. "Title insurance agent"
does
not include officers and salaried employees of any title
insurance company authorized to do a title insurance business
within this state.
(I) "Single insurance risk" means the insured amount of
any policy or contract of title insurance issued by a title
insurance company.
(J) "Foreign title insurance company" means a title
insurance company organized under the laws of any state or
territory of the United States or the District of Columbia.
(K) "Alien title insurance company" means a title
insurance company THAT IS incorporated or organized under the laws of
any foreign nation or of any province or territory thereof,
OF A FOREIGN NATION AND THAT IS not included under the definition of
" A foreign title insurance company."
(L) "Non-directed escrow funds" means any funds
delivered to a title insurance agent or title insurance company
with instructions to hold or disburse the funds pursuant to a
transaction in which a title insurance policy will be issued,
but without written instructions to either deposit the funds in
an account for the benefit of a specific person, or to pay the
interest earned on the funds to a specific person.
(M) "Business day" means any day, other than a Saturday or Sunday, or a legal
holiday, on which a bank,
savings and loan association, credit union, or savings bank is
open to the public for carrying on substantially all of its functions.
(N) "HOUSING ACCOMMODATIONS" AND "RESTRICTIVE COVENANT" HAVE THE
SAME MEANINGS AS IN SECTION 4112.01 OF THE REVISED CODE.
Sec. 3953.04. A title insurance company shall be organized
as a stock corporation as provided in Chapters 1701. and 3929. of
the Revised Code, except as specified in Chapter 3953. of the
Revised Code THIS CHAPTER. EVERY
Every title insurance company, as defined in division (C)
of section 3953.01 of the Revised Code, that is authorized to do
a title insurance business in this state shall comply with
section SECTIONS 3929.30 AND 3953.29 of the
Revised Code.
Sec. 3953.07. No policy or contract of title insurance
shall be written unless it be IS based upon a reasonable
examination of the title and UNLESS a determination of
insurability of title has been made in accordance with sound underwriting
practices for
title insurance companies AND UNLESS, ON AND AFTER THE EFFECTIVE DATE OF
THIS AMENDMENT, SECTION 3953.29 of the Revised Code IS COMPLIED WITH IN CONNECTION WITH
REGISTERED LAND. Evidence that such a reasonable
examination of A title has been made shall be preserved and
retained in the files of the title insurance company or its
agents for a period of not less than ten years after the policy
or contract of title insurance has been issued. This section
does not apply to a company assuming no primary liability in a
contract of reinsurance, nor AND DOES NOT APPLY to a company
acting as a coinsurer
if one of the other coinsuring companies has complied with this
section.
Sec. 3953.29. ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, IN
CONNECTION WITH ANY TRANSFER OF REGISTERED LAND THAT OCCURS ON OR AFTER THAT
DATE IN ACCORDANCE WITH CHAPTERS 5309. AND 5310. of the Revised Code, NO TITLE
INSURANCE COMPANY SHALL WRITE A POLICY OR CONTRACT OF TITLE INSURANCE THAT
INCLUDES ANY SPECIFIC REFERENCE TO ANY RESTRICTIVE COVENANT THAT APPEARS TO
APPLY TO THE TRANSFERRED REGISTERED LAND, IF ANY INCLUSION OF THE RESTRICTIVE
COVENANT IN A TRANSFER, RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY
HONORING OR EXERCISING OF THE RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR OR
EXERCISE THE RESTRICTIVE COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY
PRACTICE UNDER 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 OF TITLE INSURANCE
WRITTEN BY A TITLE INSURANCE COMPANY IN CONNECTION WITH ANY TRANSFER OF
REGISTERED LAND THAT OCCURS ON OR AFTER THAT DATE IN ACCORDANCE WITH
CHAPTERS 5309. AND 5310. of the Revised Code INCLUDES A GENERAL OR CATCH-ALL
REFERENCE TO EASEMENTS, ESTATES, LIENS, ENCUMBRANCES, CHARGES, RIGHTS, OR
RESTRICTIONS OF RECORD, THE GENERAL OR CATCH-ALL REFERENCE SHALL BE REGARDED
BY THE PARTIES TO THE TRANSFER OF THE REGISTERED LAND AND THEIR SUCCESSORS IN
INTEREST AND SHALL BE DEEMED FOR ALL LEGAL PURPOSES TO REFER TO AND
INCORPORATE BY REFERENCE EASEMENTS, ESTATES, LIENS, ENCUMBRANCES, CHARGES,
RIGHTS, AND RESTRICTIONS OF RECORD OTHER THAN A RESTRICTIVE COVENANT THE
INCLUSION OF WHICH IN A TRANSFER, RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS,
THE HONORING OR EXERCISING OF WHICH, OR THE ATTEMPT TO HONOR OR EXERCISE OF
WHICH CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER DIVISION
(H)(9) OF SECTION 4112.02 of the Revised Code.
