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OH: Life Tenant / Remainderman Decision

By Greg Russell

On February 6, 2013, the Noble County Court of Common Pleas issued an entry denying Plaintiff’s motion for summary judgment in Tammy Dickson v. Chesapeake AEC Acquisition, Case No. 212-0051. Judge Nau addressed the legal effect of an oil and gas lease entered into with a life tenant only (i.e., without the consent or ratification of the remainderman).  Following the majority rule in other jurisdictions, the Court found that an oil and gas lease executed by just a life tenant, and not the remainderman, is not void, but rather grants the lessee the same rights in the property owned by the life tenant.  In other words, the lease simply acts to obtain the rights from half of the necessary parties.

For those facing this issue, read the whole thing.  Not bad at all.

Tags: Energy

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