2006 Ohio Revised Code - 317.08. Records to be kept by county recorder.

§ 317.08. Records to be kept by county recorder.
 

(A)  Except as provided in divisions (C) and (D) of this section, the county recorder shall keep six separate sets of records as follows: 

(1) A record of deeds, in which shall be recorded all deeds and other instruments of writing for the absolute and unconditional sale or conveyance of lands, tenements, and hereditaments; all notices as provided in sections 5301.47 to 5301.56 of the Revised Code; all judgments or decrees in actions brought under section 5303.01 of the Revised Code; all declarations and bylaws, and all amendments to declarations and bylaws, as provided in Chapter 5311. of the Revised Code; affidavits as provided in sections 5301.252 [5301.25.2] and 5301.56 of the Revised Code; all certificates as provided in section 5311.17 of the Revised Code; all articles dedicating archaeological preserves accepted by the director of the Ohio historical society under section 149.52 of the Revised Code; all articles dedicating nature preserves accepted by the director of natural resources under section 1517.05 of the Revised Code; all agreements for the registration of lands as archaeological or historic landmarks under section 149.51 or 149.55 of the Revised Code; all conveyances of conservation easements and agricultural easements under section 5301.68 of the Revised Code; all instruments extinguishing agricultural easements under section 901.21 or 5301.691 [5301.69.1] of the Revised Code or pursuant to terms of such an easement granted to a charitable organization under section 5301.68 of the Revised Code; all instruments or orders described in division (B)(2)(b) of section 5301.56 of the Revised Code; all no further action letters issued under section 122.654 [122.65.4] or 3746.11 of the Revised Code; all covenants not to sue issued under section 3746.12 of the Revised Code, including all covenants not to sue issued pursuant to section 122.654 [122.65.4] of the Revised Code; any restrictions on the use of property contained in a no further action letter issued under section 122.654 [122.65.4] of the Revised Code, any restrictions on the use of property identified pursuant to division (C)(3)(a) of section 3746.10 of the Revised Code, and any restrictions on the use of property contained in a deed or other instrument as provided in division (E) or (F) of section 3737.882 [3737.88.2] of the Revised Code; any easement executed or granted under section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code; any environmental covenant entered into in accordance with sections 5301.80 to 5301.92 of the Revised Code; all memoranda of trust, as described in division (A) of section 5301.255 [5301.25.5] of the Revised Code, that describe specific real property; and all agreements entered into under division (A) of section 1521.26 of the Revised Code; 

(2) A record of mortgages, in which shall be recorded all of the following: 

(a) All mortgages, including amendments, supplements, modifications, and extensions of mortgages, or other instruments of writing by which lands, tenements, or hereditaments are or may be mortgaged or otherwise conditionally sold, conveyed, affected, or encumbered; 

(b) All executory installment contracts for the sale of land executed after September 29, 1961, that by their terms are not required to be fully performed by one or more of the parties to them within one year of the date of the contracts; 

(c) All options to purchase real estate, including supplements, modifications, and amendments of the options, but no option of that nature shall be recorded if it does not state a specific day and year of expiration of its validity; 

(d) Any tax certificate sold under section 5721.33 of the Revised Code, or memorandum of it, that is presented for filing of record. 

(3) A record of powers of attorney, including all memoranda of trust, as described in division (A) of section 5301.255 [5301.25.5] of the Revised Code, that do not describe specific real property; 

(4) A record of plats, in which shall be recorded all plats and maps of town lots, of the subdivision of town lots, and of other divisions or surveys of lands, any center line survey of a highway located within the county, the plat of which shall be furnished by the director of transportation or county engineer, and all drawings and amendments to drawings, as provided in Chapter 5311. of the Revised Code; 

(5) A record of leases, in which shall be recorded all leases, memoranda of leases, and supplements, modifications, and amendments of leases and memoranda of leases; 

(6) A record of declarations executed pursuant to section 2133.02 of the Revised Code and durable powers of attorney for health care executed pursuant to section 1337.12 of the Revised Code. 

