Not enough room in the subject line, but I want to say "why you shouldn't do them as part of a "mortgage" search and if you have not worked in the oil/gas industry."

Once again, I have run into EXCELLENT, highly experienced abstractors -- this time in Ohio rather than my home state of Michigan -- where after chatting with them for awhile, it becomes clear they don't understand the liability they are opening themselves up to when they search for oil/gas leases as part of a standard search and call it a day. 

These are not only independents I'm dealing with (who are usually the creme de la creme when it comes to knowing what you're doing); it's also title examiners working for local title companies.  I'm on an oil/gas project (which I fondly refer to as "The Project from Hell" -- I'll spare you the details) and I couldn't help but notice the locals pulling and checking the lease books.  I finally asked two of them (one an examiner; one an independent with 15 years' experience) if they did mineral searches as part of a regular search in Ohio.  "Yes," they said.  The one said that they check the current owner for leases and the other said they check all the way back to the 42 "statute" mark. 

"But what if your minerals were severed 60 years ago?  That doesn't happen very often here in Ohio, I've noticed [unlike in MIchigan where it happens all the time], but it DOES happen.  I found a severance last week.  And there are no dormancy laws here in Ohio."  When I got the deer-in-headlights look I felt a chill run up my spine.  I had to explain to the title examiner (whom I don't think ever really go it) that it doesn't matter if there's no lease under the names of the current owner or for 10 owners or 20 owners or whatever back.  Unless you check back more than 100 years (or to patent to be really safe) you don't know who owns the minerals/oil/gas.  IT COULD BE ON A TOTALLY SEPARATE CHAIN OF TITLE AND YOU'RE NEVER GOING TO FIND IT UNLESS YOU START AT THE BEGINNING OF THE SEVERANCE.  The independent told me that she was "protected" by the statute (of a full search of 42 years) which is nonsense. 

I could go on and on here and I already am so I'll stop.  PLEASE let me send you my 2 page explanatory letter.  You can use it with your own clients to explain the facts to them if you'd like.  I don't care if you utilize it.  But PLEASE don't agree to ANY sort of mineral or oil/gas search until you know what it truly means.

write me at my oil/gas address and I'll send you a pdf of my letter:    oily@ArgentTitleResearch.com

Alix

P.S.  Robert -- I'd be glad to send it to you, too, and maybe you can post it somewhere?  I'd like you to read it and give me your opinion.