Peppertree Farms, LLC et al. v. Joy Ann Thonen et al. Case No. 2020-0814
Fifth District Court of Appeals (Monroe County)
- Does an instrument created prior to 1925 that severs oil and gas rights from surface property and uses the words "excepts and reserves" or "reserved and is not made part of the transfer" retain an existing interest in the minerals or create a new interest?
- Does an oil and gas severance instrument that "reserves" oil and gas rights actually "except" the rights, meaning the rights were passed to the heirs of the rights holder without any additional words of the inheritance in the document?
- Is a transfer by will of mineral rights that affects the title of surface property a "title transaction" under the Ohio Marketable Title Act?