Ohio Code § 723.49

Ohio Code § 723.49. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 723.49.

If the owner or possessor of any lot or land in any municipal corporation digs, or

causes to be dug, any cellar, pit, vault, or excavation, to a greater depth than nine

feet below the curb of the street or streets on which such lot or land abuts, or,

if there is no curb, below the established grade of the street or streets on which

such lot or land abuts, or, if there is no curb or established grade, below the surface

of the adjoining lots, and by such excavation he causes damage to any wall, house,

or other building upon the lots adjoining thereto, such owner or possessor shall be

liable, in a civil action, to the party injured, to the full amount of such damage.  When there is a curb or established grade, the depth of such excavation, at any

point thereof, shall be measured downward from the pitch line projected laterally

over the lot or land, from and between the corresponding points in the nearest curb

or established grade opposite the ends of such pitch line.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 723.49
  • 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 § 723.49?

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 § 723.49 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 § 723.49 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Statutes are amended, repealed, and renumbered every session.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?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.