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[-] Do You Check for Mineral Rights on Title Searches - David Bloys/TX (8 replies)
7/29/2014 10:22:58 AM (4065 views)
Re: Do You Check for Mineral Rights on Title Searches - Judy Mac/LA
8/4/2014 8:42:17 AM (1215 views)
Re: Do You Check for Mineral Rights on Title Searches - Scott Perry/PA
8/4/2014 11:41:31 PM (1248 views)
Re: Do You Check for Mineral Rights on Title Searches - David Bloys/TX
8/5/2014 1:22:18 AM (1233 views)
Re: Do You Check for Mineral Rights on Title Searches - Allen Bruce/OH
8/5/2014 7:44:46 AM (1152 views)
Re: Do You Check for Mineral Rights on Title Searches - Alix Ott/MI
8/11/2014 7:45:21 AM (1258 views)

Unless you are familiar with the dormancy acts in your state, don't suppose that if 20 years has passed and you don't see any activity, that the minerals belong to the surface owner.  What if those rights were severed in 1950 and that TOTALLY SEPARATE CHAIN has been kept active?  How would you know?  Nothing is going to show up  in your surface owner's chain.

 What if there's an active well on the property?  Since it is HBP (Held By Production), the dormancy laws don't affect it.  I did oil/gas work in Ohio several years ago that had active wells that started producing around 1920 and still produce today.  Again, totally separate chain of title.  (With 20 or 30 or 50 outsales of royalty percentages -- it was a nightmare.  Searching one parcel took me a week.)

When you report oil/gas leases, having a disclaimer (I think Scott mentioned his?) is the way to go.  Dangerous to give your client (usually title or mortgage company) the impression that the surface owner has the rights based on an oil/gas lease THAT MAY HAVE BEEN SLAPPED ON THERE WITHOUT A SEARCH HAVING BEEN DONE SIMPLY TO SECURE THE POSSIBILITY OF LEASING THE LAND.

Finally, 100 year search is not foolproof, especially in a state like PA where coal has been mined prior to that.  PA separates their coal from oil/gas, but still it muddies the water.  AND there's no dormancy act there.  100 years is not safe.  Back to Patent is the norm in the oil/gas industry.

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The Title Underwriter's Take on Mineral Rights - Victoria Moate/NJ
8/25/2014 10:54:40 AM (1036 views)
Re: Do You Check for Mineral Rights on Title Searches - MARC DAVIS/PA
8/3/2015 1:59:48 PM (867 views)
Re: Do You Check for Mineral Rights on Title Searches - Jim Ashley/WV
8/27/2014 8:53:33 AM (1071 views)

[+] Has everyone already been paid by Red Vision this month? - Jane Clodfelter/MO (4 replies)
7/29/2014 7:54:45 AM (2658 views)

[+] Has anyone worked with TitleVest out of NY? - Jennifer Burns/AR (1 reply)
7/28/2014 11:48:48 AM (2298 views)

[+] Comment on "Judge: Current Owner Searches are Reasonable for Purchases" - Source of Title/OH (1 reply)
7/28/2014 9:25:55 AM (2506 views)

[+] Altisource out of Atlanta - Verlene Miller/AL (13 replies)
7/24/2014 12:12:34 PM (3580 views)




NJ Chancery Search - John Sauers/NY
7/24/2014 9:37:27 AM (2108 views)

[+] UPDATE: Using Source of Title in Compatibility View - Slade Smith/OH (2 replies)
7/21/2014 2:42:10 AM (1766 views)

[+] E &O Insurance Renewal - Richard Primmer/RI (7 replies)
7/18/2014 8:52:58 PM (2233 views)

[+] Equity National Title - Shona Dunning/WY (1 reply)
7/18/2014 1:13:40 PM (2572 views)

[+] Non-payment of abstractors - Jennifer Peart/OH (16 replies)
7/18/2014 9:21:12 AM (3924 views)

Archer Title Servivces - Tamara Howard/FL
7/18/2014 9:17:35 AM (1551 views)

Kentucky Land and Title - Jennifer Peart/OH
7/17/2014 6:59:14 PM (1769 views)

[+] NOTICE: I am updating the forum this afternoon - Slade Smith/OH (4 replies)
7/16/2014 2:23:45 PM (1691 views)

NON PAYER - SALLY BURSENT/WI
7/15/2014 1:21:44 PM (1764 views)

[+] NON PAYER - SALLY BURSENT/WI (2 replies)
7/15/2014 1:12:17 PM (1944 views)


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