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.
Corban v. Chesapeake Expl., L.L.C., Et Al., 2016 Ohio 5796 (Ohio 2016). · cites it 4ד{¶ 130} Still, a surface owner may choose to bring an action to quiet title pursuant to R.C. 5303.01 in order to enforce the rights vested through the operation of the 1989 ODMA.”
Cline v. Mtge. Elec. Reg. Sys., Inc., 2013 Ohio 5706 (Ohio Ct. App. 2013). · cites it 8דBACKGROUND {¶ 2} This matter arose with the February 21, 2012 filing of appellant's complaint, pursuant to R.C. 5303.01, seeking to quiet title on real property located in Franklin County, Ohio.”
Buckner v. Bank of New York, 2014 Ohio 568 (Ohio Ct. App. 2014). · cites it 7דAppellant sought an order under R.C. 5303.01 that the assignment was invalid and of no legal effect, or in the alternative, that the mortgage was satisfied because the underlying note had been paid in full.”
Bank of New York Mellon Trust Co. v. Unger, 2012 Ohio 1950 (Ohio Ct. App. 2012). · cites it 4ד11 title action under R.C. 5303.01 even though they are not a party to the alleged fraudulent mortgage assignments used to create the “cloud” on title.”
Stark Cnty. Park Dist. v. Dickerhoof, 2018 Ohio 4319 (Ohio Ct. App. 2018). · cites it 7דFIRST ASSIGNMENT OF ERROR {¶ 35} Appellants assert, in their first assignment of error, that the trial court erred by refusing to dismiss appellee's complaint for quiet title for lack of standing, citing the language of R.C. 5303.01 which states in part that: "An action may be…”
New 52 Proj., Inc. v. Proctor, Ohio Dep't of Transp., 2009 Ohio 1766 (Ohio 2009). · cites it 10ד{¶ 23} I agree with Justice Lanzinger’s analysis that R.C. 5303.01 recognizes that common-law actions to quiet title may be brought against the state.”
Huber Hts. Vets. Club, Inc. v. Grande Voiture D'Ohio La Societe Des 40 Hommes et 8 Chevaux, 2021 Ohio 2695 (Ohio Ct. App. 2021). · cites it 6דThe allegations in Count One also included a cause of action under R.C. 5303.01 (quiet title). HHVC’s second count sought monetary compensation for the rental value of the property, the organization’s parade vehicle, identify theft, loss -6- of revenue (canteen operation and…”
Shrock v. Mullet, 2019 Ohio 2707 (Ohio Ct. App. 2019). · cites it 5דR.C. 5303.01 {¶56} Appellant states the elements of a quiet title action were not established.”
Gasper v. Bank of Am., N.A., 2019 Ohio 1150 (Ohio Ct. App. 2019). “R.C. 5303.01. Quiet title actions are generally used to remove a cloud on one’s title to real property and are considered equitable in nature.”
Harris v. Dayton Power & Light Co., 2016 Ohio 517 (Ohio Ct. App. 2016). “The court’s decision focused on the language of R.C. 5303.01, governing actions to quiet title, which provides that an action may be brought by a person in possession of real property, or by a person out of possession if the person has a remainder or reversion interest in the…”
Huron v. McCune, 2023 Ohio 575 (Ohio Ct. App. 2023). · cites it 5ד” McCarley at * 9 , citing R.C. 5303.01. “[I]f a plaintiff is not in possession of the real property in question, an action to quiet title would not lie.”
Trammell v. Broner, 2023 Ohio 4143 (Ohio Ct. App. 2023). · cites it 2דQuiet Title {¶26} An action to quiet title is governed by R.C. 5303.01, which provides, in relevant part: 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…”
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