On July 26, 2022, in Senterra, Ltd. v. Winland, Slip Opinion No. 2022-Ohio-2521, the Supreme Court of Ohio held that the Duhig rule did not apply to the facts of the case and that the Ohio Marketable Title Act (the “OMTA”) operated to preserve the severed oil and gas interest at issue. In its decision, the Court clarified that the Duhig rule only applies if the grantor owns the exact interest needed to remedy the breach of warranty at the time of the conveyance. However, you should know that Senterra was a 4-3 decision, and the dissent would have applied the OMTA, and construed certain deeds, very differently.
You can read the decision here.