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Drilling Title Opinions on Dormant, Stale, and Double-Fraction Mineral Interests: Requirements Through Quiet Title

A thin notice record or a misread double fraction can stall a horizontal unit before drilling begins. Grade Ohio DMA and MTA records against Fonzi, word requirements an operator can satisfy before spud, and build a quiet-title record that survives appeal.

2026-11-24 14:30:00

Program Details

2026-11-24 14:30:00

Program Details

2026-11-24 14:30:00

Over 1,000+ webinars

2026-11-24 14:30:00

Course Overview

The Quiet-Title Case Is Won or Lost in the Drilling Opinion

2026-11-24 14:30:00

Four Ohio decisions now shape every call on an old severed interest. Examiners grade notice, publication, and savings-event records against Fonzi (2022-Ohio-901). Double-fraction deeds are read through Mineral Development Inc. v. SWN Production Co. (2023-Ohio-4749). And Cardinal Minerals, LLC v. Miller (2024-Ohio-2133) and 1803 Resources, LLC v. Lineback (2025-Ohio-3271) raise standing issues for anyone claiming through an abandoned mineral interest.

Credit a thin DMA notice record, and the abandonment is exposed. Skip the rolling root-of-title search, and the MTA route fails. Misread a double fraction, and the error rides into division orders, suspense, and pooling. Ignore standing, and the quiet-title suit is vulnerable before it is filed. Overlook the statute of limitations, and the driller’s protection against trespass damages goes with it.

You walk out with two decision trees: credit/require/advise for the drilling opinion, and stipulation/ratification/quiet title for curative. You also get an annotated checklist for the abandonment and quiet-title record. Each tool captures the judgment layer rarely written down: how experienced examiners in Appalachia weigh curative risk, and what a quiet-title litigator needs the opinion to say before filing.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Grading Thin Notice Records
How to grade an Ohio DMA notice, publication, and savings-event record against Fonzi before you credit an abandonment, write a requirement, or issue an advisory.
02
Running the MTA Route
How the rolling root-of-title search on Ohio tracts decides whether a marketable-title extinguishment is credited or carried as a requirement.
03
Reading Double-Fraction Deeds
How to make the Ohio double-fraction call under Mineral Development Inc. v. SWN Production Co. (2023-Ohio-4749) before a fixed royalty fraction goes into the opinion.
04
Testing Claimant Standing
How the standing issues raised by Cardinal Minerals and 1803 Resources change your analysis of anyone claiming through an abandoned mineral interest.
05
Writing Satisfiable Requirements
How to word requirements an operator can satisfy before spud and carry them into division orders, suspense, and pooling.
06
Litigating Quiet Title
How to choose among stipulation, ratification, and quiet title, protect drillers on limitations and trespass damages, and hold the case through appeal.

Program schedule

clock 2:30 pm - 3:30 pm EST

Writing Drilling Title Requirements for Abandoned Minerals and Double-Fraction Royalty Reservations

This advanced session works through a composite horizontal unit with tracts in Ohio. For each severed interest, the panel decides whether to credit a dormant-mineral abandonment, a marketable-title extinguishment, or a fixed royalty fraction, or instead to write a requirement or an advisory. Speakers will grade thin notice, publication, and savings-event records against Fonzi (2022-Ohio-901), and apply Mineral Development Inc. v. SWN Production Co. (2023-Ohio-4749) to double-fraction deeds. Speaker will also discuss the standing issues for purported successees to abandoned mineral interests raised by Cardinal Minerals, LLC v. Miller (2024-Ohio-2133) and 1803 Resources, LLC v. Lineback (2025-Ohio-3271). Attendees will leave with a credit/require/advise decision tree, and the judgment layer rarely written down: how experienced examiners in Appalachia actually weigh curative risk.

