Ohio Code § 5301.49

Ohio Code § 5301.49. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5301.49.

Such record marketable title shall be subject to: (A) All interests and defects which are inherent in the muniments of which such chain

of record title is formed;  provided that a general reference in such muniments, or

any of them, to easements, use restrictions, or other interests created prior to the

root of title shall not be sufficient to preserve them, unless specific identification

be made therein of a recorded title transaction which creates such easement, use restriction,

or other interest;  and provided that possibilities of reverter, and rights of entry

or powers of termination for breach of condition subsequent, which interests are inherent

in the muniments of which such chain of record title is formed and which have existed

for forty years or more, shall be preserved and kept effective only in the manner

provided in section 5301.51 of the Revised Code ; (B) All interests preserved by the filing of proper notice or by possession by the same

owner continuously for a period of forty years or more, in accordance with section 5301.51 of the Revised Code ; (C) The rights of any person arising from a period of adverse possession or user, which

was in whole or in part subsequent to the effective date of the root of title; (D) Any interest arising out of a title transaction which has been recorded subsequent

to the effective date of the root of title from which the unbroken chain of title

or record is started;  provided that such recording shall not revive or give validity

to any interest which has been extinguished prior to the time of the recording by

the operation of section 5301.50 of the Revised Code ; (E) The exceptions stated in section 5301.53 of the Revised Code .

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 5301.49
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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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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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 5301.49 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 5301.49 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

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