ACTION TO QUIET TITLE

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.01 - Action to
quiet title.
Universal Citation: Ohio Rev Code 5303.01 (2016)

An action may be brought by a person in possession of real

property, by himself or tenant, against any person who claims an
interest therein adverse to him, for the purpose of determining
such adverse interest. Such action may be brought also by a
person out of possession, having, or claiming to have, an interest
in remainder or reversion in real property, against any person
who claims to have an interest therein, adverse to him, for the
purpose of determining the interests of the parties therein.

Whenever the state or any agency or political subdivision thereof

has, or appears to have, an interest in real property adverse to
the person in possession claiming the right thereto, the state or
such agency or such political subdivision may be made a party in
any action brought under this section.

The clerk of the court shall cause to be recorded in the deed

records of each county in which any part of the real property lies,
a certified copy of the judgment or decree determining the
interests of the parties. The usual fees of the clerk and recorder
shall be taxed as part of the costs of the case.

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Effective Date: 03-31-1973

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.02 - Vendee may
recoup.
Universal Citation: Ohio Rev Code 5303.02 (2016)

In actions to recover the purchase money of real estate by vendor

against vendee, the vendee, notwithstanding his continued
possession, may by way of counterclaim set up any breach of the
covenants of title acquired by him from the plaintiff, and make
any person claiming an adverse interest therein a party to the
action. Upon the hearing, he may recoup against the plaintiff's
demand the present worth of any existing lien or encumbrance
thereon. If the adverse interest of the claimant is an estate in
reversion or remainder, or contingent upon a future event, with
his assent, the court of common pleas may order the vendee to
surrender possession to his vendor upon the repayment of so
much of the purchase money as has been paid, with interest, or
direct the payment of the purchase money claimed in the action,
upon the plaintiff's giving bond in double its amount with two or
more sureties to be approved by the court, for the payment
thereof with interest, if by reason of the defect the defendant or
his privies are subsequently evicted.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY

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 Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.03 - Petition in
action for land.
Universal Citation: Ohio Rev Code 5303.03 (2016)

In an action for the recovery of real property, it is sufficient if the

plaintiff states in his petition that he has a legal estate therein
and is entitled to the possession thereof, describing it with such
certainty as to identify the property, and that the defendant
unlawfully keeps him out of the possession. It is not necessary to
state how the plaintiff's estate or ownership is derived.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.04 - Answer to
action for land.
Universal Citation: Ohio Rev Code 5303.04 (2016)

In an action for the recovery of real property, it is sufficient if in

his answer the defendant denies generally the title alleged in the
petition, or that he withholds the possession. If he denies the
title only, possession by him shall be taken as admitted. When he
does not defend for the whole premises, the answer shall
describe the particular part for which defense is made. The

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defendant also may set forth in his answer other grounds of
defense and counterclaim, as in any other form of action.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.05 - Petition by
tenant against cotenant.
Universal Citation: Ohio Rev Code 5303.05 (2016)

In an action by a tenant in common of real property against a

cotenant, the plaintiff must state, in addition to what is required
in section 5303.03 of the Revised Code, that the defendant either
denied the plaintiff's right, or did some act amounting to such
denial.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.06 - Recovery
when right terminates during
the action.
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Universal Citation: Ohio Rev Code 5303.06 (2016)

In an action for the recovery of real property, when the plaintiff

shows a right to recover at the time the action was begun, but
during its pendency his right has terminated, the verdict and
judgment must be according to the fact, and the plaintiff may
recover for the withholding of the property.

Effec2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.07 - Occupying
claimant law.
Universal Citation: Ohio Rev Code 5303.07 (2016)

In an action for the recovery of real property the parties may

avail themselves of the benefit of sections 5303.08 to 5303.17,
inclusive, of the Revised Code.