Wayne A. BoyerWayne A. Boyer
clock 3:40 pm - 4:40 pm EST

From Title Requirement to Judgment: Mineral Curative and Quiet Title That Survives Appeal

This session follows problem mineral tracts from drilling-opinion requirement to curative instrument or final judgment: an Ohio severed interest with a marginal notation of abandonment of record and a disputed root of title, or other MTA issues, and separately fraction interpretation issues. Drawing on Duhig, Gerrity, Fonzi, Cardinal Minerals, and Crozier, and other Ohio cases, the presentation will work through the process of preparing for quiet title litigation to cure title to the minerals, from both the surface owner’s and mineral owner’s perspective and then carrying that process through the litigation process, including appeals. Attendees will leave with a stipulation/ratification/quiet-title decision tree and an annotated checklist for the abandonment and quiet-title record, organized around what a quiet-title litigator needs the drilling opinion to have said before the case is filed and what to expect during the litigation.

Matthew W. OnestMatthew W. Onest
Wayne A. Boyer

Wayne A. Boyer

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A.

Matthew W. Onest

Matthew W. Onest

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A

Wayne A. Boyer

Wayne A. Boyer

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A.

Wayne A. Boyer advises energy producers and other clients on mineral and lease acquisitions and divestitures, the due diligence behind them, and the title and lease disputes that arise from Utica Shale activity in Ohio. He is a Director of Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A. (KWGD) and Secretary of Alpha Land Title Agency, Inc., the firm’s title company, where he assists with drafting title commitments and curing title defects. Before joining KWGD, he served as a project manager and in-house counsel for an oil and gas firm overseeing projects in the Appalachian Land Basin.

Education & Credentials

He earned his Juris Doctorate, magna cum laude, from the University of Akron School of Law in 2011 and his B.A. in Criminology, cum laude, from The Ohio State University in 2007. He was admitted to practice in Ohio in 2011.

Recognition & Leadership

He is listed in Best Lawyers in America® for 2026 and 2027, following recognition in Best Lawyers: Ones to Watch in America from 2022 through 2025. In addition to his role as a KWGD Director and Secretary of Alpha Land Title Agency, Inc., he sits on the Stark County Bar Association Grievance Committee.

Professional Involvement

His published articles address a Fifth District Court of Appeals decision on the “reasonable search” required in abandonment procedures under the Dormant Mineral Act, a Seventh District Court of Appeals holding that a surface owner’s attempts to locate the heirs of a mineral holder were inadequate, the persuasive force of the Duhig Rule in interpreting oil and gas reservations, and Blackstone v. Moore. He has also contributed to the firm’s Utica Shale & Pipeline newsletter (November 2020) and its Utica Shale & Pipeline Update and Review (May 2026). He is a member of the Stark County Bar Association, the Ohio State Bar Association, and the Building Industry of Stark County (BIA). He serves on the Board of Directors of the Friends of the Children’s Network and is a former board member of the Stark County YMCA.

Experience

His oil and gas practice covers transactional work tied to the Utica Shale play, due diligence for mineral and lease acquisitions, and the resolution of oil and gas contract, title, and lease disputes, including through litigation. Through Alpha Land Title Agency, he supports residential and commercial closings, drafting title commitments and curing title defects. His broader real estate practice includes negotiating and drafting deeds, leases, mortgages, and purchase agreements and reviewing zoning and land use codes, along with municipal law matters.
Matthew W. Onest

Matthew W. Onest

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A

Matthew W. Onest brings and defends lawsuits under the Ohio Dormant Mineral Act and the Ohio Marketable Title Act, together with declaratory judgment, slander of title, and adverse possession claims and disputes over the breach, interpretation, and enforcement of oil and gas leases. He chairs the oil and gas practice group at Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A. (KWGD), which he joined in 2012, and he has handled appeals before the Ohio Supreme Court and Ohio’s Fifth, Seventh, Ninth, Eleventh, and Twelfth District Courts of Appeal.

