Supreme Court of Ohio Clarifies Ohio Marketable Title Act

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On December 13, 2018, the Supreme Court of Ohio clarified the preservation of interests under the Ohio Marketable Title Act (OMTA). See Blackstone v. Moore, Slip Opinion No. 2018-Ohio-4959. In its decision, the Court held that under the OMTA, a deed reference to a previously reserved royalty interest is sufficiently-specific to preserve that royalty interest where the reference identifies the type of interest created and the person to whom the interest was granted.

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Depending which side of this argument you are on, the more troubling thing was the justice who wrote an opinion after the ruling that basically said she did not think the OMTA should apply to oil and gas rights.  She said that the Ohio Dormant Mineral Act (ODMA) should be use in these cases and not the OMTA.  She encouraged someone to bring that issue to the Supreme Court which was not the appeal issue in the Blackstone case.

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