Effective Date: 10-01-1953

tive Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.08 - Cases in

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 which occupying claimant is
paid for improvements.
Universal Citation: Ohio Rev Code 5303.08 (2016)

A person who, without fraud or collusion on his part, obtained

title to and is in the quiet possession of lands or tenements,
claiming to own them, shall not be evicted or turned out of
possession by any person who sets up and proves an adverse and
better title, until the occupying claimant, or his heirs, is paid the
value of lasting improvements made by the occupying claimant
on the land, or by the person under whom he holds, before the
commencement of suit on the adverse claim by which such
eviction may be effected, unless the occupying claimant refuses
to pay to the party establishing a better title the value of the
lands without such improvements, on demand by him or his heirs,
when such occupying claimant holds:

(A) Under a plain and connected title, in law or equity, derived

from the records of a public office;

(B) By deed, devise, descent, contract, bond, or agreement, from

and under a person claiming a plain and connected title, in law or
equity, derived from the records of a public office, or by deed
authenticated and recorded;

(C) Under sale on execution against a person claiming a plain and

connected title, in law or equity, derived from the records of a
public office, or by deed authenticated and recorded;

(D) Under a sale for taxes authorized by the laws of this state;

(E) Under a sale and conveyance made by executors,

administrators, or guardians, or by any other person, in
pursuance of an order or decree of court, where lands are
directed to be sold.

Effective Date: 10-01-1953

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 2016 Ohio Revised Code
Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.10 - Entry of
claim against occupying
claimant.
Universal Citation: Ohio Rev Code 5303.10 (2016)

The court rendering judgment against the occupying claimant in

any case provided for in sections 5303.08 to 5303.17, inclusive, of
the Revised Code, at the request of either party, shall cause a
journal entry thereof to be made, and the action shall then
proceed as other civil actions.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.11 - Conduct of
case.
Universal Citation: Ohio Rev Code 5303.11 (2016)

For the trial of a question of fact remaining undisposed of, a jury

shall be impaneled and sworn, and shall at once proceed to view

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the premises in question. After viewing the premises, the jury
shall return to the courthouse and the trial shall proceed. After
hearing the testimony produced by either party, the jury shall
determine the rights of the parties under the direction of the
court. From such view and the testimony, the jury shall ascertain
and find in its verdict the reasonable value of permanent and
valuable improvements made on the land previous to the
occupying claimant's receipt of actual notice of the adverse
claim of the plaintiff, the damages the land has sustained by
waste, including the value of timber or other valuable material
removed or destroyed, and the net annual value, rents, and profits
of the land accruing after the occupying claimant received notice
of claim by service of summons. The jury shall find the value of
the land at the time the judgment was rendered with the
improvements thereon, and its value without the improvements or
damages sustained by waste, including the removal or
destruction of the timber or other valuable material, and return
its verdict in open court.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.12 - Setting
verdict aside.
Universal Citation: Ohio Rev Code 5303.12 (2016)

If either party is aggrieved by an assessment or valuation made

by a jury under section 5303.11 of the Revised Code, he may
apply to the court during the term at which the trial was had, by
a motion to set aside the verdict, assessment, and valuation, and,
upon good cause shown, it may set aside such assessment,

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valuation, and verdict, order a new valuation and another jury to
be drawn, which shall proceed as provided in such section. Either
party may challenge jurors as in other civil actions. If more than
three witnesses are examined by either party on the same point
in the same case, the judge may tax the costs of such additional
witnesses to the party calling them.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.13 - Judgment
and execution on verdict for
plaintiff.
Universal Citation: Ohio Rev Code 5303.13 (2016)

If, under section 5303.11 of the Revised Code, the jury reports a
sum in favor of the plaintiff in ejectment on the assessment and
valuation of the valuable and lasting improvements, the
assessment of damages for waste, and the net annual value of
the rents and profits, the court shall render a judgment therefor,
without pleadings, and issue execution thereon as in other cases.
In such case, or in cases in which no such excess is reported,
such plaintiff is barred from having or maintaining an action for
mesne profits.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
9
 Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.14 - Proceedings
if verdict is for occupying
claimant.
Universal Citation: Ohio Rev Code 5303.14 (2016)

