October 6, 2026 · Title & Closing Guide
How to Read an Ohio Title Commitment: Schedule A, Schedule B, and the Mineral Rights Your Policy Won't Cover
An Ohio title commitment is the title company's written promise to issue an owner's and lender's title insurance policy at closing, and in Northeast Ohio the exceptions on that promise routinely exclude oil, gas, and mineral rights under the home. The report splits into Schedule A, which describes the deal and the property, and Schedule B, which lists the requirements a seller must satisfy and the exceptions the policy will not cover. In counties across the Cleveland market, the items that most often surprise buyers are recorded utility and railroad easements, oil and gas lease exceptions tied to the Utica Shale, and a blanket mineral exception that removes every oil, gas, and coal interest under the property from coverage. Ohio title insurance rates also increased for the first time in 24 years on January 1, 2026, so the premium in your closing estimate deserves a second look.
This matters more in Northeast Ohio than in most markets because the region sits on the Utica Shale and Point Pleasant formations. The Ohio Department of Natural Resources lists Geauga and Columbiana counties among its core Utica counties, and the northern tier of the play, which covers Columbiana, Mahoning, and Trumbull counties, has been in what industry reporting calls a "Utica 2.0" oil boom since about 2023. Columbiana County alone produced 1.494 million barrels of oil in 2024, up 54 percent year over year, and 543,905 barrels in the first quarter of 2026, its largest quarter on record, plus 26.4 billion cubic feet of gas. EOG Resources bought operator Encino Energy in mid-2025 for about $5.6 billion. The practical effect for a homebuyer east of Cleveland is simple: whoever owns the house may not own the minerals beneath it, and the title commitment is where that shows up.
What Is an Ohio Title Commitment, and Why Does It Have an Expiration Date?
A title commitment is not a policy. It is a written commitment to issue one, based on a title search of the public records that ended at a specific date and time, the effective date stamped on Schedule A. The commitment expires six months after that effective date. If closing runs past it, the title company re-runs the search and issues a new commitment with a new effective date. That is why a commitment you review early in the fall may not be the same document the closing agent relies on in the spring.
Inside the cover, the report is divided into two schedules. Schedule A states the proposed insureds, the policy amount and type, the property address, the legal description, the current owners, and the deed reference showing how they took title. Schedule B has two sections. Section I lists requirements, the conditions that must be satisfied before a policy will be issued, usually payoffs and releases of existing mortgages, judgments, liens, unpaid taxes, and any open matters. Section II lists exceptions, the risks the policy will not cover. Most Northeast Ohio buyers could read Schedule A on their own in five minutes; it is Schedule B that produces the phone calls to our office.
| Part of the report | What it says | What to check |
|---|---|---|
| Effective date | The date and time through which public records were searched | If closing is more than six months later, ask for a reissue |
| Proposed insureds | The names of the buyer and/or lender the policy will protect | Confirm spelling and vesting names match the deed you will sign |
| Policy amount and type | Coverage amount and whether it is an owner's or lender's policy | Confirm the amount matches the contract price and the loan |
| Property description | Address, legal description, and often a parcel number | Compare against the survey and the contract |
| Current owners | Who holds title and the deed reference showing how they acquired it | Confirm the seller matches; look for added or deceased names |
| Schedule B, Section I: Requirements | Payoffs, releases, taxes, and other items to clear before a policy is issued | Ask about anything you have never seen before; these drive closing delays |
| Schedule B, Section II: Exceptions | Recorded matters and standard exclusions the policy will not cover | Read the full list, not a summary, and ask what each item permits |
Why Do Northeast Ohio Title Commitments Exclude Oil, Gas, and Minerals?
The short answer is that someone else may own them. In Ohio, a landowner can sever the mineral estate from the surface estate in a deed, and it stays severed until it is later merged or cleared. When a warranty deed from 1918 reserved "all oil, gas, and coal" to the grantor, that reservation followed the grantor's heirs and assigns, not the house. Title companies in Ohio generally will not insure ownership of minerals below the ground, and many Northeast Ohio commitments carry a blanket mineral exception along these lines: the company does not insure title to oil, gas, and other minerals of every kind and character, in, on, and under the property, or the right to use the surface for ingress and egress to reach them.
