Ohio § 5301.332
Full text of Ohio Ohio Revised Code § 5301.332, with citation guidance and answers to common questions.
§ 5301.332.
(A)(1) Whenever leases of natural gas and oil lands recorded under section 5301.09 of the Revised Code concerning lands upon which there are no producing or drilling oil or gas wells become
forfeited for failure of the lessee or the lessee's successors or assigns to abide
by specifically described covenants provided for in the lease, or because the term
of the lease has expired, the lessor or the lessor's successors or assigns may file
for record an affidavit of forfeiture with the county recorder after serving notice
by certified mail, return receipt requested, to the lessee or the lessee's successors
or assigns, at the lessee's or the lessee's successors' or assigns' last known address,
or if service is not obtained by certified mail, by giving notice by publication at
least once in a newspaper of general circulation in the county in which the land is
located of the lessor's intent to declare the lease forfeited. (2) The notice or publication shall be addressed to the lessee or the lessee's successors
or assigns, and shall contain the name of the lessee; a general description of the
land; the number of acres; the date of the lease; the volume and page of the lease
record where the lease is recorded; the cause of the forfeiture; and shall state
the intention of the lessor to file for record an affidavit of forfeiture with the
county recorder if the lessee does not have the lease released of record within thirty
days from the date of receipt of the notice or of publication. (B) After thirty days and not more than sixty days from the date of proof of mailing
or publication of the notice, the lessor or the lessor's successors or assigns may
file with the county recorder an affidavit of forfeiture setting forth that such person
is the lessor of an oil or gas lease; the file number or volume and page of the lease
record where the oil or gas lease is recorded; that the lessee or the lessee's successors
or assigns, have failed and neglected to comply with specifically described covenants
provided for in the lease, reciting the facts constituting such failure, or that the
term of the lease has expired; that there are no producing or drilling oil or gas
wells on the leased premises; that the lease has been forfeited and is void; and
that notice was served on the lessee or the lessee's successors or assigns, or that
publication was made, and the manner and time thereof. (C) If the lessee or the lessee's successors or assigns claims that the lease is in full
force and effect, the lessee or the lessee's successors or assigns shall, within sixty
days after the mailing or publication of the notice of the lessor of the lessor's
intention to declare the lease forfeited, notify the person who filed the affidavit
of forfeiture of the claim, and file for record an affidavit with the office of the
county recorder of the county in which the land is situated stating that the lease
has not been forfeited and that the lessee or the lessee's successors or assigns still
claim that the lease is in full force and effect. (D) If the lessee or the lessee's successors or assigns do not give such notice in writing
to the lessor at any time prior to the sixtieth day after the mailing or publication
of the notice of the lessor of the lessor's intention to declare the lease forfeited,
then the lessor shall file for record with the county recorder a notice of failure
to file. The notice shall contain all of the following: (1) A statement that the person filing the notice is the lessor or the lessor's successors
or assigns; (2) The document number or volume and page of the lease record where the oil or gas lease
is recorded; (3) A general description of the land; (4) The statement: “This lease cancelled pursuant to affidavit of forfeiture recorded
as Document Number ․․․․․, or Official Record/Lease Vol. ․․․․․, Page ․․․․․” Thereafter, the record of the lease shall not be notice to the public of the existence
of the lease or of any interest therein or rights thereunder and the record shall
not be received in evidence in any court of the state on behalf of the lessee or the
lessee's successors or assigns, or against the lessor or the lessor's successors or
assigns. (E) For recording the affidavit of forfeiture, the affidavit giving notice that the lease
has not been forfeited, and the notice of failure to file, the county recorder shall
charge the fees provided by section 317.32 of the Revised Code .
Frequently Asked Questions About Ohio § 5301.332
What does Ohio Revised Code § 5301.332 cover?
Section 5301.332 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5301.332?
A common citation format is "Ohio Revised Code § 5301.332" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5301.332 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.