What conditions allow a surface owner in Ohio to regain severed mineral rights?

Prepare for the Ohio Certified Professional Lease and Title Analyst (CPLTA) Test. Use flashcards and multiple-choice questions with detailed hints and explanations. Ace your exam!

In Ohio, the conditions under which a surface owner can regain severed mineral rights are established by the principle of abandonment in property law. The correct option states that both situations must be met to reclaim these rights.

The first condition is a period of 20 years without actual production of minerals. This means that if the mineral rights holder has not produced any minerals or has not engaged in any form of extraction activity for two decades, these rights may be considered abandoned.

The second condition involves proper notice and a lack of title transactions over a similar 20-year period. This ensures that the surface owner has attempted to notify the mineral rights holder and that the mineral rights have not been transferred or otherwise acted upon within that timeframe.

Together, these conditions provide a legal basis for the surface owner to claim the mineral rights, reinforcing the idea that inactivity and a lack of proper legal actions over an extended period can lead to a reversion of rights. Thus, both conditions, as outlined in the correct answer, need to be satisfied for the surface owner to regain the severed mineral rights. It highlights the importance of understanding property rights dynamics, as they can significantly impact ownership and land use in Ohio.

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