Education & Credentials

He received his Juris Doctor, magna cum laude, from the University of Akron School of Law, where he served as an assistant editor of the Akron Law Review and earned CALI awards for academic excellence in Bankruptcy, Evidence, and Health Law, the ABA-BNA Award for Excellence in the Study of Health Law, and The American Bankruptcy Law Journal Student Prize. He holds a B.A. in Sociology and Criminal Justice, cum laude, from the University of Mount Union, where he received the William H. Porter Award in Sociology and a Board of Trustees Scholarship. He is licensed in Ohio and admitted to the U.S. District Courts for the Northern and Southern Districts of Ohio.

Recognition & Leadership

The Best Lawyers in America® named him Lawyer of the Year for 2027, and he has been listed in Best Lawyers in America® from 2025 to the present, after recognition as one of its “Ones To Watch” in 2021 and 2022. Within KWGD, he leads the oil and gas practice group and is a member of the litigation and appellate practice group.

Professional Involvement

He has written on the Ohio Supreme Court’s holding that the Ohio Marketable Title Act applies to all severed mineral interests, issued a legal alert on the Peppertree MTA case, and analyzed Ohio House Bill No. 152 and the state’s oil and gas unitization process. From 2018 through 2020 he co-authored the Ohio survey on oil and gas for the Texas A&M Journal of Property Law. His presentations include “Preserving Severed Mineral Interests” for the Stark County Bar Association (2014), the “2015 Oil and Gas Caselaw Update” for the Ohio Bar Association, and “Defining Trespass and Adverse Possession and Accommodating the Rights of Mineral Owners and Surface Owners” for Half Moon Education, Inc. (2018), along with programs on easements, condemnation, and landlord-tenant law. He is a member of the Energy & Mineral Law Foundation, the National Association of Royalty Owners, and the Ohio State, Stark County, Akron, and Trumbull County Bar Associations. He serves on the board of the Spano Foundation and is a member of The Hubbard Rotary Club.

Experience

His oil and gas work includes counseling producers and drillers and litigating on their behalf in Ohio state and federal courts, and representing companies and landowners in civil litigation, arbitration, and administrative proceedings before the Public Utilities Commission and the Ohio Oil and Gas Commission. He also negotiates oil and gas leases, easements, and other energy-related agreements. Beyond energy matters, he handles complex business and tort litigation, real estate litigation, commercial arbitration, and appellate work, and he practices in several federal courts across the United States. He works from KWGD’s Canfield and Canton offices.
Wayne A. Boyer

Wayne A. Boyer

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A.

Wayne A. Boyer advises energy producers and other clients on mineral and lease acquisitions and divestitures, the due diligence behind them, and the title and lease disputes that arise from Utica Shale activity in Ohio. He is a Director of Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A. (KWGD) and Secretary of Alpha Land Title Agency, Inc., the firm’s title company, where he assists with drafting title commitments and curing title defects. Before joining KWGD, he served as a project manager and in-house counsel for an oil and gas firm overseeing projects in the Appalachian Land Basin.

Education & Credentials

He earned his Juris Doctorate, magna cum laude, from the University of Akron School of Law in 2011 and his B.A. in Criminology, cum laude, from The Ohio State University in 2007. He was admitted to practice in Ohio in 2011.

Recognition & Leadership

He is listed in Best Lawyers in America® for 2026 and 2027, following recognition in Best Lawyers: Ones to Watch in America from 2022 through 2025. In addition to his role as a KWGD Director and Secretary of Alpha Land Title Agency, Inc., he sits on the Stark County Bar Association Grievance Committee.

