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OTS 6.2

6.2 SERVICE BY PUBLICATION- NECESSITY TO IDENTIFY REAL PROPERTY

Problem A:

Where service is had by publication in an action relating to title to real property, must the publication identify the real property?

Standard A:

Yes.

Comment A:

Neither Rule 4.4(a) of the Ohio Rules of Civil Procedure nor former R.C. Sec. 2703.17 specifies that the publication contain a description of the real property to be subjected to the action. To "identify" the real property does not make it mandatory for the party to set forth entire metes and bounds description. Other methods of identification may be used, and it is suggested that reference to intersections, roads and streets, official municipal street numbers or county designated house numbers, county auditor's permanent parcel numbers, or other like descriptions would be sufficient.

(Effective November 13, 1971. Comment A was amended January 18, 1991)

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