(B)  All instruments or memoranda of instruments entitled to record shall be recorded in the proper record in the order in which they are presented for record. The recorder may index, keep, and record in one volume unemployment compensation liens, internal revenue tax liens and other liens in favor of the United States as described in division (A) of section 317.09 of the Revised Code, personal tax liens, mechanic's liens, agricultural product liens, notices of liens, certificates of satisfaction or partial release of estate tax liens, discharges of recognizances, excise and franchise tax liens on corporations, broker's liens, and liens provided for in sections 1513.33, 1513.37, 3752.13, 5111.022 [5111.02.2], and 5311.18 of the Revised Code. 
 

The recording of an option to purchase real estate, including any supplement, modification, and amendment of the option, under this section shall serve as notice to any purchaser of an interest in the real estate covered by the option only during the period of the validity of the option as stated in the option. 

(C)  In lieu of keeping the six separate sets of records required in divisions (A)(1) to (6) of this section and the records required in division (D) of this section, a county recorder may record all the instruments required to be recorded by this section in two separate sets of record books. One set shall be called the "official records" and shall contain the instruments listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this section. The second set of records shall contain the instruments listed in division (A)(4) of this section. 

(D)  Except as provided in division (C) of this section, the county recorder shall keep a separate set of records containing all corrupt activity lien notices filed with the recorder pursuant to section 2923.36 of the Revised Code and a separate set of records containing all medicaid fraud lien notices filed with the recorder pursuant to section 2933.75 of the Revised Code. 
 

HISTORY: RS § 1143; S&S 655; S&C 473, 1274, 1278; 48 v 64, § 3; 61 v 55, § 4; 62 v 170; GC § 2757; 122 v 151; Bureau of Code Revision, 10-1-53; 129 v 999 (Eff 8-11-61); 129 v 1040 (Eff 9-29-61); 130 v 201 (Eff 1-23-63); 130 v 202 (Eff 8-9-63); 130 v 200 (Eff 8-19-63); 130 v 203 (Eff 10-10-63); 134 v H 300 (Eff 12-30-71); 134 v S 205 (Eff 1-13-72); 134 v S 395 (Eff 4-1-72); 134 v H 390 (Eff 3-31-73); 135 v H 200 (Eff 9-28-73); 136 v H 418 (Eff 8-24-76); 138 v H 128 (Eff 1-1-80); 138 v H 504 (Eff 1-1-80); 138 v H 816 (Eff 7-18-80); 138 v H 1051 (Eff 9-1-81); 141 v H 5 (Eff 1-1-86); 142 v S 196 (Eff 10-20-87); 142 v S 223 (Eff 3-22-89); 143 v H 33 (Eff 10-30-90); 144 v H 46 (Eff 10-10-91); 145 v H 715 (Eff 7-22-94); 145 v S 114 (Eff 8-10-94); 145 v S 221 (Eff 9-28-94); 145 v H 98 (Eff 7-1-96); 146 v H 644 (Eff 11-6-96); 147 v H 158 (Eff 8-28-97); 147 v H 371 (Eff 2-25-98); 147 v S 223 (Eff 4-5-99); 148 v S 43 (Eff 10-20-99); 148 v H 601 (Eff 6-14-2000); 149 v H 3 (Eff 7-26-2001); 149 v H 338. Eff 10-1-2002; 150 v H 135, § 1, eff. 7-20-04; 150 v H 516, § 1, eff. 12-30-04; 151 v H 66, § 101.01, eff. 10-1-05; 151 v H 288, § 1, eff. 6-30-06.
 

The effective date is set by § 612.09 of 151 v H 66. 

The effective date is set by section 10 of H.B. 516 (150 v  - ). 

 

Effect of Amendments

151 v H 288, effective June 30, 2006, in (A)(1), substituted "sections 5301.252 and 5301.56" for "section 5301.252"; and corrected internal references. 

151 v H 66, effective October 1, 2005, corrected internal references in (B). 

150 v H 516, effective December 30, 2004, in (A)(1), inserted "any easement executed ... 5301.92 of the Revised Code", and corrected internal references. 

150 v H 135, effective July 20, 2004, redesignated the former introductory paragraph and (A) through (H) as (A) through (D); inserted "and all amendments to declarations and bylaws" in present (A)(1); and made minor stylistic changes and corrected internal references.