If, under section 5303.11 of the Revised Code, the jury reports a
sum in favor of the occupying claimant, on the assessment and
valuation of the valuable and lasting improvements, deducting
therefrom the damages, sustained by waste, together with the
net annual value of the rents and profits which the defendant
received after commencement of the action, the successful
claimant, or his heirs, or, if they are minors, their guardians, may
demand of the occupying claimant the value of the land without
the improvements so assessed and tender a deed of it to him, or
pay him the sum so allowed by the jury in his favor, within such
reasonable time as the court allows.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.15 - Writ of
possession.
Universal Citation: Ohio Rev Code 5303.15 (2016)

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If the successful claimant, his heirs, or their guardians, elect to,
and do pay to the occupying claimant, the sum reported in his
favor by the jury, within the time allowed therefor, then a writ of
possession shall issue in favor of him, his heirs, or their
guardians.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.13 - Judgment
and execution on verdict for
plaintiff.
Universal Citation: Ohio Rev Code 5303.13 (2016)

If, under section 5303.11 of the Revised Code, the jury reports a
sum in favor of the plaintiff in ejectment on the assessment and
valuation of the valuable and lasting improvements, the
assessment of damages for waste, and the net annual value of
the rents and profits, the court shall render a judgment therefor,
without pleadings, and issue execution thereon as in other cases.
In such case, or in cases in which no such excess is reported,
such plaintiff is barred from having or maintaining an action for
mesne profits.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY

11
 Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.15 - Writ of
possession.
Universal Citation: Ohio Rev Code 5303.15 (2016)

If the successful claimant, his heirs, or their guardians, elect to,

and do pay to the occupying claimant, the sum reported in his
favor by the jury, within the time allowed therefor, then a writ of
possession shall issue in favor of him, his heirs, or their
guardians.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.16 - Election by
successful claimant to receive
value of land.
Universal Citation: Ohio Rev Code 5303.16 (2016)

If the successful claimant, his heirs, or their guardians, elect to

receive the value of the land without the improvements assessed
under section 5303.11 of the Revised Code, to be paid by the
occupying claimant, and tender a general warranty deed of the
land conveying such adverse or better title, within the time
allowed by the court for the payment of the money, and the

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occupying claimant refuses or neglects to pay it to him, his heirs,
or their guardians within such time, a writ of possession shall be
issued in favor of the successful claimant, his heirs, or their
guardians.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.17 - Action by
occupying claimant after
election.
Universal Citation: Ohio Rev Code 5303.17 (2016)

When an application is made for the value of improvements to

land, the occupying claimant or his heirs shall not be evicted
from the possession of such land except as provided in sections
5303.15 and 5303.16 of the Revised Code. When an election has
been made by the successful claimant, his heirs, or their
guardians, to surrender the land, if the occupying claimant or his
heirs, within the time allowed, pay into court its value, without
improvements, thereafter they may bring suit in the court which
gave judgment of eviction, and obtain judgment for the title to the
land, if it was not previously conveyed to such occupant.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY

13
 Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.17 - Action by
occupying claimant after
election.
Universal Citation: Ohio Rev Code 5303.17 (2016)

When an application is made for the value of improvements to

land, the occupying claimant or his heirs shall not be evicted
from the possession of such land except as provided in sections
5303.15 and 5303.16 of the Revised Code. When an election has
been made by the successful claimant, his heirs, or their
guardians, to surrender the land, if the occupying claimant or his
heirs, within the time allowed, pay into court its value, without
improvements, thereafter they may bring suit in the court which
gave judgment of eviction, and obtain judgment for the title to the
land, if it was not previously conveyed to such occupant.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.18 - Authority to
convey.
Universal Citation: Ohio Rev Code 5303.18 (2016)

