Expert: Alan H. Coogan - 10/21/2009

Question
I am attempting to acquire a property in Ohio whereby 50% of the mineral rights "above and below" the ground were reserved by the prior owner of the property.  Have you ever seen where a mineral right above the ground would be considered rights to the timber since timber is above the ground?

Answer
Dear Pat

No, but one can reserve what the seller and buyer agree to reserve.

Timber is not usually considered "mineral", so you need to

1. take a close look at the wording
2. check for other documents that explain this odd provision
3. Look for Ohio law cases on such usage,
4. file for a declaratory judgement AND
5. stop purchase until you are satisfied.