Sec. 5309.01. As used in sections 5309.02 to 5310.21,
inclusive, THIS CHAPTER AND CHAPTER 5310. of the
Revised Code:
(A) "Certificate of title" includes all memorials and
notations noted thereunder UNDER A CERTIFICATE OF TITLE.
(B) "Trust deed in the nature of a mortgage" is a mortgage
and subject to the same rules as a mortgage.
(C) "Probate court" means the court at the time having
jurisdiction of HAS the settlement of estates and testamentary
matters whether it is the probate court, or the court of common
pleas SAME MEANING AS IN SECTION 2101.01 of the Revised Code.
(D) "Registered land" means any land registered under
sections 5309.02 to 5310.21, inclusive, THIS CHAPTER AND
CHAPTER 5310. of the Revised Code.
(E) "HOUSING ACCOMMODATIONS" AND "RESTRICTIVE COVENANT" HAVE THE
SAME MEANINGS AS IN SECTION 4112.01 of the Revised Code.
Sec. 5309.06. No estate less than a fee simple, nor any AND NO
mortgage, lien, or charge of any kind shall be registered, unless
the fee in possession, remainder, or reversion, or other
character of fee in and to the same land, has been registered
first or is registered at the same time. If the estate of the
applicant is subject to any outstanding lesser estate, including
life estates, estates for years, conditional limitations,
executory devises or uses, springing or shifting uses, or other
future estate, interest, or limitation, whether vested or
contingent, or IS SUBJECT TO any private easement or other
estate or interest of any kind, or is subject to any mortgage, lien, or
charge, each LESSER ESTATE, PRIVATE EASEMENT, OTHER ESTATE OR INTEREST,
MORTGAGE, LIEN, OR CHARGE shall be noted on the certificate of title and
duplicate thereof OF
THE CERTIFICATE OF TITLE, except taxes not due and, leases
for less than three years, and the RESTRICTIVE COVENANTS DESCRIBED
IN DIVISION (B) OF SECTION 5309.24 of the Revised Code. THE title to the estate
so registered and certified shall be subject only to such THE
lesser estates, PRIVATE EASEMENTS, OTHER ESTATES OR INTERESTS,
mortgages, liens, and charges as are so noted, except as provided in
section 5309.28 of
the Revised Code. A perpetual leasehold shall, for the purposes
of sections 5309.02 to 5310.21 THIS CHAPTER AND CHAPTER
5310. of the Revised Code, SHALL be treated as an estate in
fee, and the possible reversion or remainder in fee thereunder
UNDER THE LEASEHOLD SHALL BE TREATED as the lesser estate.
No parcel of land that lies partly in two or more counties
shall be registered if one or more of the counties in which the
parcel lies have abolished their land registration systems.
