Ohio § 5309.09
Full text of Ohio Ohio Revised Code § 5309.09, with citation guidance and answers to common questions.
§ 5309.09.
The application to register the title to land or to any interest 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, the full name, place of residence, and post-office address of any person
acting on behalf of the applicant or owner, the name of the applicant or owner as
it appears in the muniments of title, whether the applicant or owner is now married
or single and, if married, the full name of the 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 a former 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 the ward, and with whom 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 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 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 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 each
occupant or user has or claims in the land, buildings, or improvements; (F) The nature, amount, date, 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 of the land, buildings, or improvements, including, but not limited to,
mortgages, deeds of trust as security, mechanics' liens, judgments, decrees, and executions,
home and foreign, the name, place of residence, and post-office address of each holder
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 of the liens, charges, or encumbrances,
and which of 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 the applicant's or owner's predecessors
in title in any court of record, the judgments in which might affect in any way 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 person of that nature and the nature of the apparent or real interest
so held or claimed; and which of 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 those adjoining lands; (I) If this state, any political subdivision of the state, any public authority, or any
public body corporate will in any way be affected by a decree of the probate court
determining or ordering the title of the applicant or owner to be registered, the
state, political subdivision, public authority, or public body corporate shall be
made a 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 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 that street, public way, or highway,
and the persons interested in that private way. The proper public authorities and interested persons shall be made defendants to
the application and, as applicable, their places of residence and post-office addresses
shall be given. (K) Any further statements and allegations that are required by this chapter or Chapter
5310. of the Revised Code or 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,
to any estate in the lands, buildings, or improvements, or to any lien, charge, or
encumbrance 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 may be made and treated as defendants to the application
and properly brought before the court, that the title of the applicant or owner may
be settled and determined, that all clouds may be removed from the title, that the
title may be ordered to be registered as set out in the application, and that all
lesser or other estates and interests in and all liens, charges, and encumbrances
upon the land or any part 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.
Frequently Asked Questions About Ohio § 5309.09
What does Ohio Revised Code § 5309.09 cover?
Section 5309.09 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5309.09?
A common citation format is "Ohio Revised Code § 5309.09" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5309.09 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.