Ohio Code § 5309.28

Ohio Code § 5309.28. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5309.28.

(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: (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.

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

At a glance

  • Citation: Ohio Revised Code § 5309.28
  • 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 § 5309.28?

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 § 5309.28 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 § 5309.28 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?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.