Ohio Code § 5301.071
Ohio Code § 5301.071. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5301.071.
No instrument conveying real property, or any interest in real property, and of record
in the office of the county recorder of the county within this state in which that
real property is situated shall be considered defective nor shall the validity of
that conveyance be affected because of any of the following: (A) The dower interest of the spouse of any grantor was not specifically released, but
that spouse executed the instrument in the manner provided in section 5301.01 of the Revised Code . (B) The officer taking the acknowledgment of the instrument having an official seal did
not affix that seal to the certificate of acknowledgment. (C) The certificate of acknowledgment is not on the same sheet of paper as the instrument. (D) The executor, administrator, guardian, assignee, attorney in fact, or trustee making
the instrument signed or acknowledged the same individually instead of in a representative
or official capacity. (E)(1) The grantor or grantee of the instrument is a trust rather than the trustee or trustees
of the trust if the trust named as grantor or grantee has been duly created under
the laws of the state of its existence at the time of the conveyance and a memorandum
of trust that complies with section 5301.255 of the Revised Code and contains a description of the real property conveyed by that instrument is recorded
in the office of the county recorder in which the instrument of conveyance is recorded. Upon compliance with division (E)(1) of this section, a conveyance to or from a
trust shall be considered to be a conveyance to or from the trustee or trustees of
the trust in furtherance of the manifest intention of the parties. (2) Except as otherwise provided in division (E)(2) of this section, division (E)(1)
of this section shall be given retroactive effect to the fullest extent permitted
under section 28 of Article II, Ohio Constitution . Division (E) of this section shall not be given retroactive or curative effect if
to do so would invalidate or supersede any instrument that conveys real property,
or any interest in the real property, recorded in the office of the county recorder
in which that real property is situated prior to the date of recording of a curative
memorandum of trust or March 22, 2012, whichever event occurs later. (F) A memorandum of understanding or other instrument complying with division (A) of section 5301.255 of the Revised Code is not recorded as required by that section, so long as the instrument from a trustee
or trust as grantor, conveying or encumbering any interest in the real property has
been of record for more than four years.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5301.071
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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Is Ohio Revised Code § 5301.071 still in force?
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