Ohio's Seventh District Court of Appeals was recently asked to analyze whether a fee oil and gas reservation can be extinguished under Ohio's Marketable Title Act (the "MTA"). In Miller v. Mellott, 2019-Ohio-504, two different groups claimed ownership over the oil and gas. The surface owners claimed title under the MTA. The mineral owners claimed title through a reservation included in a 1947 deed. The trial court granted summary judgment in favor of the mineral owners. It held Ohio's Dormant Mineral Act, "not the MTA, is the remedy available to a surface owner attempting to quiet title to a severed mineral interest." On appeal, the appellate court found that the trial court "erred in refusing to apply the MTA." Thus, it signaled that the MTA can be used to extinguish fee oil and gas reservations. However, the appellate court concluded that this error did not require reversal. After reviewing the chain of title, the appellate court found that the surface owners did not have a "root of title." Thus, they could not extinguish the severed oil and gas interest under the MTA.