Babst Calland: Another Ohio Trial Court Issues Dormant Mineral Act Ruling

Babst Calland: Another Ohio Trial Court Issues Dormant Mineral Act Ruling

By Michael T. Altvater

The Belmont County Court of Common Pleas ruled that a recorded will is a title transaction for purposes of Ohio’s Dormant Mineral Act. In Albanese v. Batman the trial court held that a will recorded in the county recorder’s office qualifies as title transaction and savings event even where no certificate of transfer relating to the real estate was filed. The court cited Ohio appellate courts that have held that title to real estate passes by testate succession at the time of the property owner’s death. The certificate of transfer is not that actual conveyance document, but rather the recorded will is the vehicle that transfers the property.

Copyright 2014 • Babst, Calland, Clements and Zomnir, P.C. • Two Gateway Center, Pittsburgh, PA 15222 • 412-394-5400 • Administrative Watch is privately distributed by Babst, Calland, Clements and Zomnir, P.C., for the general information of its clients, friends and readers. It is not designed to be, nor should it be considered or used as, the sole source of analyzing and resolving legal problems. If you have, or think you may have, a legal problem or issue relating to any of the matters discussed in the Administrative Watch, consult legal counsel.

For more information about LexisNexis products and solutions, connect with us through our corporate site.