Sec. 5309.09. The application to register the title to
land or to any interest therein IN LAND shall be signed and
sworn to by
each applicant or by an authorized person for each applicant. In
addition to any other appropriate, relevant, and material matter,
the application shall set forth substantially ALL OF THE FOLLOWING:
(A) The full name, age, place of residence, and
post-office address of the applicant or owner, and the full name,
PLACE OF residence, and post-office address of any one
PERSON acting on behalf of the applicant or owner, and the name
of the applicant or owner as it appears in his THE muniments of
title, whether the applicant OR OWNER is now married or single,
and, if married, the full name of the husband or wife
APPLICANT'S OR OWNER'S SPOUSE, whether the applicant or owner has been
previously married, and, if so, when, and by what means
the marriage relation was terminated, and, if by divorce,
DISSOLUTION OF MARRIAGE, OR ANNULMENT, when, where,
and by what court the divorce, DISSOLUTION OF MARRIAGE, OR
ANNULMENT was granted, and what interest in
or lien upon the land described in the application the A former
husband or wife SPOUSE has; if the application is by a guardian
or
trustee, the name of the guardian or trustee, how, when, where,
and by what court THE GUARDIAN OR TRUSTEE WAS appointed, the full name,
nature of disability, and post-office address of his THE ward,
and with whom such THE ward resides; OR if made by a
corporation, the names and addresses of its
president, secretary, and managing officers, when and where IT WAS
incorporated, and its principal place of doing business;
(B) An accurate and full description of the land as it
appears in the muniments of title of the applicant or owner, if
it is there so described, OR otherwise a pertinent description from
which the land can be definitely and accurately located; and, in
all cases, an accurate plat of the land THAT IS drawn to a
scale, showing AND SHOWS the lines, corners, monuments, courses
and distances, streets,
public ways or places, highways, private ways, AND adjoining lands
with names of owners, streams, and other important objects
connected with said THOSE lands;
(C) A description of the buildings and improvements on the
land;
(D) The applicant's or owner's interest in the land,
buildings, and improvements and the source of his THE APPLICANT'S OR
OWNER'S title;
(E) For what purpose the land, buildings, or improvements
are occupied or used, and, if occupied or used by any person
other
than the applicant or owner, the name, PLACE OF residence, and
post-office
address of each occupant or user and what interest he EACH OCCUPANT
OR USER has or claims therein IN THE LAND, BUILDINGS, OR
IMPROVEMENTS;
(F) The nature, amount, date and, maturity, and volume and
page of record, of all apparent or real liens, charges, and
encumbrances of any kind on the land, buildings, or improvements,
or any part thereof OF THE LAND, BUILDINGS, OR IMPROVEMENTS,
including, BUT NOT LIMITED TO, mortgages, deeds of trust
as
security, mechanics' or materialmen's liens, judgments, decrees,
and executions, home and foreign, and the name, PLACE OF
residence, and post-office address of each holder thereof, OF THE
LIENS, CHARGES, AND ENCUMBRANCES and of each person shown by the records
or known to at any time have had an interest in any such lien OF THE
LIENS, charge CHARGES, or encumbrance
ENCUMBRANCES, and which of said THE apparent liens,
charges, and
encumbrances are clouds upon the
applicant's or owner's title; AND the style, docket number, and
character of all suits pending by or against the applicant or
owner, or any of his THE APPLICANT'S OR OWNER'S
predecessors in title in any court of
record, the judgments in which might AFFECT in any way affect
the title
of the applicant or owner to, or MIGHT become liens upon, the lands
described in the application;.
ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, AN APPLICATION SHALL NOT
SET FORTH PURSUANT TO THIS DIVISION ANY RESTRICTIVE COVENANT THAT APPEARS TO
APPLY TO THE LAND, BUILDINGS, OR IMPROVEMENTS OR ANY PART OF THE LAND,
BUILDINGS, OR IMPROVEMENTS,
IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER,
RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE
RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE
COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER DIVISION
(H)(9) OF SECTION 4112.02 of the Revised Code.
(G) Whether any other person to the knowledge or
information of the applicant, OR OWNER or as shown by the
records, has or
claims any interest in the lands, buildings, or improvements,
either in law or equity, apparent or real, OR in possession,
remainder, reversion, expectancy, or otherwise; the name, PLACE OF
residence, and post-office address of each such person OF THAT
NATURE and the nature of the interest apparent or real,
INTEREST so held or claimed,; and
which of said THOSE apparent interests are clouds upon the
applicant's or owner's title;.
ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, AN APPLICATION SHALL NOT
SET FORTH PURSUANT TO THIS DIVISION ANY RESTRICTIVE COVENANT THAT APPEARS TO
APPLY TO THE LAND, BUILDINGS, OR IMPROVEMENTS OR ANY PART OF THE LAND,
BUILDINGS, OR IMPROVEMENTS, IF ANY INCLUSION OF THE
RESTRICTIVE COVENANT IN A TRANSFER, RENTAL, OR LEASE OF HOUSING
ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE RESTRICTIVE COVENANT, OR ANY
ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE COVENANT CONSTITUTES AN UNLAWFUL
DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02
of the Revised Code.
