Ohio Revised Code

Ohio Rev. Code § 5303.03 (2026)

Petition in action for land

✓ current as of May 2026
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In an action for the recovery of real property, it is sufficient if the plaintiff states in his petition that he has a legal estate therein and is entitled to the possession thereof, describing it with such certainty as to identify the property, and that the defendant unlawfully keeps him out of the possession. It is not necessary to state how the plaintiff's estate or ownership is derived.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1958–2024 · leading case: Huber Hts. Vets. Club, Inc. v. Grande Voiture D'Ohio La Societe Des 40 Hommes et 8 Chevaux, 2021 Ohio 2695 (Ohio Ct. App. 2021).
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Huber Hts. Vets. Club, Inc. v. Grande Voiture D'Ohio La Societe Des 40 Hommes et 8 Chevaux, 2021 Ohio 2695 (Ohio Ct. App. 2021). · cites it 4× “{¶ 12} In its first count, HHVC requested restitution of the property, pursuant to R.C. 5303.03 (ejectment). The allegations in Count One also included a cause of action under R.”
Avery v. Avery, Admx., 157 N.E.2d 917 (Ohio Ct. App. 1958). · cites it 10× “This is an action in ejectment by virtue of Section 5303.03, Revised Code, and before this court on appeal from a judgment for defendants in the Common Pleas Court.”
Balfour v. Haymon, 2021 Ohio 3499 (Ohio Ct. App. 2021). · cites it 3× “{¶ 67} Because the trial court erred in granting Balfour's motion for judgment on the pleadings declaring that Balfour has the superior legal interest in the property, the trial court's judgment on the ejectment claim is also in error.”
Thornton v. Guckiean Co., Inc., 603 N.E.2d 1066 (Ohio Ct. App. 1991). · cites it 3× “03 reads as follows: “In an action for the recovery of real property, it is sufficient if the plaintiff states in his petition that he has a legal estate therein and is entitled to the possession thereof, describing it with such certainty as to identify the property, and that…”
Katz v. Metro. Sewer Dist., 690 N.E.2d 1357 (Ohio Ct. App. 1997). · cites it 3× “This is an appeal from the summary judgment entered by the Hamilton County Court of Common Pleas in favor of the defendants-appellees upon the complaint of the plaintiffs-appellants brought pursuant to R.C. 5303.03 1 seeking an order to remove an existing sewer line running…”
State ex rel. McGraw v. Gorman, 478 N.E.2d 770 (Ohio 1985). “or sections 5303.03 to 5303.07 of the Revised Code.”
Horn v. Childers, 187 N.E.2d 402 (Ohio Ct. App. 1959). · cites it 4× “Section 5303.03 of the Revised Code sets ont as follows the allegations necessary to state a canse of action in ejectment: “In an action for the recovery of real property, it is sufficient if the plaintiff states in his petition that he has a legal estate therein and is entitled…”
Nw. Ohio Props., Ltd. v. Lucas Cty., 2018 Ohio 4239 (Ohio Ct. App. 2018). “R.C. 5303.03, which codifies the common law action in ejectment, states in pertinent part: In an action for the recovery of real property, it is sufficient if the plaintiff states in his petition that he has a legal estate therein and is entitled to the possession thereof * * *…”
Cincinnati Cent. Credit Union v. Benson, 721 N.E.2d 410 (Ohio Ct. App. 1998). · cites it 2× “10 CCCU stated in its complaint that it has a viable claim of a legal interest in the Fernbank property, and our review of the pleadings in this case compels the conclusion that CCCU in fact might be able to prove facts entitling it to relief under R.C. 5303.03. As indicated…”
Cleveland Hous. Renewal Proj., Inc. v. Wells Fargo Bank, N.A., 934 N.E.2d 372 (Ohio Ct. App. 2010). “or sections 5303.03 to 5303.07 of the Revised Code[,]” (3) “any criminal action for a violation of any local building, housing, air pollution, sanitation, health, fire, zoning, or safety code, ordinance, or regulation applicable to premises used or intended for use as a place of…”
Catley v. Boles, 2020 Ohio 240 (Ohio Ct. App. 2020). · cites it 7× “Boles further argued that because of this divestment, appellants could not prove a legal interest in the subject real property to make a claim under R.C. 5303.03 (action for land), and that any interest that appellants may have in the real property is not a legal possessory…”
Kiester v. Ehler, 222 N.E.2d 782 (Ohio Ct. App. 1964). · cites it 2× “” Section 5303.03, Revised Code, which provides what a petition in an action for the recovery of real property should contain, is as follows: “In an action for the recovery of real property, it is sufficient if the plaintiff states in his petition that he has a legal estate…”
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