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When two or more persons who own an interest in land become
bound in writing for the sale and conveyance thereof, and one
dies before the land is conveyed, the survivors, by petition
against the purchaser, and the heirs or devisees of such
deceased party, may be authorized to complete such contract.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.19 - Petition to
convey land.
Universal Citation: Ohio Rev Code 5303.19 (2016)

The petition provided for in section 5303.18 of the Revised Code

must set forth the names of all the contracting parties, describe
the lands contracted for, state the time the contract was made,
that it has been fully performed by the purchaser, and have a
copy of the contract annexed.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY

15
 Section 5303.20 - Judgment
and deed to convey land.
Universal Citation: Ohio Rev Code 5303.20 (2016)

If the court finds the allegations of the petition provided for in

section 5303.18 of the Revised Code to be true, it may make an
order authorizing the survivors to complete the contract by
conveying the land. The deed shall recite the order, and shall
convey as complete and perfect a title, and have the same effect,
as if executed by all the owners.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.21 - Sale of
entailed and other estates.
Universal Citation: Ohio Rev Code 5303.21 (2016)

(A) In an action by the tenant in tail or for life, or in an action by

the grantee or devisee of a qualified or conditional fee, or of any
other qualified, conditional, or determinable interest, or in an
action by a person claiming under such tenant, grantee, or
devisee, or in an action by the trustee or beneficiaries, if the
estate is held in trust, courts of common pleas may, subject to
division (B) of this section, authorize the sale of any estate,
whether it was created by will, deed, or contract, or came by
descent, when satisfied that such sale would be for the benefit of
the person holding the first and present estate, interest, or use,
and do no substantial injury to the heirs in tail, or others in

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expectancy, succession, reversion, or remainder. This division
does not extend to estates in dower.

(B) If an estate is held in trust and if the trustee is authorized by

the trust instrument to sell real property, a court of common
pleas shall not authorize the sale of the estate pursuant to
division (A) of this section unless the trustee consents to the
sale.

Effective Date: 10-14-1983

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.22 - Petition and
defendants.
Universal Citation: Ohio Rev Code 5303.22 (2016)

The petition for a sale of an estate described in section 5303.21

of the Revised Code shall contain a description of such estate, a
clear statement of the interest of the plaintiff therein, and a copy
of the will, deed, or other instrument of writing by which the
estate is created. All persons in being who are interested in the
estate, or who may, by the terms of the will, deed, other
instrument creating the entailment or other estate, thereafter
become interested therein as heir, reversioner, or otherwise, shall
be made parties to the action. If the names or residence of
persons who should be made parties are unknown to the plaintiff,
that fact shall be verified by affidavit of the plaintiff, whereupon
the sale may be ordered.

Effective Date: 10-01-1953

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2016 Ohio Revised Code
Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.23 - Order for
sale and effect.
Universal Citation: Ohio Rev Code 5303.23 (2016)

Upon the hearing, if it is proved that a sale of an estate described

in section 5303.21 of the Revised Code would be for the benefit
of the tenant in tail, or for life, and do no substantial injury to the
heirs in tail, or others in expectancy, succession, reversion, or
remainder, the court shall direct a sale to be made, the manner
thereof and appoint some suitable person to make it. Such sale
shall vest the estate sold in the purchaser, free from the
entailment, limitation, or condition.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.24 - Sale may be
had by consent.
Universal Citation: Ohio Rev Code 5303.24 (2016)

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All parties in interest may appear voluntarily, and consent in
writing to a sale of an estate described in section 5303.21 of the
Revised Code. Testamentary guardians, and guardians appointed
by the probate court, in the place of their wards, also may assent
to the sale.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.25 - Report and
confirmation of sale and deed.
Universal Citation: Ohio Rev Code 5303.25 (2016)

