In a recent decision, Miller v. Cloud (July 22, 2016), Ohio’s Seventh District Court of Appeals concluded that an estate intended to transfer its interest in the minerals to a property through an auction sale, notwithstanding language in an executor’s deed that contained the words “SURFACE ONLY.” The court further found that the deed could be reformed to conform with the intentions of the parties, and that a statute of limitations did not bar the suit. However, the court found that the seller—who had previously obtained a sizable oil and gas lease bonus on the belief that she was the rightful owner of the minerals—was not required to disgorge that bonus as there was no showing that the seller committed any wrongdoing and disgorgement would be inequitable.

You can read the decision here.