(H) The name, PLACE OF residence, and post-office address of each
owner and of each occupant of the adjoining lands so far as shown
by the records, and so far as the applicant OR OWNER,
upon diligent inquiry and research, is able to ascertain, AND
the extent and character of such THOSE ADJOINING lands to be
stated;
(I) If this state, or any political subdivision thereof, of
THE STATE, ANY public authority, or ANY public
body corporate, will in any way be
affected by a decree of the probate court or the court of common
pleas determining or ordering the title of the plaintiff
APPLICANT or owner to be registered, the state, or such
political subdivision, public authority, or PUBLIC body
corporate, shall be made a party defendant to the
application, and proper allegations SHALL BE made as to
its interest in the case;.
(J) If the applicant OR OWNER desires to have the boundaries of any
street, public way, private way, or highway adjacent to or
located within said THE land, determined, a statement to
that effect,
describing the street, public way, private way, or highway, the
proper public authority having charge and control of such THAT
street, public way, or highway, and the persons interested in
such THAT private way, to. THE PROPER PUBLIC
AUTHORITIES AND INTERESTED PERSONS SHALL be named and made
parties defendant, DEFENDANTS TO THE APPLICATION and,
AS APPLICABLE, their PLACES OF residence
and post-office address ADDRESSES SHALL BE given;.
(K) Such ANY further statements and allegations as
THAT are in any case required by sections 5309.02 to 5310.21,
inclusive, THIS CHAPTER OR CHAPTER 5310. of the
Revised Code, or which THAT may be required by general or
special rule
or order of the court in which the application is filed;
(L) Any other material facts within the knowledge or
information of the applicant OR OWNER relating to the title or
possession
of the lands, buildings, or improvements thereon, or to any
estate therein IN THE LANDS, BUILDINGS, OR IMPROVEMENTS, or
TO ANY lien, charge, or encumbrance thereon;
ON THE LAND, BUILDINGS, OR IMPROVEMENTS. ON AND AFTER THE EFFECTIVE DATE
OF
THIS AMENDMENT, AN APPLICATION SHALL NOT SET FORTH PURSUANT TO THIS DIVISION
ANY RESTRICTIVE COVENANT THAT APPEARS TO APPLY TO THE LAND, BUILDINGS, OR
IMPROVEMENTS, IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER,
RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE
RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE
COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER DIVISION
(H)(9) OF SECTION 4112.02 of the Revised Code.
(M) A prayer that all persons mentioned in the
application, whether by name or other designation, and all other
persons whomsoever, may be made and treated as defendants to
said THE application and properly brought before the court
and, that the title of the plaintiff APPLICANT or
owner may be settled and determined and, THAT all clouds
MAY BE removed therefrom and FROM THE TITLE, THAT THE TITLE
MAY BE ordered to be registered as set out in the petition
APPLICATION, and that all lesser or other estates and interests
in, and all liens and, charges, AND
ENCUMBRANCES
upon said THE land or any part thereof OF THE LAND
MAY be settled and determined by the court and, SUBJECT TO
DIVISION (B) OF SECTION 5309.24 of the Revised Code, MAY BE ordered to be
registered.
