In much of eastern and southeastern Ohio, what’s under the land can matter as much as the land itself. Coal, oil, and natural gas, including the Utica and Marcellus shale, mean mineral rights are a real part of many land sales. Here’s what to know.
Surface rights and mineral rights can be separated
In Ohio, the minerals under a property can be owned separately from the surface. This is called a severance, and it often happened decades ago when an owner sold the land but kept, or reserved, the minerals. The result: you might own the surface while someone else, or several someone elses, own the oil and gas below.
How to find out what you own
- Read your deed and the deeds before it. Look for language that excepts or reserves oil, gas, coal, or minerals.
- Check the county auditor’s records. Some counties list mineral interests as separate taxable parcels.
- Order a title search. A title company can trace the chain of ownership and tell you whether the minerals were ever severed.
If you own the minerals
You have choices when you sell:
- Sell the land and minerals together.
- Sell the land and keep, or reserve, some or all of the minerals.
- Sell the minerals separately to a mineral buyer.
An existing oil and gas lease generally stays in place when the land is sold. The new owner steps into your shoes under the lease, including any future royalties that go with the ownership being transferred, so it’s important the purchase agreement spells out exactly what’s included.
Ohio’s Dormant Mineral Act
Ohio has a law that can let a surface owner reunite abandoned mineral rights with the surface. Under the Dormant Mineral Act (Ohio Revised Code 5301.56), minerals may be deemed abandoned if none of a list of qualifying events, such as a recorded transfer, production, a drilling permit, or a recorded claim to preserve, happened during the previous 20 years.
The process is formal. The surface owner must give notice to the mineral holders, by certified mail or, if they can’t be found, by newspaper publication. A holder then has 60 days to record a claim to preserve their rights. If no one responds, the surface owner can record an affidavit of abandonment. Ohio courts have applied this law strictly, so it’s a job for an attorney, not a do-it-yourself project.
Why it matters for your price
Whether minerals are included, reserved, or already severed can change what the land is worth and who’s interested in buying it. It’s worth knowing before you accept any offer.
How we handle mineral rights
We buy land throughout Ohio’s oil and gas counties. Before we make an offer, we research the mineral situation and tell you plainly what our offer includes, so you can decide whether to sell the minerals, keep them, or talk to a mineral specialist first.
Get a Cash Offer for Your Ohio Land
Tell us a little about the property and we’ll review it, including title, taxes, and access, then get back to you with a straightforward offer. No obligation.
This guide is general information, not legal or tax advice. Every property and family situation is different, so talk with an Ohio real estate attorney, title company, or tax professional about yours. Last updated September 2026.