Ohio Code § 5309.23

Ohio Code § 5309.23. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5309.23.

If the probate court or the court of common pleas after a hearing in a land registration

case finds that the applicant has title in whole or in part as stated in his application,

and proper for registration, then to the extent of the title so found a decree of

confirmation and registration shall be entered, which shall have the effect of a decree

in rem and, subject only to the exceptions stated in section 5309.28 of the Revised Code , shall bind the land and all interests and rights therein and liens and charges thereon.  After the expiration of the time for appeal and except as otherwise provided in sections 5309.02 to 5310.21, inclusive, of the Revised Code , such decree of confirmation and registration shall be absolutely conclusive against

all persons, including the state or any political subdivision thereof, whether mentioned

by name in the application, notice, or other papers in the case, or as unknown heirs

and devisees, or included in the general description “all other persons, if any, having

any right or interest in or lien upon the lands or any part thereof,” and whether

under disability, not in being, unknown, or unascertained.  After the expiration of the time for appeal, except as otherwise provided in such

sections, no such person shall in any of the courts of this state assert by suit or

otherwise any claim to an interest in or lien or charge upon registered land in derogation

of or contrary to the purport of such decree.  Such decree shall not, after the expiration of the time for appeal, be opened because

of the absence, infancy, or other disability of any person affected thereby, or by

any suit or proceeding at law or in equity for opening up judgments or decrees because

a party has not had actual notice of the suit or proceedings.  Any person deprived of land or of any interest therein or lien or charge thereon

by a decree of registration obtained by fraud may file a petition in the case to open

up and review such case within one year after the entry of the decree, provided no

innocent purchaser for value, mortgagee, or other lien holder has acquired an interest.  If there is any such purchaser, mortgagee, or other lien holder, the decree of registration

shall not as to them or any person holding under them be opened, but shall remain

in effect forever, subject only to the right of appeal.  Any person who is aggrieved by such decree may pursue his remedy by action of tort

against the applicant or against any other person for fraud in procuring the decree.

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

At a glance

  • Citation: Ohio Revised Code § 5309.23
  • 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

What is the source of Ohio Revised Code § 5309.23?

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 § 5309.23 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 § 5309.23 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.

Can this page be used as legal advice?

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