Sec. 5309.24. (A) Every decree of registration in land
registration cases shall bear the year, month, day, hour, and
minute of its entry and shall be signed by the clerk of the
probate court or the clerk of the court of common pleas. It
shall give the PLACE OF residence and POST-OFFICE address of the
owner of the land registered, state whether he or she THE OWNER
is married or unmarried, and if THE OWNER IS married, the name of the
husband or wife OWNER'S SPOUSE. If such THE
owner is
under disability, such THE decree shall state the nature of the
disability, and, if THE OWNER IS a minor, shall state
his THE MINOR'S age. Such THE decree shall
contain an accurate description and plat of each separate
parcel of the land as finally determined and adopted by the
probate court or the court of common pleas, shall set forth the
estate of the owner, and, in such A manner as to show
THAT SHOWS their relative priority, BUT SUBJECT TO DIVISION
(B) OF THIS SECTION, SHALL SET FORTH all particular
estates, mortgages, easements,
liens, attachments, and other encumbrances, including rights of
husband or wife SPOUSES, to which the land or the owner's
estate is subject and, all suits pending by or against the owner
or any of his THE OWNER'S predecessors in title in any court of
record in the county,
the judgments in which might affect the land or the owner's title
thereto TO THE LAND, and all such suits OF THAT
NATURE elsewhere pending if they were brought to the attention of the
probate court or the court of common pleas by the pleadings or evidence
in the case. Such THE decree may contain any other matter
properly to be determined by the court in pursuance of sections 5309.02 to
5310.21, inclusive, UNDER THIS CHAPTER AND CHAPTER
5310. of the Revised Code. The decree shall be stated in a form
convenient for transcription upon or binding in the register of
certificates of title mentioned DESCRIBED in section 5309.25 of
the Revised Code, and SHALL BE in a form suitable to constitute
such THE decree AS a certificate of title, and
shall so far GIVE INSOFAR as possible give the full name,
PLACE OF residence, and post-office address of each owner and holder of
any interest in or lien or, charge, OR ENCUMBRANCE
upon the lands or any part thereof OF THE LANDS, EXCEPT AS PROVIDED
IN DIVISION (B) OF THIS SECTION. The clerk, under the direction
of the court, shall make
and keep indexes of all applications and of all decrees of
registration.
(B) ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, A DECREE
OF REGISTRATION IN A LAND REGISTRATION CASE SHALL NOT SET FORTH PURSUANT TO
DIVISION (A) OF THIS SECTION ANY RESTRICTIVE COVENANT THAT APPEARS TO
APPLY TO THE LAND OR ANY PART OF THE LAND, IF ANY INCLUSION OF THE RESTRICTIVE
COVENANT IN A TRANSFER, RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY
HONORING OR EXERCISING OF THE RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR OR
EXERCISE THE RESTRICTIVE COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY
PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02 of the Revised Code.
Sec. 5309.28. (A) Every applicant in a land registration case
who, without fraud on his THE APPLICANT'S part,
receives a certificate of title in pursuance of a decree of
registration, and every subsequent
purchaser of registered land, who takes a certificate of title
for value and in good faith, shall hold such THE
REGISTERED land free from all
estates, encumbrances, and rights except those noted on the
certificate and except any of the following estates,
encumbrances, and rights which THAT may be existing
EXIST:
(A)(1) Liens, claims, or rights arising or existing under the
laws or constitution of the United States which THAT the
statutes of this state cannot require to appear of record in the county
recorder's office;
(B)(2) Taxes and assessments levied by the United States,
this state, or any taxing district of this state;
(C)(3) Any highway, public way, or private way laid out or
acquired by law or otherwise, unless the certificate of title
states that the nonexistence of such THE way, or the
boundaries thereof OF THE WAY, if the same exists ANY
BOUNDARIES EXIST, have been determined by the court;
(D)(4) Any lease for a term not exceeding three years, when
there is actual possession under the lease;
(E)(5) Right of appeal within thirty days after decree of
registration;
(F)(6) If there are easements or other rights appurtenant to
a parcel of registered land which THAT ARE NOT SUBJECT TO SECTION
5309.281 of the Revised Code AND THAT for any reason have not been
registered, such THOSE easements or rights shall remain
appurtenant, notwithstanding such THE failure to
register, THEM and shall be held to
pass with the land.
(B) This section shall be printed or written on all duplicate
certificates of title before delivery by the COUNTY recorder.
