Ohio Code 5309.28 – Holder of certificate of title holds free from encumbrances – exceptions
(A) Every applicant in a land registration case who, without fraud on 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 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 that may exist:
Terms Used In Ohio Code 5309.28
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Certificate of title: includes all memorials and notations noted under a certificate of title. See Ohio Code 5309.01
- Fraud: Intentional deception resulting in injury to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Registered land: means any land registered under this chapter and Chapter 5310 of the Revised Code. See Ohio Code 5309.01
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(1) Liens, claims, or rights arising or existing under the laws or constitution of the United States that the statutes of this state cannot require to appear of record in the county recorder’s office;
(2) Taxes and assessments levied by the United States, this state, or any taxing district of this state;
(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 the way or the boundaries of the way, if any boundaries exist, have been determined by the court;
(4) Any lease for a term not exceeding three years, when there is actual possession under the lease;
(5) Right of appeal within thirty days after decree of registration;
(6) If there are easements or other rights appurtenant to a parcel of registered land that are not subject to section 5309.281 of the Revised Code and that for any reason have not been registered, those easements or rights shall remain appurtenant notwithstanding 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.