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West Virginia Supreme Court Affirms Approach in Oil and Gas Title Memorandum Decision
April 28, 2020
Posted By: Anthony S. DaDamo

The Supreme Court of Appeals of West Virginia recently issued a memorandum opinion interpreting a reservation of oil and gas “royalty.” The result of the Court’s holding is consistent with long standing West Virginia case law regarding oil and gas sev(…)

Ohio Supreme Court to Tackle Whether Marketable Title Act Applies to Severed Oil and Gas Interests
January 22, 2020
Posted By: Chris Capcara

The Ohio Supreme Court accepted the appeal of the owners of a severed royalty interest in West v. Bode, Case No. No. 18 MO 0017, 2019-Ohio-4092. The sole issue before the Court is whether the Ohio Dormant Mineral Act supersedes and controls over the O(…)

Ohio Supreme Court to Address Whether the Dormant Mineral Act Requires Internet Search
November 20, 2019
Posted By: Chris Capcara

The Ohio Supreme Court accepted mineral owner Timothy Gerrity’s appeal in Gerrity v. Chervenak, a Dormant Mineral Act (“DMA”) case from Ohio’s Fifth District Court of Appeals. The Fifth District upheld the summary judgment granted by the Guernsey Coun(…)

Ohio’s Marketable Title Act Quickly Becoming Preferred Method for Surface Owners Seeking Ownership of Severed Mineral Interests
October 29, 2019
Posted By: Chris Capcara

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
October 10, 2019
Posted By: Chris Capcara

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
June 7, 2019
Posted By: Chris Capcara

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
February 19, 2019
Posted By: Chris Capcara

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—(…)

Newly Amended Ohio Law Exempts Landmen From Real Estate Broker’s License Requirement
December 21, 2018
Posted By: Chris Capcara

On Wednesday, December 19, 2018, Governor Kasich signed SB 263 into law, which amends O.R.C. §4735 to specifically exclude oil and gas land professionals (landmen) from having to be a licensed real estate broker to negotiate oil and gas leases in Ohio(…)

Ohio’s Seventh District Court of Appeals Rules on Dormant Mineral Act’s Requirement of Reasonable Due Diligence Prior To Notice by Publication
November 30, 2018
Posted By: Chris Capcara

On November 26, 2018, Ohio’s Seventh District Court of Appeals in Sharp v. Miller, 7th Dist. Jefferson No. 17 JE 0022, 2018-Ohio-4740, affirmed the abandonment of oil and gas interests pursuant to the Dormant Mineral Act (O.R.C. §5301.56) (the “DMA”).(…)

Pennsylvania Supreme Court Affirms Title Washing
July 22, 2016
Posted By: Nicholas J. Habursky

On July 19, in Herder Spring Hunting Club v. Keller (Case No. 5 MAP 2015), the Pennsylvania Supreme Court ruled in a 5-0 decision to confirm the practice of “title washing” of unseated or unimproved land in Pennsylvania. Prior to January 1, 1948, “tit(…)

District Court Upholds Primacy of Lease’s Change of Ownership Clause
May 26, 2016
Posted By: Joshua F. Hall

On May 20, 2016, the Middle District of Pennsylvania granted summary judgment in favor of Babst Calland’s client in Montrose Hillbillies II, LLP v. WPX Energy Keystone, LLP and Stern Marcellus Holdings, LLC , a case involving the extension of the prim(…)

Pennsylvania Superior Court Issues "Title Wash" Opinion
May 12, 2014
Posted By: Joshua F. Hall

On May 9, 2014, in the case of Herder Spring Hunting Club v. Keller, the Superior Court of Pennsylvania issued an opinion addressing the termination of outstanding oil and gas interests through a tax sale in Pennsylvania.  The property at issue was su(…)

Meeting Set to Discuss Issues with Land Records Searches Overwhelming Tyler County, WV Courthouse
July 18, 2013
Posted By: Scott McKernan

The Republic reports that a public meeting has been scheduled for July 18 at 6:00 p.m. at the Tyler County courthouse to discuss issues with land records searches in the county.  Currently, only 16 people at one time are able to enter the records vaul(…)