Ohio Rev. Code » Chapter 1311
Ohio Revised Code

Ohio Rev. Code § 1311.16 (2026)

Proceeding by person holding mechanic's lien

✓ current as of May 2026
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Effective:
April 10, 1991
Latest Legislation:
House Bill 238 - 118th General Assembly
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Any person holding a mechanic's lien, in addition to the remedies provided for in sections 1311.01 to 1311.22 of the Revised Code, may proceed by petition, as in other cases of liens, against the owner and all other persons interested, either as lienholders or otherwise, in any improvement, or street, turnpike, road, sidewalk, way, drain, ditch, or sewer, as mentioned in section 1311.03 of the Revised Code, and the lot or land on which it stands or to which it may be removed, and obtain such judgment therein for the rent or sale thereof as justice and equity require. When judgment is rendered in the proceeding in favor of the parties succeeding therein, the court may allow reasonable attorney fees to be paid out of the fund realized for lien claimants.
Notes of Decisions
Cited in 5 cases, 1965–2017 · leading case: Frabott v. Swaney, 2013 Ohio 3354 (Ohio Ct. App. 2013).
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Frabott v. Swaney, 2013 Ohio 3354 (Ohio Ct. App. 2013). · cites it 2× “However, in this case, we find that the attorney fee request was made pursuant to R.C. §1311.16, the fee request was overruled sub silento when the trial court declared the mechanics lien void and of no real effect.”
Helfrich v. Madison, 2012 Ohio 3701 (Ohio Ct. App. 2012). “The court did not abuse its discretion in awarding attorney fees beyond those paid from the cash deposit pursuant to R.C. 1311.16 for Eisenmann's frivolous conduct.”
Vitale Bros. v. Wurtz, 206 N.E.2d 585 (Ohio Ct. App. 1965). · cites it 10× “The plaintiff-lienholder claimed that Section 1311.16 gives it an additional remedy in equity upon the theory of unjust enrichment.”
Krlich v. Clemente, 2017 Ohio 5633 (Ohio Ct. App. 2017). · cites it 3× “But, foreclosure on the mechanic's lien is governed by R.C. 1311.16 : {¶ 34} "Any person holding a mechanic's lien * * * may proceed by petition, as in other cases of liens, against the owner and all other persons interested, either as lienholders or otherwise, in any…”
Swirsky v. Iwanyckyj, 228 N.E.2d 329 (Ohio 1967). · cites it 2× “th regard to the obligation of Iwan Iwany-ckyj to pay the amount of the liens upon the premises and reserved jurisdiction to make further orders for support if such liens were not paid, is not a bar to the jurisdiction of the Cleveland Municipal Court in the separate action to…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.