Professional Involvement

His published articles address a Fifth District Court of Appeals decision on the “reasonable search” required in abandonment procedures under the Dormant Mineral Act, a Seventh District Court of Appeals holding that a surface owner’s attempts to locate the heirs of a mineral holder were inadequate, the persuasive force of the Duhig Rule in interpreting oil and gas reservations, and Blackstone v. Moore. He has also contributed to the firm’s Utica Shale & Pipeline newsletter (November 2020) and its Utica Shale & Pipeline Update and Review (May 2026). He is a member of the Stark County Bar Association, the Ohio State Bar Association, and the Building Industry of Stark County (BIA). He serves on the Board of Directors of the Friends of the Children’s Network and is a former board member of the Stark County YMCA.

Experience

His oil and gas practice covers transactional work tied to the Utica Shale play, due diligence for mineral and lease acquisitions, and the resolution of oil and gas contract, title, and lease disputes, including through litigation. Through Alpha Land Title Agency, he supports residential and commercial closings, drafting title commitments and curing title defects. His broader real estate practice includes negotiating and drafting deeds, leases, mortgages, and purchase agreements and reviewing zoning and land use codes, along with municipal law matters.
Matthew W. Onest

Matthew W. Onest

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A

Matthew W. Onest brings and defends lawsuits under the Ohio Dormant Mineral Act and the Ohio Marketable Title Act, together with declaratory judgment, slander of title, and adverse possession claims and disputes over the breach, interpretation, and enforcement of oil and gas leases. He chairs the oil and gas practice group at Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A. (KWGD), which he joined in 2012, and he has handled appeals before the Ohio Supreme Court and Ohio’s Fifth, Seventh, Ninth, Eleventh, and Twelfth District Courts of Appeal.

Education & Credentials

He received his Juris Doctor, magna cum laude, from the University of Akron School of Law, where he served as an assistant editor of the Akron Law Review and earned CALI awards for academic excellence in Bankruptcy, Evidence, and Health Law, the ABA-BNA Award for Excellence in the Study of Health Law, and The American Bankruptcy Law Journal Student Prize. He holds a B.A. in Sociology and Criminal Justice, cum laude, from the University of Mount Union, where he received the William H. Porter Award in Sociology and a Board of Trustees Scholarship. He is licensed in Ohio and admitted to the U.S. District Courts for the Northern and Southern Districts of Ohio.

Recognition & Leadership

The Best Lawyers in America® named him Lawyer of the Year for 2027, and he has been listed in Best Lawyers in America® from 2025 to the present, after recognition as one of its “Ones To Watch” in 2021 and 2022. Within KWGD, he leads the oil and gas practice group and is a member of the litigation and appellate practice group.

Professional Involvement

He has written on the Ohio Supreme Court’s holding that the Ohio Marketable Title Act applies to all severed mineral interests, issued a legal alert on the Peppertree MTA case, and analyzed Ohio House Bill No. 152 and the state’s oil and gas unitization process. From 2018 through 2020 he co-authored the Ohio survey on oil and gas for the Texas A&M Journal of Property Law. His presentations include “Preserving Severed Mineral Interests” for the Stark County Bar Association (2014), the “2015 Oil and Gas Caselaw Update” for the Ohio Bar Association, and “Defining Trespass and Adverse Possession and Accommodating the Rights of Mineral Owners and Surface Owners” for Half Moon Education, Inc. (2018), along with programs on easements, condemnation, and landlord-tenant law. He is a member of the Energy & Mineral Law Foundation, the National Association of Royalty Owners, and the Ohio State, Stark County, Akron, and Trumbull County Bar Associations. He serves on the board of the Spano Foundation and is a member of The Hubbard Rotary Club.

Experience

His oil and gas work includes counseling producers and drillers and litigating on their behalf in Ohio state and federal courts, and representing companies and landowners in civil litigation, arbitration, and administrative proceedings before the Public Utilities Commission and the Ohio Oil and Gas Commission. He also negotiates oil and gas leases, easements, and other energy-related agreements. Beyond energy matters, he handles complex business and tort litigation, real estate litigation, commercial arbitration, and appellate work, and he practices in several federal courts across the United States. He works from KWGD’s Canfield and Canton offices.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs