Kocher v. Ascent Resources-Utica, L.L.C.

2023-Ohio-3592 (Ohio Ct. App. 2023) · Court of Appeals of Ohio, Seventh Appellate District · September 28, 2023 · No. 22 JE 0012, 22 JE 0014

Summary

The Ohio Seventh District Court of Appeals reviewed consolidated appeals concerning ownership of oil and gas rights underlying property in Jefferson County. The court held that the 1957 administrator’s deed, which conveyed only an undivided one-tenth interest, could not serve as the root of title for extinguishing 100% of the mineral interests under Ohio’s Marketable Title Act. The court reversed in part, affirmed in part, and remanded for further proceedings, including issues relating to the Dormant Mineral Act.

Holdings

  1. The Rembish deed did not satisfy the substantive root-of-title requirement for 100% of the mineral interests because it conveyed only an undivided one-tenth interest and therefore did not purport to create the entire interest claimed by the surface owners.
  2. A cotenant’s right to occupy and possess the whole property is not synonymous with the right to convey the interests of the other cotenants.
  3. The 2000 deeds did not create new reservations of mineral rights in favor of Bedway; the phrase 'previously conveyed' acknowledged or repeated prior conveyances rather than reserving a new interest.
  4. The appellate court declined to decide the Dormant Mineral Act, quiet-title, and damages issues because the trial court had not addressed the merits of the DMA claims. Those issues were remanded for the trial court’s initial determination.

Questions Presented

  1. Whether the 1957 Rembish administrator’s deed qualified as a substantive root of title for 100% of the disputed oil and gas mineral interests under the Marketable Title Act.
  2. Whether the right of a cotenant to possess and enjoy the whole property permitted that cotenant to convey the entire property or mineral estate.
  3. Whether the language in the 2000 deeds stating that mineral rights were 'previously conveyed' created new reservations of mineral rights in favor of Bedway.
  4. Whether the appellate court should decide the parties’ Dormant Mineral Act, quiet-title, and damages claims in the first instance.

Disposition

reversed_and_remanded

Cases Cited (24)

  • McGiffin v. Skurich, 2021-Ohio-2741, 176 N.E.3d 833, ¶ 20 (7th Dist.)(followed)
  • Long Beach Assn., Inc. v. Jones, 82 Ohio St.3d 574, 576, 697 N.E.2d 208 (1998)(followed)
  • LRC Realty, Inc. v. B.E.B. Properties, 160 Ohio St.3d 218, 2020-Ohio-3196, 155 N.E.3d 852, ¶ 17(followed)
  • Cole v. Am. Industries & Resources Corp., 128 Ohio App.3d 546, 552, 715 N.E.2d 1179 (7th Dist. 1998)(followed)
  • State v. Licsak, 41 Ohio App.2d 165, 324 N.E.2d 589 (1974)(followed)
  • Mitseff v. Wheeler, 38 Ohio St.3d 112, 526 N.E.2d 798, syllabus (1988)(followed)
  • Wing v. Anchor Media, Ltd. of Texas, 59 Ohio St.3d 108, 570 N.E.2d 1095 (1991)(followed)
  • Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548 (1986)(followed)
  • Corban v. Chesapeake Exploration, L.L.C., 149 Ohio St.3d 512, 2016-Ohio-5796, 76 N.E.3d 1089, ¶ 18(followed)
  • West v. Bode, 2019-Ohio-4092, 145 N.E.3d 1190, ¶ 23 (7th Dist.), aff’d, 162 Ohio St.3d 293, 2020-Ohio-5473, 165 N.E.3d 298(followed)

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