Oil and Gas Title Examination By George J. Morgenthaler Table of Contents Chapter I Examination of Fee Title: Abstracts The Chain of Title Abstracts Constructing a Chain Color Codes Dictation Chapter 2 Examination of Fee Title: Direct Record Examinations Standups Index Systems Tract Index Blind Index Grantor-Grantee Index Book Numbering Resurveys Multiple Indices Special Indices Unusual Records Lis Pendens Deaths Taxes Always Ask Chapter 3 Examination of Fee Title: Grantor-Grantee Searches The Grantor-Grantee System Older Indices Newer Indices - 1 -
Computerized Indices Assembling the Chain Grantees Are Grantors Too Complications: After-Acquired Title Patents Recorded Late Sloppy Indexing Public Trustee Grantors Moving Forward and Back Check the Record Multiple Chains Tenants in Common Dead EndsFind Every Instrument Forms and Paperwork Have No Fear Chapter 4 Examination of Federal Titles Surface Management Agencies Photocopied Summaries Status Reports Direct Examination Plat Books Historical Index Serial Registers Variations for Acquired Land Old Plat Books Patents Survey Plats Unpatented Mining Claims Active Oil and Gas Leases Leasing Acts Noncompetitive Leases Simultaneous Lists The Case File - 2 -
Supplemental Documentation County Records Chapter 5 Title Opinions: Form and Function Legal Opinions Oil and Gas Opinions Differ from Others Types of Oil and Gas Opinions Drilling Title Opinion Division Order Title Opinion Supplemental Title Opinion Form Follows Function Forms Caption Lands Covered by Opinion Title Data Examined Ownership Surface Minerals Leasehold Encumbrances Exceptions Comments Requirements Exhibits Word Processing Forms Summary Chapter 6 Attitudes and Techniques in Examining Title and Rendering Opinions Take Your Time Be Picky Be Skeptical Be Thorough - 3 -
Be Precise Don't Give a History Lesson Don't Prove How Much You Know Rely on Previous Title Opinions Don't Be Chicken Rely on Curative Statutes Try to Avoid Requirements Give Alternatives Don't Try to Limit Your Liability Chapter 7 The Twenty Most Common Defects in Title to Fee Oil and Gas Leases Patent Reservations Delay Rental Payments Superior Mortgages Expired Leases Unleased Minerals Powers of Attorney Acknowledgments Executions Name Variations Leases Held by Production Life Tenancies No Interest of Record Real Property Taxes Ambiguous Conveyances Missing Probates Errors in Legal Description Inchoate Spousal Rights Declining Conveyances The Duhig Rule Mergers of Interest Proportionate Reduction Clauses - 4 -
Mineral Acres Disclaimers of Interest Attempted Testamentary Dispositions Tax Sales and Foreclosures Mineral/Royalty Distinction Possession Twenty-Seven for the Price of Twenty Consult a Treatise Chapter 8 The Ten Most Common Defects in Title to Federal Oil and Gas Leases Instruments Not Filed Instruments Not Recorded Parallel Chains of Title 17.5 Percent Clause Mining Claims Rights-of-Way Meandered Water Bodies Navigable Waters Known Geologic Structure Transferred Lease Account Unapproved Assignments Coal Leases Operating Rights, Working Interest, and Record Title Possession Fourteen Not Ten Consult a Treatise Chapter 9 Gaining Familiarity with Statutes and Regulations Landlord-Tenant Oil and Gas Leasing Mineral Conveyance Curative Statutes - 5 -
Title by Limitations Probate Taxation Marketable Title Act Recognition of Foreign Acknowledgments Oil and Gas Conservation Conveyances to Trustees Powers of Trustees Corporate Conveyances Affidavits Acknowledgments Dower and Curtesy Community Property Intestate Succession Partnership Real Property Title Standards Federal Regulations Outdated Statutes Appendix A Example of a Three-Tract, Multiple-Lease Fee Drilling Title Opinion Prepared on the Basis of an Abstract Examination Appendix B Example of a Single-Tract, Single-Lease Federal Division Order Title Opinion Prepared on the Basis of a Standup Examination of Federal and County Records Appendix C Example of a Supplemental Title Opinion Appendix D Example of a Federal Records Status Report Appendix E Federal Title Examination Checklist - 6 -
Appendix F Forms of Comments and Requirements Frequently Appearing in Fee Oil and Gas Leases Appendix G Forms of Comments and Requirements Frequently Appearing in Federal Oil and Gas Leases Appendix H Forms Grant of Easement Surface Damage Agreement Saltwater Injection Well Agreement Road License Agreement Stipulation and Cross-Conveyance Subordination of Deed of Trust Subordination of Mortgage Partial Release of Oil and Gas Lease Release of Oil and Gas Lease Ratification of Oil and Gas Lease Extension of Oil and Gas Lease Change of Depository Correction of Legal Description Affidavit of Nondevelopment Affidavit of Nondevelopment and Nonpayment of Rental Affidavit of Possession by Tenant Affidavit of Possession by Fee Owner Affidavit of Identity Affidavit of Identity Ratification and Rental Division Order Ratification and Rental Division Order (with designation of depository) - 7 -