Rights That Transfer with Title versus Reservations of Interests

The Supreme Court of Ohio recently decided that absent an express reservation, the right to receive rents runs with the land and follows the transfer of legal title.  See LRC Realty, Inc. v. B.E.B. Properties, 2020-Ohio-319.  The Supreme Court of Ohio’s decision in LRC overturned a lower court’s decision regarding a dispute involving whether the buyer or the seller was entitled to receive rental payments from the owner of a cell tower that was located on leased land that had been transferred to the buyer.