Title Question

We recently conducted a title search on our property.   we own 6.8 acres and signed a lease a few years ago.  we were advised that there is a deed from the 1920s that had mineral reservations.  since this deed is from the 1920s, would the minerals be considered abandoned?  I recall when we initially signed, they said that their title searches only go back a certain time frame (approx.. 10 yrs).  So my question is when they do start producing from my area, are my royalties going to be held up until they figure out who actually owns the minerals.  additionally, will we be forced to forfeit the initial payment we received.

Thanks.

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Replies to This Discussion

Permalink Reply by deutchen on October 9, 2014 at 4:11pm
This has to do with the Ohio dormant minerals act. There are a number of cases before the Ohio supreme court that will ultimately settle who owns what, the surface owner or the mineral rights owner. As of now there are mult multi millions at stake with this question that has yet to be resolved.
Permalink Reply by Drb Bummy on October 9, 2014 at 11:25pm

So basically we just have to wait to see what will happen, is that correct?

Permalink Reply by evan on October 10, 2014 at 12:39am

No don't sit back. Go see an attorney who is familiar with the Dormant Mineral Act.  You can file the proper paperwork possibly and retain those rights. There's alot of things that has to happen and it will cost you a few thousand dollars but you probably have a good chance.  The courts usually rule in your factor.

Permalink Reply by Finnbear on October 10, 2014 at 1:07am

Absolutely do NOT sit back. Go immediately discuss your exact situation with one of the firms who is doing the Dormant Minerals litigation here in Ohio. You will have to use the Ohio Dormant Minerals Act (DMA) and ORC 5301.56 to have the reservation declared abandoned. You'll need an attorney who is intimately familiar and up-to-date on the issues surrounding the DMA to guide you through this process. Make sure you've been to the recorder's office and have pulled copies of all the deeds and related documents pertaining to your property back through the deed where you found the reservation and including the previous deed to that. The law firm/attorney will charge you to have this done and you can generally do this legwork yourself and save some money if you should choose to do so. BTDT.

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