In Ohio, the Marketable Title Act and the Dormant Mineral Act were designed to “simplify” title transactions, but anyone familiar with how these laws have been applied to oil and gas interests knows that the reality has been anything but simple. On December 13, 2018, the Supreme Court of Ohio issued a new ruling about the Ohio Marketable Title Act and whether an oil and gas royalty interest had been extinguished by it; the Court determined that it had not and explained how references in the chain of title protected the royalty interest from extinguishment.
With this new development, now is the time to review the latest cases applying the Marketable Title Act and the Dormant Mineral Act to oil and gas titles in Ohio.