Blackstone v. Moore (Slip Opinion)

2018 Ohio 4959, 122 N.E.3d 132, 155 Ohio St. 3d 448
CourtOhio Supreme Court
DecidedDecember 13, 2018
Docket2017-1639
StatusPublished
Cited by27 cases

This text of 2018 Ohio 4959 (Blackstone v. Moore (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blackstone v. Moore (Slip Opinion), 2018 Ohio 4959, 122 N.E.3d 132, 155 Ohio St. 3d 448 (Ohio 2018).

Opinions

DeWine, J.

*449{¶ 1} Ohio's Marketable Title Act generally allows a landowner who has an unbroken chain of title to land for a 40-year period to transfer title free of any interests that existed prior to the beginning of the chain of title. Under the act, however, an earlier-created interest is preserved if sufficient reference is made to the interest within that chain of title. The question we must answer is what type of reference is sufficient to preserve that interest.

{¶ 2} The landowners here seek to extinguish an oil-and-gas royalty interest created in 1915. A deed in their chain of title references the royalty interest as well as the original holder of the interest. The landowners argue that this reference is not sufficient to preserve the interest because it does not include either the volume and page number of the record in which the interest is recorded or the date on which the interest was recorded. We conclude that the plain language of the act does not require such specificity. We therefore affirm the court of appeals' decision that the landowners' title remains subject to the royalty interest.

*134I. BACKGROUND

{¶ 3} In 1915, Nick and Flora Kuhn conveyed a 60-acre tract of property to W.D. Brown and his wife. The Kuhns reserved a royalty interest in the property by including the following language in the deed (the "Kuhn deed"): "Except Nick Kuhn and Flora Kuhn, their heirs and assigns reserve one half interest in oil and gas royalty in the above described Sixty (60) acres." Each succeeding conveyance of the property included language excepting the Kuhn royalty interest. Alfred Carpenter conveyed the property to David Blackstone in 1969, and as with the past conveyances, the deed included language about the royalty-interest reservation: "Excepting the one-half interest in oil and gas royalty previously excepted by Nick Kuhn, their [sic] heirs and assigns in the above described sixty acres." Nine or ten years later, Blackstone attempted to purchase the royalty interest from the Kuhn heirs, but negotiations failed. In 2001, Blackstone conveyed the property to himself and his wife Nicolyn Blackstone, again including the language excepting the royalty interest.

{¶ 4} In 2012, the Blackstones filed a complaint against the Kuhn heirs, seeking to quiet title and a declaration that the oil-and-gas royalty interest reserved in the Kuhn deed had been abandoned under the former and current *450versions of the Dormant Mineral Act, R.C. 5301.56. Later, the Blackstones amended the complaint to seek a declaration that the rights also had been extinguished under the Marketable Title Act, R.C. 5301.47 et seq.

{¶ 5} The trial court granted summary judgment in favor of the Blackstones with regard to the claims relying on the former version of the Dormant Mineral Act and the Marketable Title Act, concluding that the Kuhns' royalty interest was extinguished under both acts. The Kuhn heirs appealed to the Seventh District Court of Appeals, which reversed the judgment of the trial court as to both claims.1 2017-Ohio-5704, 94 N.E.3d 108. Regarding the Marketable Title Act, the court concluded that the royalty interest had been preserved by the reservation language in the 1969 deed. Id. at ¶ 39.

{¶ 6} The Blackstones appealed, and we accepted jurisdiction over two propositions of law:

I. The specific identification contemplated in R.C. 5301.49(A) requires sufficient reference that a title examiner may locate the prior conveyance by going directly to the identified conveyance record in the recorder's office without checking conveyance indexes.
II. The exception to a person's marketable record title under R.C. 5301.49(A) does not include interests and defects, created by a recorded title transaction prior to the root of title, of which the person has actual knowledge, if the reference to such recorded title transaction is general rather than specific.

(Underlining sic.) See 152 Ohio St.3d 1406, 2018-Ohio-723, 92 N.E.3d 878.

II. ANALYSIS

A. The Marketable Title Act

{¶ 7} The Marketable Title Act was enacted to "simplify[ ] and facilitat[e] land *135title transactions by allowing persons to rely on a record chain of title." R.C. 5301.55. Thus, the act provides that a person "who has an unbroken chain of title of record to any interest in land for forty years or more, has a marketable record title to such interest." R.C. 5301.48. The marketable record title "operates to extinguish such interests and claims, existing prior to the effective date of the root of title." R.C. 5301.47(A). (A "root of title" is "that conveyance or other title *451

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Bluebook (online)
2018 Ohio 4959, 122 N.E.3d 132, 155 Ohio St. 3d 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackstone-v-moore-slip-opinion-ohio-2018.