Overview of U.S. Lands. Presented by Lynette Y. Johnson, CPLTA PNG Tenure Information Exchange April 13, 2011 Calgary, Alberta

Transcription

1 Overview of U.S. Lands Presented by Lynette Y. Johnson, CPLTA PNG Tenure Information Exchange April 13, 2011 Calgary, Alberta

2 Historical View of Land Ownership in the U.S.

3 Influenced by European Law ENGLAND English Common Laws SPAIN Spanish Civil Law FRANCE Napoleonic Code

4 Colonial Period Confused by Claims of Early Settlers Spain France Britain Indians Private Individuals

5 After the Revolutionary War Colonial States Ceded Their Claims 1803 Louisiana Purchase 1819 Florida Purchase 1845 Texas Purchase 1846 Oregon Treaty 1848 Guadalupe Hidalgo Treaty 1854 Gasden Purchase 1867 Alaska Purchased

6 Territorial Acquisitions by the United States

7 Public Lands

8 Federal Owned Lands Acquired Lands Public Domain Indian Outer Continental Shelf State Owned Lands Railroad Lands

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10 Railroad Lands

11 Outer Continental Shelf

12 Private Ownership

13 Ownership of Minerals Public Private

14 Property Rights Minerals Minerals in Place Reduced to Possession

15 Types of Ownership in Minerals Fee Simple Surface Minerals Royalty Overriding Royalty Interest Payment out of Production

16 Real Property Ownership

17 Legal Descriptions Metes and Bounds Rectangular Survey System Railroad Survey System (Texas)

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19 Metes and Bounds Descriptions

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21 Rectangular Railroad Survey System (Used in Texas and Other Southwestern States)

22 Types of Ownership in Real Property

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24 Fee Simple Surface Mineral (Subsurface) Life Estate Joint Tenants vs. Tenants in Common Homesteads Community Property Adverse Possession

25 Transferring Ownership In Real Property

26 Conveyances Types of Documents Deeds Assignments Types of Interest Conveyed Terms of Interest Conveyed Quantum of Interest Conveyed The Duhig Rule

27 General Requirements for Conveyance Documents Must be in writing Must accurately identify the Transferor Capacity and authority of Transferor Must accurately identify Transferee Must contain words of grant Must describe the property interest Rights conveyed Properly executed

28 Severed Minerals

29 Ways to Sever Minerals from Surface Mineral Deed Undivided Minerals Non-Participating Royalty Perpetual Non- Perpetual

30 Spacing

31 Historical Concepts About Minerals Definition of Spacing Rules of Capture

32 Terms Used With Spacing Communitization Proration Unit Unitize Pooling

33 Various State Regulations on Spacing Texas Pennsylvania New Mexico Colorado

34 Lease Provisions

35 Four (4) Basic Lease Provisions Required Conditions of a Lease Recording a Lease

36 Key Clauses of a Lease Granting Clause Legal Description Mother Hubbard Clause

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38 Continuous Development Clauses

39 Habendum Clause Term Primary and Secondary Paying Quantities Discovery Rule

40 Drilling or Delay Rental Clause Dry Hole Clause (Cessation of Production)

41 Operation Clauses Lease Savings Clauses Well Completion Clause Continuous Operations Clause Cessation of Production Clause Shut-in Royalty Clause Constructive Production

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43 Pugh Clauses

44 Types of Pugh Clauses Vertical Pugh Horizontal Pugh Vertical and Horizontal Pughs Statutory Pughs

45 Examples of Statutory Pughs Mississippi Louisiana Oklahoma North Dakota

46 O O O O O O O O O O References and Resources Evolution of Land Ownership by J.F. Flomack, CPL, prepared for NALTA Certification Manuel, 1992, updated Petroleum Education Workshops - A Petroleum Education Publication, Terrill Williams, author. Real Property Law, Oil & Gas Law by George A. Snell, III, Timothy C. Downs, Tom Daily, Greg Nibert, Rick Revels and John Sanford McDavid, prepared for NALTA Certification Manuel, 2004 Land Measurement and Land Description by Judith Eubank, prepared for NALTA Certification Manuel, 2004 Texas Administrative Code - Economic Regulation; Chapter 3, Oil & Gas Division - internet website of Texas Railroad Commission ( Oil & Gas Conservation Law Act Laws of Pennsylvania internet website ( Natural Resources and Wildlife Oil & Gas Well Spacing and Locations, Energy, Minerals and Natural Resources Department, Oil Conservation Division ( Code of Federal Regulations; 43 CFR SS Drilling, Producing and Drainage Obligations. Mother Hubbard Clause by Alyce Hoge, Resources Legal Training,