Once you see that language, the questions become who holds the minerals and whether the interest is active. Under the Ohio Dormant Mineral Act, Ohio Revised Code Section 5301.56, severed oil and gas interests that have seen no saving event for 20 years can be reclaimed by the surface owner, but the procedure is not automatic. The Ohio Supreme Court held in Corban v. Chesapeake Exploration (2016) that the act is not self-executing, so the surface owner must run the 20-year look-back, give notice to the mineral holder, and file an affidavit of abandonment with the county recorder. And in Chesapeake Exploration v. Buell (2015), the court held that a recorded oil and gas lease counts as a title transaction that resets the clock. A property with a recorded lease, a filed instrument, or actual production can have mineral interests that are very much alive.
| Exception on Schedule B | What it means | Where buyers see it most |
|---|---|---|
| Blanket mineral exception | Policy excludes oil, gas, coal, and other minerals plus surface access rights; it is standard form language in Ohio | Expect it on nearly any property east and south of Cleveland |
| Specific oil and gas lease exception | A recorded lease names the lessor, lessee, date, and recording reference; the lease often carries pipeline and surface rights with it | Geauga, Portage, Trumbull, Mahoning, and Columbiana counties |
| Severance by deed reservation | A prior deed kept minerals out of the chain of title for the surface estate | Rural townships with century-old estate deeds |
| Dormant Mineral Act filing | A recorded affidavit of abandonment or preservation that reflects the 20-year clock | Any county where surface owners have pursued ODMA filings |
| Royalty assignment or pooling agreement | A third party holds a share of production income from the property | Northern Utica tier near active wells and units |
What Easements Appear on Schedule B, and Which Ones Are Most Common in Northeast Ohio?
Easements are the most common exceptions on a home title commitment in this region. Utility easements for electric, gas, water, sewer, and telecommunications lines appear across Cuyahoga, Lake, Geauga, Portage, and Summit counties. Railroad right-of-way easements show up on properties near the region's rail corridors, and Ohio law protects them: Ohio Revised Code Section 5301.53 exempts easements created or held for railroad and public utility purposes, and easements observable by physical evidence of use, from being barred by the Marketable Title Act. Shared driveways, drainage and storm sewer easements, road right-of-way lines, and, in the rural parts of Geauga and Portage counties, oil and gas surface easements round out the list buyers actually see.
All of these are recorded in the county recorder's office for the county where the land sits, indexed by grantor and grantee, often by book and page or instrument number. Under Ohio Revised Code Section 5301.25, deeds and instruments that convey or encumber an interest in real property must be recorded to be valid against later bona fide purchasers. So when Schedule B cites an easement by instrument number, you can pull the actual document online and read what it permits. A narrow utility line easement along the rear lot line is routine on almost any suburban lot. A 30-foot-wide pipeline easement across the backyard is a different conversation.
| Exception type | How it typically reads | Practical effect |
|---|---|---|
| Utility line easements | "Easement to [utility] for gas, electric, water, or sewer lines," with an instrument reference | The utility can enter to install and maintain lines; rear-yard lines are routine |
| Railroad right of way | "Right of way granted to [railroad]" | Rail corridor rights survive under ORC 5301.53; affects lots adjacent to tracks |
| Shared driveway or access | "Non-exclusive easement for ingress and egress over the described strip" | Neighbors share drive access and maintenance; check the recorded terms |
| Drainage and storm sewer | "Drainage easement over a portion of the lot" | Water flows across the lot by recorded right; keep the swale clear |
| Road and street right of way | "Public road right of way" | The municipality holds the edge of your lot; setbacks matter for additions |
| Oil and gas surface easement | "Rights to use the surface for well operations, pipelines, and access" | An operator can reach a defined pad or line area; scope is set by the recorded instrument |
What Changed With Ohio Title Insurance Rates in 2026?
Ohio uses a filed-rate system: the Ohio Title Insurance Rating Bureau sets the rates, the Ohio Department of Insurance approves them, and the same base rates apply across the state at every agency. Those rates had not changed since 2002. A new schedule took effect for orders placed on or after January 1, 2026, the first increase in 24 years. For an owner's policy, the new rate works in tiers per $1,000 of coverage: $5.80 per $1,000 on the first $250,000, plus $4.10 per $1,000 from $250,000 to $500,000, plus $3.20 per $1,000 from $500,000 to $1,000,000, with lower tiers above that. The minimum owner's policy premium rose from $175 to $225, and the minimum homeowner's policy premium is $250. A lender's policy issued at the same closing gets a simultaneous-issue discount.
