Ohio’s Marketable Title Act Quickly Becoming Preferred Method for Surface Owners Seeking Ownership of Severed Mineral Interests

Since the Ohio Supreme Court’s decision in Corban v. Chesapeake Exploration, L.L.C., et al, 149 Ohio St.3d 512, 2016-Ohio-5796, many have questioned the interplay and availability of the Ohio Marketable Title Act (“MTA”) and the Ohio Dormant Mineral A(…)

Ohio’s Seventh District Court of Appeals Clarifies Past Holdings, Confirms Marketable Title Act Available to Surface Owners Seeking to Extinguish Severed Mineral Interests

Ohio’s Seventh District Court of Appeals recently ruled that Ohio’s Marketable Title Act (the “MTA”) does not conflict with the Dormant Mineral Act (“DMA”), and that both statutes can be utilized by a surface owner to claim ownership of severed minera(…)

Sixth District Court of Appeals Analyzes Date Marketability Determined under Ohio Marketable Title Act

Ohio’s Sixth District Court of Appeals recently ruled that Ohio’s Marketable Title Act (the “MTA”) extinguished restrictive covenants on a parcel located in a residential subdivision due to a gap in excess of 40 years without being identified in the p(…)

Ohio’s Seventh District Court of Appeals Rules on Marketable Title Act and Dormant Mineral Act Claims

Ohio’s Seventh District Court of Appeals recently issued three separate opinions involving Ohio’s Marketable Title Act (the “MTA”) and Dormant Mineral Act (the “DMA”): Miller v. Mellott, 2019-Ohio-504 (Ct. App.); Soucik v. Gulfport Energy Corp., 2019—(…)

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 o(…)