Energy & Natural Resources Alert: The Supreme Court of Ohio Defines of the Nature of Deed References Sufficient to Preserve an Interest under Ohio’s Marketable Title Act … and Hints that the Dormant Mineral Act May Trump the Marketable Title Act

Today, the Supreme Court of Ohio issued a decision in the case Blackstone v. Moore, Slip Opinion No. 2018-Ohio-4959, concerning Ohio’s Marketable Title Act (O.R.C. §§ 5301.47 – 5301.55) (“MTA”) that – while explicitly narrow in its scope – served to resolve previous questions and ambiguities regarding the termination of oil and gas interests under the MTA.  Specifically, the Court described what type of deed references are sufficient to preserve interests from termination under the MTA.  However, almost as importantly, the Court hinted that following the enactment of the more specific Dormant Mineral Act (“DMA”) (enacted March 22, 1989), the … Read More

Energy & Natural Resources Alert: The Ohio Seventh District Court of Appeals Becomes the First Ohio Court to Formally Adopt the Duhig Rule

In the final weeks of 2017, the Ohio Seventh District Court of Appeals in Talbot v. Ward, 7th Dist. Monroe No. 15-MO-0001, 2017-Ohio-9213 (December 18, 2017), became the first court in the State of Ohio to adopt the Duhig rule, which derives from a 1940 Texas Supreme Court case and applies to the interpretation of repeated oil and gas reservation clauses in warranty deeds.  In doing so, Ohio joined a select group of states, including Texas, Alabama, Arkansas, Colorado, Louisiana, Mississippi, North Dakota, Oklahoma, and Wyoming. There were a myriad of issues addressed by the Court of Appeals in Talbot.  … Read More

Energy & Natural Resources Alert: New Ohio Title Curative Law Enacted

The Ohio General Assembly and Governor John Kasich recently enacted Senate Bill No. 257, which is intended, among other things, to revise and modernize Ohio laws governing title to real property, specifically O.R.C. § 5301.07.  The new law, effective on April 6, 2017, creates a rebuttable presumption that a recorded real property instrument is valid, enforceable and effective, and reduces from twenty-one years to four years, the time period for curing certain defects in instruments such as deeds, mortgages and oil and gas leases.  Changes to Ohio Title Law The new law makes several changes to O.R.C. § 5301.07, but … Read More