Sec. 5309.281. ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, NO COUNTY
RECORDER SHALL DO ANY OF THE FOLLOWING:
(A) TRANSCRIBE OR BIND IN THE REGISTER OF TITLES AND, IF
APPLICABLE, FILE A CERTIFIED COPY OF A DECREE OF REGISTRATION SENT BY THE
CLERK OF A PROBATE COURT PURSUANT TO SECTION 5309.25 of the Revised Code, IF THE DECREE SETS
FORTH ANY RESTRICTIVE COVENANT THAT APPEARS TO APPLY TO THE LAND INVOLVED AND
ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER, RENTAL, OR LEASE OF
HOUSING ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE RESTRICTIVE
COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE COVENANT
CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9)
OF SECTION 4112.02 of the Revised Code;
(B) MAKE AND DELIVER TO THE OWNER OF LAND OR THAT OWNER'S
AUTHORIZED ATTORNEY AN OWNER'S DUPLICATE CERTIFICATE PURSUANT TO SECTION
5309.25 of the Revised Code, IF DIVISION (A) OF THIS SECTION PROHIBITS THE
TRANSCRIBING OR BINDING OF THE CERTIFIED COPY OF THE DECREE OF REGISTRATION IN
THE REGISTER OF TITLES;
(C) ISSUE ANY DUPLICATE CERTIFICATE OF TITLE TO REGISTERED LAND,
ANY CERTIFIED COPY OF A LOST OR DESTROYED DUPLICATE CERTIFICATE OF TITLE TO
REGISTERED LAND, OR ANY NEW CERTIFICATE OF TITLE TO REGISTERED LAND UNDER ANY
PROVISION OF THIS CHAPTER AND CHAPTER 5310. of the Revised Code AND UNDER
CIRCUMSTANCES NOT DESCRIBED IN DIVISION (B) OF THIS SECTION, WITHOUT
FIRST DELETING IN THE DUPLICATE CERTIFICATE OF TITLE, CERTIFIED
COPY OF THE LOST OR DESTROYED DUPLICATE CERTIFICATE OF TITLE, OR NEW
CERTIFICATE OF TITLE ANY REFERENCE TO ANY RESTRICTIVE COVENANT DESCRIBED IN
DIVISION
(A) OF THIS SECTION;
(D) INITIALLY ENTER ANY MEMORIAL, NOTATION, OR MEMORANDUM TO THE
EXTENT THAT IT REFERS TO ANY RESTRICTIVE COVENANT DESCRIBED IN DIVISION
(A) OF THIS SECTION;
(E) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS CHAPTER OR
CHAPTER 5310. of the Revised Code, CARRY FORWARD IN CONNECTION WITH THE REGISTRATION
OF A TRANSFER OF REGISTERED LAND ANY MEMORIAL, NOTATION, OR MEMORANDUM TO THE
EXTENT THAT IT REFERS TO ANY RESTRICTIVE COVENANT DESCRIBED IN DIVISION
(A) OF THIS SECTION;
(F) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS CHAPTER, FILE
ANY INSTRUMENT OR PAPER THAT RELATES TO REGISTERED LAND AND THAT REFERS TO ANY
RESTRICTIVE COVENANT DESCRIBED IN DIVISION (A) OF THIS SECTION;
(G) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS CHAPTER, ENTER
AND INDEX ANY INSTRUMENT OR PAPER WITH A REFERENCE TO A CERTIFICATE OF TITLE,
IF THE INSTRUMENT OR PAPER REFERS TO ANY RESTRICTIVE COVENANT DESCRIBED IN
DIVISION (A) OF THIS SECTION.
Sec. 5309.33. (A) The county recorder shall keep tract indexes if
the board of
county commissioners orders him THE RECORDER to do so and
provides the proper records for such THOSE indexes. In
such THOSE indexes such, THE recorder shall
enter the lands registered
in the numerical order of the townships, ranges, and sections, or original
surveys, and, in THE case of subdivisions, the blocks and lots
therein, and IN THE SUBDIVISIONS; the
name of the owners, with; AND a reference to the volume
and folium of the register
in which the lands are registered. Each THE recorder shall keep
alphabetical
indexes, in which shall be entered in alphabetical order the names of
all
registered owners and all other persons interested in, or holding charges
upon, registered land, a short description of the land, and THE
nature of the
dealing, with AND a reference to the volume and folium of the
register in which the land is registered.
(B) IN CONNECTION WITH ANY TRANSFER OF REGISTERED LAND THAT
OCCURS ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT IN ACCORDANCE WITH
THIS CHAPTER AND CHAPTER 5310. of the Revised Code, THE COUNTY RECORDER SHALL DELETE
FROM THE INDEXES MAINTAINED UNDER THIS SECTION ALL REFERENCES TO ANY
RESTRICTIVE COVENANT THAT APPEARS TO APPLY TO THE TRANSFERRED REGISTERED LAND,
IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER, RENTAL, OR LEASE
OF HOUSING ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE RESTRICTIVE
COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE COVENANT
CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9)
OF SECTION 4112.02 of the Revised Code.
Sec. 5309.36. Whenever SUBJECT TO DIVISION (E) OF SECTION
5309.281 of the Revised Code, IF a memorial or notation has been entered as permitted
by sections 5309.02 to 5310.21, inclusive, THIS CHAPTER AND
CHAPTER 5310. of the Revised Code, the county recorder
shall carry such THE memorial or notation forward upon all
certificates of title until such THOSE certificates are canceled
in some manner authorized by such sections THIS CHAPTER OR
CHAPTER 5310. of the Revised Code.
Sec. 5309.38. Each county recorder shall keep an entry
book in which he THE RECORDER shall enter and number in the
order of their
reception all deeds and other voluntary instruments and, all
involuntary instruments, and copies of writs or other papers THAT
ARE filed
with him which THE RECORDER AND THAT relate to registered land.
He EXCEPT AS PROVIDED IN SECTION 5309.281 of the Revised Code, THE RECORDER
shall note in such THE ENTRY book the year, month, day, hour,
and minute of reception of all
instruments or papers in the order in which they are received,
and shall ENTER at the same time enter the number of the
AN instrument or
paper in the appropriate blank space on the registered
certificate of title for the land to which it relates. Such EXCEPT
AS PROVIDED IN SECTION 5309.281 of the Revised Code, THE instruments AND PAPERS
shall be regarded as registered and become effective
for the purposes intended from the time they are so filed and
noted, and certificates of title and the memorials
MEMORIAL of each
instrument OR PAPER when made on the registered certficate
CERTIFICATE OF TITLE or duplicate
certificate of title to which it relates shall bear the same
date, except as provided in sections 5309.02 to 5310.21,
inclusive, THIS CHAPTER AND CHAPTER 5310. of the
Revised Code.
Every deed or other instrument, voluntary or involuntary,
INSTRUMENT and every paper which THAT is filed with the
recorder, shall be
numbered and endorsed over the official signature of the recorder
with the time of filing and, SUBJECT TO SECTION 5309.281 of the Revised Code, SHALL
BE entered and indexed with a reference
to the proper certificate of title. All records,
INSTRUMENTS, and papers
relative to registered land in the office of the recorder shall
be open to the public in the same manner as other public records,
subject to such reasonable regulations as THAT the
recorder makes
under the direction of the probate court or the court of common
pleas.
Sec. 5309.40. A registered owner in fee of real property,
in order to transfer his THE OWNER'S whole interest in
such THE property or in
any part thereof, OF THE PROPERTY or TO TRANSFER any
undivided interest therein, IN THE PROPERTY shall
execute to the intended transferee a deed or instrument of
conveyance which THAT, in case of transfer of the whole
of the land PROPERTY, may
be on the duplicate certificate of title,. THE DEED OR
INSTRUMENT OF CONVEYANCE MAY BE
in any form authorized
by law. When such THE transferee presents such
THE deed or instrument OF CONVEYANCE to the county recorder of
the county where IN WHICH the land PROPERTY is
situated, such THE recorder shall file the same DEED
OR INSTRUMENT OF CONVEYANCE, and, if he THE RECORDER
finds
that such THE
transferor is entitled to make the transfer as provided in
sections 5309.02 to 5310.21, inclusive, UNDER THIS CHAPTER AND
CHAPTER 5310. of the Revised Code, the
recorder shall register the title, in accordance with such THE
deed or instrument of conveyance, in the NAME OF THE transferee,
upon a new folium
in the register of titles, and SHALL enter thereon ON
THE NEW FOLIUM IN A MANNER CONSISTENT WITH SECTION 5309.281 of the Revised Code all
memorials,
notations, and memorandums, MEMORANDA to which the land
PROPERTY is subject at the
time of the transfer, and shall issue a new certificate of title
to the transferee, stating therein his THAT STATES THE
TRANSFEREE'S full name, PLACE OF residence, and
post-office address, whether THE TRANSFEREE IS married, and, if
so THE TRANSFEREE IS MARRIED, the
name of husband or wife THE TRANSFEREE'S SPOUSE. If the
transferee is a minor, his THE TRANSFEREE'S exact age
must be given ON THE NEW CERTIFICATE OF TITLE, or, if THE
TRANSFEREE IS under other ANOTHER disability, the
nature and
character of such THAT disability must be stated ON THE NEW
CERTIFICATE OF TITLE. Before a transfer
can be registered, the transferor or the transferee must
SHALL deliver
to the recorder the duplicate certificate of title of the
transferor, and the recorder shall enter upon the folium of the
register where such IN WHICH THE title of the transferor is
registered, and upon the duplicate certificate of title, a
memorial or memorandum
canceling the same IT, in whole or in part, as the interest of
the transferee may appear from the deed or other instrument of
transfer CONVEYANCE, with such THE particulars of
the transfer as THAT may be
necessary for identification, together with the date of transfer,
the name and, PLACE OF residence, and post-office
address of the transferee,
and THE volume and folium of the register in which the transferee's
title is registered.
