Steptoe & Johnson Webcast - “The (Still) Complex World of Simplifying Title in Ohio”


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February 27, 2020
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A year ago, we updated you on the latest Ohio cases applying the Marketable Title Act and the Dormant Mineral Act. Over the past 12 months, the Ohio appeals courts have decided, in a series of cases, that the Marketable Title Act can be used to extinguish oil and gas interests that are otherwise safe from the effects of the Dormant Mineral Act. And, now, the Ohio Supreme Court has agreed to review the first of these decisions. As the oil and gas industry prepares for this next twist in the tale of title simplification, we will take a look at these recent decisions and preview the issues now ready for the Supreme Court’s review.

We will discuss:               

  • Whether the Marketable Title Act and the Dormant Mineral Act both apply to oil and gas interests?
  • If possession is nine/tenths of the law, does it also protect oil and gas interests against the Marketable Title Act?
  • When is marketability determined for purposes of the Marketable Title Act?