Ohio Code 4733.302 – Perfection of lien
(A) To perfect a lien on commercial real estate referred to in section 4733.301 of the Revised Code, a professional engineer or professional surveyor shall file with the county recorder of the county in which the commercial real estate is located an affidavit as described in division (B) of this section.
Terms Used In Ohio Code 4733.302
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- Engineer: means a graduate of an accredited engineering curriculum or a person registered as a professional engineer under this chapter, or both. See Ohio Code 4733.01
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Professional engineer: means a person registered as a professional engineer under this chapter. See Ohio Code 4733.01
- Professional surveyor: means a person who is registered as a professional surveyor under this chapter. See Ohio Code 4733.01
(B)(1) The affidavit required under division (A) of this section shall include all of the following:
(a) The name of the professional engineer or professional surveyor;
(b) The name of the owner of the interest in the commercial real estate;
(c) The name of the record owner of the commercial real estate if different than the owner described in division (B)(1)(b) of this section;
(d)(i) A legal description of the commercial real estate sufficient to reference the instrument by which the record owner took title and the permanent parcel number, if any ;
(ii) Division (B)(1)(d)(i) of this section shall not be construed as requiring a metes and bounds description.
(e) The parties to and date of the contract;
(f) The amount of the professional engineer or professional surveyor’s claim under the contract;
(g) A statement that the information contained in the affidavit is true and accurate to the knowledge of the professional engineer or professional surveyor.
(2) The affidavit shall be signed by the professional engineer or professional surveyor and notarized.
(C) Not later than thirty days after recordation, the professional engineer or professional surveyor shall serve the recorded affidavit upon all parties listed in the affidavit by such delivery method as provides proof of receipt. Failure to serve shall not invalidate the lien, but a court may consider equitable remedies for such failure.
(D) A county recorder receiving an affidavit filed pursuant to division (A) of this section shall record the affidavit and charge and collect from the person filing the affidavit the fees prescribed in section 317.32 of the Revised Code for the recorder’s services.
Last updated July 14, 2021 at 12:52 PM