Ohio Code § 5309.12
Ohio Code § 5309.12. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5309.12.
The applicant desiring to register the title to land or to any interest therein shall
be regarded as plaintiff and all other persons named in the application and to be
affected by the decree shall by name be entered in the caption of the petition and
treated as defendants, and all persons not so named, whether mentioned in the application
or not, shall be included and considered as defendants under the designation, which
shall appear in the caption of the petition, “all other persons, if any, having any
right or interest in or lien upon the lands, or any part thereof, described herein.” When the names of any persons or heirs or devisees of a deceased person, necessary
or proper to be made parties defendant to an application, are unknown to the applicant
after diligent inquiry and research, the character and extent of which shall be stated,
or if the applicant is unable to ascertain whether a person who is a necessary party
is living or dead, or if dead whether he died testate or intestate, the applicant
shall so state and allege in his application or any amendment thereof and such persons
and their heirs or devisees shall thereupon be included and considered as defendants
to such application under the term and designation, “all other persons, if any, having
any right or interest in or lien upon land or any part thereof described herein,”
or under the designation, “unknown heirs, and devisees of _____” as the case may require, and notified by publication as provided in section 5309.15 of the Revised Code . When the place of residence or post-office address of any person, whose residence
or post-office address is required to be given, is unknown, it shall be so stated
and alleged, if the applicant also alleges that upon diligent inquiry and research,
stating of what such inquiry and research consisted, he has been unable to ascertain
such residence or address. Thereupon such person shall be notified by publication as provided in such section,
as one whose residence and post-office address are unknown. If any person named as a defendant is known by the plaintiff to be under disability
of any kind, that fact and the nature thereof, and the name, place of residence, and
post-office address of the guardian or trustee of such person shall be stated in the
application or an amendment thereof, or reason given for the omission of such information. The probate court or the court of common pleas may order an application to be amended
in any particular, not inconsistent with sections 5309.02 to 5310.21, inclusive, of the Revised Code , but all amendments shall be in writing signed and sworn to the same as the original.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5309.12
- 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 § 5309.12?
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 § 5309.12 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 § 5309.12 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?
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