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Ohio Supreme Court Clarifies Details Required for Specific Reference Under the Marketable Title Act

On December 13, 2018, the Ohio Supreme Court in Blackstone v. Moore, 2018-Ohio-4959, affirmed the Seventh District Court of Appeals decision preserving a severed royalty interest from extinguishment under the Marketable Title Act (the “MTA”) because of a specific reference in the surface owners’ chain of title. The MTA allows an owner to rely on a record chain of title to establish ownership and operates to extinguish interests and claims existing prior to the root of title unless an exception applies. The root of title is the most recent instrument of record at least 40 years prior to the time marketability is being determined.  In addition to actively preserving their interest from extinguishment through their own actions, an interest may be preserved, even with no action by its owner, if specifically identified in the record chain of title of the individual attempting to extinguish the interest.

The Blackstones (surface owners) claimed that the royalty interest created in 1915 owned by the Moores had been extinguished by operation of law under the MTA. However, the Blackstones’ 1969 root of title referenced the outstanding oil and gas royalty interest by its owner’s name but failed to include a volume/page reference to the instrument that created the interest. The court rejected the Blackstones argument for a bright-line rule requiring the volume and page number, as the legislature did not require this specificity in the statute. Accordingly, the court determined that the Blackstones’ 1969 root of title specifically referenced the Moores’ interest, thereby preserving the Moores’ interest from extinguishment.

Justice DeGenaro, who is leaving the court at the end of 2018, wrote a concurring opinion emphasizing the narrow scope of the holding. She opined that the MTA no longer applies to severed mineral interests following the 1989 enactment of the Dormant Mineral Act (the “DMA”). While the issue of whether the MTA applies to severed mineral interests was not before the court in Blackstone, this issue is currently before the Seventh District Court of Appeals in a separate, unrelated case. The Seventh District had previously applied both the DMA and MTA to the Moores’ severed royalty interest when Blackstone was on appeal before them.