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Property Law and Real Estate

Cleveland State University

Journal

1974

Ohio

Articles 1 - 2 of 2

Full-Text Articles in Law

Semachko V. Hopko: Ohio's Marketable Title Act Comes To The Fore, James F. Szaller Jan 1974

Semachko V. Hopko: Ohio's Marketable Title Act Comes To The Fore, James F. Szaller

Cleveland State Law Review

The Ohio Marketable Title Act became effective on September 29, 1961. The purpose of the Act is to simplify and facilitate land title transactions. This is accomplished by allowing the title examiner to search the record for title defects for only a specified period of years back in time; all claims prior to that period are extinguished. The period of time in Ohio is forty years. Therefore, if a person has a record chain of title for forty years, then any conflicting claims based upon any title transactions prior to that forty year period are extinguished. The basic concept is …


Covenant Of Habitability And The Ohio Landlord-Tenant Legislation, Barbara Hall Nahra Jan 1974

Covenant Of Habitability And The Ohio Landlord-Tenant Legislation, Barbara Hall Nahra

Cleveland State Law Review

With one exception noted later, Ohio courts have been loathe to accept the fact that enforcement of housing codes has been singularly ineffective on a large scale. Without an implied covenant of habit- ability in rental agreements, the indigent tenant today, living in squalid conditions and often lacking a viable alternative, has no effective means of bettering his condition. To remedy this problem, the Ohio legislature, on July 23, 1974, passed Amended Substitute Senate Bill Number 1032 defining the respective rights and obligations of landlords and tenants by holding the lessor of residential property to an implied covenant of habitability …