ohio dormant mineral act/is my lease considered void

are there other people out there who signed a lease with chesapeake who received a letter about ohio dormant mineral act. 

 i have 2 parcels of land in cadiz ohio, harrison co.  one parcel is 64 acres and is held up by the ohio dormant mineral act.  ive finally found an attorney to help me, thats a another story!  the other parcel is 1.21 acres and chesapeake sent me a check for that one,  but it was dated sept 20 2011, and the lease ended sept 8 2011.  i havnt cashed the check and i am in the process of returning it to chesapeake. 

the bottom line is i havnt talked with many other landowners about this and frankly i dont know what im doing.  im stressed out to say the least. 

 if anyone out there has experienced what im going through, please let me know what you are doing.

 thank you

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Permalink Reply by Matt on October 14, 2011 at 6:22am
in my lease finnbear it states in the addendums :

Special Warranty Title.

It is understood that Lessor warrants title to the interests subject to the Lease only insofar as warranting that the title thereto is good and marketable to the best of Lessor’s knowledge and Lessee agrees that no claim will be made against Lessor pertaining to warranty of title.

 

but it also says:

 AFFIDAVIT OF NON-PRODUCTION.  Lessors hereby warrant that (i) the property is not encumbered by any enforceable oil and gas lease of record or otherwise and that (ii) they are not currently receiving any bonus, rental, production royalty, or shut-in royalty as the result of any prior oil and gas lease covering any or all of the subject property and that there have been no wells drilled upon the subject property or upon any lands with which the property has been combined in a drillinng unit

Permalink Reply by Finnbear on October 14, 2011 at 11:08am

Matt,

Has there been an issue with you getting paid? Did the oil and gas company's title work reveal a severed mineral interest or an old lease?

Permalink Reply by Matt on October 14, 2011 at 5:33pm
we had 2 wells 2 farms miles apart. one farm well was abandoned. the other well from 1984 to 2007 was non producing. now the company is claiming production even though the meter at the well is flat lined. its equity oil and gas. we got 60 bucks a year since 2007
Permalink Reply by Finnbear on October 16, 2011 at 8:47pm

Matt,

What was the 60 bucks a year for? How did they specify it on the accompanying paperwork?

Permalink Reply by Finnbear on January 27, 2012 at 10:03am

More reading on the subject in the attached file.

Attachments:
Permalink Reply by Dan on March 4, 2013 at 6:37am

A couple of weeks ago a verdict was handed down in precedent-setting case involving mineral rights and the Ohio Dormant Mineral Title Act.  In Wendt v Dickerson, Nathan Vaughan of KWGD successfully argued that the Wendts own their minerals, since the ODMTA of 1989 applies in their case.  If anyone is or knows someone who is involved in a title dispute over minerals, or you want to learn more about the two different Acts in Ohio and which one applies in which cases, then click here to go to a thread in General Shale Discussions that has more information.

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