A sale of an estate described in section 5303.21 of the Revised

Code shall be reported to the court of common pleas authorizing
such sale. On examination thereof, if it appears that the sale was
fairly conducted and made, and that the price obtained is the
reasonable value of the estate sold, the court shall confirm the
sale and direct a deed of conveyance of the premises sold to be
made to the purchaser on payment of the purchase money, or on
securing its payment as the court approves.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
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 Section 5303.26 - Proceeds of
sale.
Universal Citation: Ohio Rev Code 5303.26 (2016)

All money arising from a sale of an estate described in section

5303.21 of the Revised Code, for purposes of descent,
succession, reversion, or remainder, has the same character and
is governed by the same principles as the estate sold, and passes
according to the terms of the deed, will, or other instrument
creating the estate.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.27 - Investing
money from sale of entailed
estates - insurance.
Universal Citation: Ohio Rev Code 5303.27 (2016)

Under the direction and approval of the court of common pleas,

money arising from the sale of an estate described in section
5303.21 of the Revised Code and from the notes given for
purchase money shall be invested in the bonds or other interest-
bearing obligations of this state, any political subdivision of this
state, or the United States, or in bonds or notes secured by a
mortgage on unencumbered real estate located in this state, of
double the value of the money secured. The buildings on such
real estate shall be well insured against loss by fire and

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windstorm, and so kept by the mortgagor for the benefit of the
mortgagee, until the debt is paid. The mortgagee shall so insure
the buildings if the mortgagor fails to do so, and the expense of
the insurance shall be repaid by the mortgagor and be a lien on
the property concurrent with the mortgage; or the court may
order the money reinvested in other real estate within this state
under such restrictions as it prescribes, which investments shall
be reported to the court and be subject to its approval and
confirmation. For purposes of descent, succession, reversion, or
remainder, the real estate in which the money is reinvested has
the same character and is governed by the same principles as
the estate sold, and passes according to the terms of the deed,
will, or other instrument creating the estate sold. The court also
may authorize the investment of any such funds in securities,
interest-bearing obligations, or contract or deposit accounts
which are legal for the investment of funds held by testamentary
trustees as provided by sections 2109.37, 2109.371, and 2109.372
of the Revised Code.

Effective Date: 10-20-1987

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.29 -
Consolidation of actions or
trusts.
Universal Citation: Ohio Rev Code 5303.29 (2016)

Under the direction and approval of the court of common pleas,

money arising from a sale of an estate described in section
5303.21 of the Revised Code, may be invested in bonds which are

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either a portion or the whole of an issue secured by a first
mortgage or trust deed upon the real estate so sold, under such
restrictions as the court prescribes, which investment must be
reported to the court and be subject to its approval and
confirmation. When parts of the same entailed estate have been
or are sought to be sold in separate actions, the court may,
before or after the sale in any action, or at any time during the
continuance of the trusts, consolidate any two or more such
actions or the trusts created thereunder. The court may make all
orders and decrees necessary or proper to effect consolidation.

Effective Date: 10-01-1953

2016 Ohio Revised Code

Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.30 - Income -
payment of taxes and
expenses.
Universal Citation: Ohio Rev Code 5303.30 (2016)

The net income accruing from a sale of an estate described in

section 5303.21 of the Revised Code shall be paid to the person
who would be entitled to the use or income of the estate were it
unsold. Taxes and the expenses of the investment and
management of the fund shall be paid by the person entitled to
the income thereof.

Effective Date: 10-01-1953

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2016 Ohio Revised Code
Title [53] LIII REAL PROPERTY
Chapter 5303 - ACTIONS
RELATING TO REALTY
Section 5303.33 - Necessary
parties to proceeding.
Universal Citation: Ohio Rev Code 5303.33 (2016)

All persons who have vested, contingent, or reversionary interest

in the real estate referred to in section 5303.32 of the Revised
Code, and the trustees or other temporal officers of the religious
society then using it, shall be made parties to such petition, and
be notified of its filing, as in a civil action.

Effective Date: 10-01-1953

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