Ohio Exceptions to the Marketable Title Act
Wednesday, April 14, 2021 West v. Bode, 1 the Ohio Supreme Court determined that mineral estates are subject to the statutory double barrel of both the Marketable Title Act (MTA) 2 and the Dormant Mineral Act (DMA), 3 providing surface owners two simultaneous procedures for terminating long-held mineral estates and reunifying the property. In doing so, the court shot down mineral owners’ arguments that the MTA was superseded by the later-enacted DMA. In light of West, Ohio courts continue to analyze the specific operations of the MTA, with mixed results for mineral owners. 4 ...
Source: natlawreview.com