Run the math on a typical Northeast Ohio purchase to see the change. An owner's policy on a $300,000 home comes to about $1,650 under the new schedule before credits: $5.80 per $1,000 on $250,000 is $1,450, plus $4.10 per $1,000 on the next $50,000 is $205. Industry guidance puts Ohio title insurance in the range of roughly 0.5 percent to 0.8 percent of the purchase price. Ohio law does not require title insurance, and the purchase contract decides who pays for it. Ask your title company for the exact premium on your policy amount before you rely on the closing estimate.
| Coverage tier | Rate per $1,000 | Example premium |
|---|---|---|
| First $250,000 | $5.80 | $1,450 on a $250,000 policy |
| $250,001 to $500,000 | Add $4.10 | About $1,650 on a $300,000 policy ($1,450 + $205) |
| $500,001 to $1,000,000 | Add $3.20 | About $3,275 on a $750,000 policy ($1,450 + $1,025 + $800) |
| $1,000,001 to $5,000,000 | Add $3.10 | Rates ease further above $5 million |
| Minimum owner's policy premium | $225 | Up from $175 under the prior schedule |
| Minimum homeowner's policy premium | $250 | Separate minimum for the Homeowner's policy form |
Source: Ohio Title Insurance Rating Bureau rate schedule effective January 1, 2026, accessed October 6, 2026. Examples before any reissue, simultaneous-issue, or other credits. Confirm your exact premium with your title company.
How Should a Buyer Handle a Title Commitment Before Closing?
Give the commitment the same attention as the inspection report, and read both schedules. Read Schedule B, Section I for requirements: if the commitment says the seller must deliver releases of two old mortgages and pay current taxes, those items belong to the seller, but you want them done on time, because a release that is not recorded is a delayed closing. Read Section II for exceptions, and ask about anything you do not recognize. A blanket mineral exception is one of the most common items a title company will decline to remove, and in most cases it is not a deal-breaker: the house, the garage, the yard, and the insurable surface estate are still covered, it is the dirt below and the right to drill through it that the policy leaves out. When an exception surprises you, ask your title company what the underlying document permits, then ask your attorney whether it matters for how you plan to use the property.
In our experience walking Northeast Ohio buyers through commitment reviews, the most common misunderstanding is that a title company will fix an exception just because it looks alarming. A title company reports the recorded record; it does not rewrite history. If you want a specific easement or an old lease clarified, the path is an attorney who can order the underlying documents, review the reservation language, and tell you whether a Dormant Mineral Act filing or a revised commitment is worth pursuing. That review belongs in your due diligence period, not at the closing table.
Buyer and Seller Takeaways
- Buyers: review the commitment during your due diligence period, not at the closing table. Compare the legal description, parcel number, and vesting names against the deed you will sign.
- Buyers: ask for the full exception list, not a summary, and have your attorney pull and read the underlying easement and lease documents cited by instrument number.
- Buyers: expect the blanket mineral exception and understand what it does and does not remove from coverage before you negotiate over it.
- Buyers: run the 2026 rate math on your policy amount and ask about reissue and simultaneous-issue credits; the first rate increase since 2002 affects every closing now.
- Sellers: gather payoff statements, releases, and the deed chain early. A commitment requirement you cannot satisfy on time is how closings slip.
- Everyone: this is general education about Ohio title reports, not legal, title, tax, or financial advice. Ask your title company and a qualified attorney about your specific transaction.
If you are weighing a home in the region, our Northeast Ohio region guide maps the eight-county Greater Cleveland market, and our guide to moving to Northeast Ohio compares Cleveland and Akron housing, costs, and commutes side by side. Once the title part checks out, our buyer resources walk through the rest of the closing process, from inspections to financing. Reading Schedule A and Schedule B before you sign is the difference between closing with confidence and closing with a surprise.
Frequently Asked Questions
Is a title commitment the same as a title insurance policy?
No. A title commitment is the title company's written promise to issue a policy at closing, based on a search of the public records through a stated effective date. The policy is the actual contract of coverage issued at or after closing. The commitment expires six months after its effective date, and a late closing requires a reissued commitment with a new search.
Do I own the mineral rights under my home if the commitment excludes them?
Usually not. Ohio title policies generally do not insure ownership of minerals below the ground, and a blanket mineral exception removes oil, gas, coal, and related surface access rights from coverage. If a prior owner reserved or leased those interests in a recorded deed, the minerals stayed with the holder, not with the house, and buying the home does not automatically buy what is under it.
