The use of terms of inheritance or succession are not necessary to create a fee simple estate, and every grant, conveyance, or mortgage of lands, tenements, or hereditaments shall convey or mortgage the entire interest which the grantor could lawfully grant, convey, or mortgage, unless it clearly appears by the deed, mortgage, or instrument that the grantor intended to convey or mortgage a less estate.
Ohio Rev. Code Ann. § 5301.02
Words necessary to create a fee simple estate
Applied in 6 court decisions — leading case Miller v. MIF Realty L.P. (In Re Perrysburg Marketplace Co.) (1997)
Most recently applied in Nelson v. Countrywide Home Loans, Inc. (In re Barger) (July 2012)
Effective: October 1, 1953; Latest Legislation: House Bill 1 - 100th General Assembly
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.