Looking for some insight from anyone familiar with Ohio mineral title issues, particularly Monroe County and DMA/MTA matters.
My family owns mineral rights in Malaga Township, Monroe County. The tract is approximately 28.6 acres, with about 11.684 acres apparently affected by a title issue involving the Brownfield heirs. From what I’ve been told, the concern is that 2/3 of the Brownfield interest may not have been preserved or properly transferred, creating uncertainty as to ownership of that portion.
The history of the property is what makes this confusing:
-
Original lease signed in 2011.
-
Lease was extended in 2016.
-
A well was drilled but ultimately plugged.
-
My father received lease bonus payments on the entire acreage.
-
Royalties associated with the disputed acreage were reportedly withheld/suspended.
-
Antero ultimately released the lease in 2026.
-
Ascent later attempted to lease the acreage but backed away after title review.
-
I am now being contacted by another company interested in leasing the property.
The acreage is located in an area where most surrounding acreage has already been developed, which is why companies continue to show interest despite the title concerns.
My questions are:
-
Has anyone dealt with a similar Brownfield heir/DMA issue in Monroe County?
-
Would a title issue affecting only 11.684 acres typically prevent leasing of the entire tract?
-
Is it common for operators to lease the acreage but suspend royalties attributable to the disputed interest?
-
If the issue truly affects only a portion of the acreage, are operators sometimes willing to lease around the disputed interest?
-
Has anyone successfully cured a similar title issue, and if so, what was required?
I am not looking for legal advice, just trying to understand how operators and title attorneys generally view situations like this.
Thanks in advance for any insight.