What is the Ohio Dormant Mineral Act?
Under Ohio Revised Code Section 5301.56, a surface owner can reclaim severed oil and gas interests that have been dormant for 20 years, but the process is not automatic. The Ohio Supreme Court held in Corban v. Chesapeake Exploration (2016) that the act is not self-executing, so a surface owner must run a 20-year look-back for saving events, provide notice to the mineral holder, and file an affidavit with the county recorder. A recorded oil and gas lease counts as a title transaction under Chesapeake Exploration v. Buell (2015). This is one of the most heavily litigated corners of Ohio real estate law; an attorney should guide any filing.
Can a title commitment expire?
Yes. A commitment is based on a search of the public record through the effective date shown on Schedule A and typically expires six months after that date. If your closing slips past it, the title company runs a new search and issues a new commitment, which can surface new items. Confirm the effective date and the expiration before you rely on the report.
How much does title insurance cost in Ohio in 2026?
Ohio uses filed rates set by the Ohio Title Insurance Rating Bureau and approved by the Ohio Department of Insurance, and the new schedule that took effect January 1, 2026 is the first increase since 2002. An owner's policy runs $5.80 per $1,000 on the first $250,000, with lower tiers above, a $225 minimum premium, and a $250 minimum for the homeowner's policy. In practice, title insurance in Ohio typically lands near 0.5 percent to 0.8 percent of the purchase price.
Who pays for title insurance in Ohio?
Ohio law does not require title insurance, and the purchase contract determines who pays. Many Northeast Ohio transactions include a seller-provided owner's policy and a buyer-paid lender's policy, but the term is negotiated in the offer. Ask your title company for a written premium quote and compare it against the closing estimate before you sign.
Sources
- Ohio Revised Code Section 5301.56, Dormant Mineral Act (20-year dormancy, notice, and abandonment procedure)
- Ohio Revised Code Section 5301.25 (recording requirement for deeds and instruments)
- Ohio Revised Code Section 5301.53 (railroad and public utility easements not barred by the Marketable Title Act)
- Ohio Revised Code Section 4961.39 (county recorder recording of railroad right-of-way grants)
- Ohio Supreme Court, Chesapeake Exploration v. Buell (2015) (a recorded oil and gas lease is a title transaction under the Dormant Mineral Act)
- Ohio Supreme Court, Corban v. Chesapeake Exploration (2016) (the Dormant Mineral Act is not self-executing)
- Ohio Title Insurance Rating Bureau Rate Manual, March 1, 2026 (filed owner's and lender's rates by tier)
- Ohio Title Insurance Rating Bureau Rates, Effective January 1, 2026 (new rate schedule and minimum premiums)
- Deeds.com, Ohio 2026 Marks the First Hike in Title Insurance Premiums Since 2002 (rate history and context)
- Wayne County Title, Title Commitments Explained (Schedule A and Schedule B structure and the six-month expiration)
- McDonald Hopkins, Title Insurance Policies and Mineral Rights (why Ohio policies exclude mineral ownership)
- The Business Journal, Columbiana County Oil Production Soars to 1.5M Barrels (2024 northern-tier production and records)
- Marcellus Drilling News, Rebirth of Ohio's Northern Utica Shale (renewed leasing and permits in the northern tier, 2025 to 2026)
- Ohio State University Farm Office, The Dormant Mineral Act Bulletin (the ODMA process for surface owners)
- Ohio State University Extension, Understanding and Negotiating Pipeline Easements (what pipeline easements permit and how they are recorded)
- American Homeland Title, Understanding Easements on Ohio Property (utility, railroad, and access easement exceptions in practice)
- Statutes, court decisions, production data, and rate schedules reviewed October 6, 2026.
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"In Northeast Ohio, an Ohio title commitment will usually exclude the oil, gas, and mineral rights under your home, and Ohio title rates rose in 2026 for the first time in 24 years. Here is how to read Schedule A and Schedule B, spot easements and Utica Shale lease exceptions, and know what your policy actually covers."
Published October 6, 2026 · Updated October 6, 2026 · Information verified on October 6, 2026 against the sources listed above. Title commitments, exceptions, and recorded instruments vary by property and transaction; this is general education, not legal, title, tax, or financial advice. Ask your title company and a qualified attorney about your specific commitment.
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