Ohio § 5309.23
Full text of Ohio Ohio Revised Code § 5309.23, with citation guidance and answers to common questions.
§ 5309.23.
If the probate court or the court of common pleas after a hearing in a land registration
case finds that the applicant has title in whole or in part as stated in his application,
and proper for registration, then to the extent of the title so found a decree of
confirmation and registration shall be entered, which shall have the effect of a decree
in rem and, subject only to the exceptions stated in section 5309.28 of the Revised Code , shall bind the land and all interests and rights therein and liens and charges thereon. After the expiration of the time for appeal and except as otherwise provided in sections 5309.02 to 5310.21, inclusive, of the Revised Code , such decree of confirmation and registration shall be absolutely conclusive against
all persons, including the state or any political subdivision thereof, whether mentioned
by name in the application, notice, or other papers in the case, or as unknown heirs
and devisees, or included in the general description “all other persons, if any, having
any right or interest in or lien upon the lands or any part thereof,” and whether
under disability, not in being, unknown, or unascertained. After the expiration of the time for appeal, except as otherwise provided in such
sections, no such person shall in any of the courts of this state assert by suit or
otherwise any claim to an interest in or lien or charge upon registered land in derogation
of or contrary to the purport of such decree. Such decree shall not, after the expiration of the time for appeal, be opened because
of the absence, infancy, or other disability of any person affected thereby, or by
any suit or proceeding at law or in equity for opening up judgments or decrees because
a party has not had actual notice of the suit or proceedings. Any person deprived of land or of any interest therein or lien or charge thereon
by a decree of registration obtained by fraud may file a petition in the case to open
up and review such case within one year after the entry of the decree, provided no
innocent purchaser for value, mortgagee, or other lien holder has acquired an interest. If there is any such purchaser, mortgagee, or other lien holder, the decree of registration
shall not as to them or any person holding under them be opened, but shall remain
in effect forever, subject only to the right of appeal. Any person who is aggrieved by such decree may pursue his remedy by action of tort
against the applicant or against any other person for fraud in procuring the decree.
Frequently Asked Questions About Ohio § 5309.23
What does Ohio Revised Code § 5309.23 cover?
Section 5309.23 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 § 5309.23?
A common citation format is "Ohio Revised Code § 5309.23" (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 § 5309.23 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.