Sec. 5309.76. (A) After a title is registered and a
certificate of title is issued therefor, FOR THE REGISTERED LAND
or after a memorandum,
notation, or memorial is made on the register of titles and
attested, no alteration or erasure shall be made therein IN THE
REGISTER except in the manner provided in this section AND AS REQUIRED
BY SECTION 5309.281 of the Revised Code.
(B) A person whose name was changed since CHANGES
AFTER the issuing of a REGISTERED certificate of title
or, who was IS registered as married but
the WHOSE marriage has terminated, or whose name by mistake
IS wrongly stated in a registered certificate OF TITLE,
must, upon satisfying the county
recorder of the facts, SHALL surrender his THAT PERSON'S
duplicate certificate OF TITLE and
take out a new one CERTIFICATE OF TITLE in his THAT
PERSON'S correct or changed name, and. THE RECORDER
SHALL ENTER AND ATTEST ON THE REGISTER OF TITLES a memorandum of
such THAT change or correction, giving the AND ITS
date thereof, must be entered and attested by the recorder. This
paragraph DIVISION applies to every person holding a registered
interest in or upon
land, and no transfer or assignment shall be registered until such
A change or correction DESCRIBED IN THIS DIVISION is made.
(C) When it appears that there is an error or omission in any
certificate of title, or memorandum, or memorial, or that any
memorandum or memorial was made, entered, and indorsed, ENDORSED
or any
certificate of title was entered or issued by mistake, or that
any certificate of title was, MEMORANDUM, OR MEMORIAL by
mistake or otherwise WAS improperly
canceled or improperly removed from the record REGISTER OF
TITLES, the COUNTY recorder may, on his THE
RECORDER'S own motion, or upon the application of any person
interested, PERSON, MAY summon all persons registered as
interested in the lands to which such THE certificate of title,
memorandum, or memorial
relates, to appear at an appointed time, and TO produce
their certificates of title or registered instruments, and if.
IF, at the appointed time, the recorder finds such
AN error, or omission, or mistake, or such
improper cancellation, or improper removal of a
certificate of title exists,
AS DESCRIBED IN THIS DIVISION and that no rights of bona fide
purchasers or lien holders LIENHOLDERS for value have intervened
by which
their estate or interest will be impaired by the correction of
such THE error, omission, or mistake, or by the
restoration to the
register of any such improperly canceled or improperly removed
certificate of title, he MEMORANDUM, OR MEMORIAL, THE RECORDER
shall correct such THE error or mistake, or supply the
omission, and may correct the cancellation of any THE
certificate of title or registered instrument, or any
memorandum, or memorial entered upon the registration book, or
indorsed upon the registered instrument or certificate of title, by
mistake, or
restore to the register such THE improperly canceled or
improperly removed certificate of title, MEMORANDUM, OR
MEMORIAL, provided that, in correcting any such error
or mistake, the original words shall not be erased or
rendered illegible. The recorder shall attest such THE
corrections
and restorations by affixing his THE RECORDER'S initials or name
and the date thereof OF THE CORRECTIONS OR RESTORATIONS.
Section 2. That existing sections 317.20, 1923.06, 3953.01, 3953.04, 3953.07,
5309.01, 5309.06, 5309.09, 5309.24, 5309.28, 5309.33, 5309.36, 5309.38,
5309.40, and 5309.76 of the Revised Code are hereby repealed.
Section 3. Chapter 765. of the Revised Code shall be known as "Noncriminal
Land Use Infractions."
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