Ohio § 5309.12
Full text of Ohio Ohio Revised Code § 5309.12, with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About Ohio § 5309.12
What does Ohio Revised Code § 5309.12 cover?
Section 5309.12 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5309.12?
A common citation format is "Ohio Revised Code § 5309.12" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5309.12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.