News & Analysis as of

Marketable Title

Roetzel & Andress

One Less Way for Ohio Landowners to Challenge Royalty Severances

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On February 15, 2022, the Ohio Supreme Court issued a significant decision in Peppertree Farms, L.L.C. v. Thonen establishing that, unless expressly stated otherwise, an oil and gas royalty interest retained in a deed...more

K&L Gates LLP

Navigating Ohio's Wild West: Exceptions to the Marketable Title Act

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Last year in West v. Bode, the Ohio Supreme Court determined that mineral estates are subject to the statutory double barrel of both the Marketable Title Act (MTA) and the Dormant Mineral Act (DMA), providing surface owners...more

Steptoe & Johnson PLLC

Ohio Supreme Court Provides Some Clarity on the Specificity Required to Reserve Interests Under the Marketable Title Act

Steptoe & Johnson PLLC on

On March 16, 2021, the Supreme Court of Ohio issued its opinion in Erickson et al. v. Morrison et al., Slip Opinion No. 2021-Ohio-746, clarifying the decision in Blackstone v. Moore, 2018-Ohio-4959, and holding that a...more

Steptoe & Johnson PLLC

Ohio Supreme Court Finds No Conflict Between MTA and DMA in Reuniting Mineral Interests

Steptoe & Johnson PLLC on

On December 2, 2020, the Supreme Court of Ohio issued its opinion in West v. Bode, 2020-Ohio-5473, and determined that either the Marketable Title Act (“MTA”) or the Dormant Mineral Act (“DMA”) may be used to reunite a...more

Roetzel & Andress

Ohio Supreme Court Rules That The Marketable Title Act Is Applicable To Severed Mineral Interests

Roetzel & Andress on

In a closely-watched case that carried potentially drastic consequences, on December 2, 2020, the Supreme Court of Ohio issued its decision in West v. Bode, 2020-Ohio-5473. In a close 4-3 decision, the Court held that there...more

McGlinchey Stafford

Am I subject to the Consumer Sales Practices Act?

McGlinchey Stafford on

The Marketable Title Act - Garden Botanical Garden v. Drewien, 8th Dist. Cuyahoga No. 108536, 2020-Ohio-1278 - In this case, the Eighth Appellate District affirmed in part and reversed in part the trial court’s...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending March 29, 2019

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Real Property Update - Foreclosure / Attorneys' Fees: borrower not entitled to attorneys' fees for prevailing on lender's claim for reformation of mortgage, where lender prevailed on claim of foreclosure without...more

Knobbe Martens

Patent Basics for the Aerospace Industry

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Associate Tom Cowan presented "Patent Basics for the Aerospace Industry," at the Space Foundation Space Commerce Workshop at the Aerospace Corporation in El Segundo, California. As the keynote speaker for the event, Tom...more

Bricker Graydon LLP

Ohio Supreme Court: Oil and gas royalty reservation preserved under the Ohio Marketable Title Act

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On December 13, 2018, in Blackstone v. Moore, 2018-Ohio-4959, the Ohio Supreme Court ruled that a reference that includes the type of interest created and to whom the interest was granted is sufficiently specific to preserve...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending April 6 & 13, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more

Jaburg Wilk

Application of Discounts in Valuation of Interests in Privately Held Entities

Jaburg Wilk on

When representing high net worth individuals in divorce proceedings, frequently one of the assets is an ownership interest in a privately held business or professional practice. Establishing a value for the business can be...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending January 15, 2016 (and bonus opinion from January 20)

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REAL PROPERTY UPDATE - Amendment to Foreclosure Rules and Forms: Florida Supreme Court amended Florida Rule of Civil Procedure 1.115 and Forms 1.944 and 1.996 to conform with § 702.015, Fla. Stat. (2015) and “expedite...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending February 20, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Sinkhole/Appraisal: reversing non-final order compelling appraisal of sinkhole claim because one is not appropriate under section 631.54(3)(c), Florida Statutes – Fla. Ins. Guar. Ass’n, Inc. v....more

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