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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 (4441 views)
Re: Do You Check for Mineral Rights on Title Searches - Judy Mac/LA
8/4/2014 8:42:17 AM (1862 views)
Re: Do You Check for Mineral Rights on Title Searches - Scott Perry/PA
8/4/2014 11:41:31 PM (1886 views)
Re: Do You Check for Mineral Rights on Title Searches - David Bloys/TX
8/5/2014 1:22:18 AM (1830 views)
Re: Do You Check for Mineral Rights on Title Searches - Allen Bruce/OH
8/5/2014 7:44:46 AM (1762 views)
Re: Do You Check for Mineral Rights on Title Searches - Alix Ott/MI
8/11/2014 7:45:21 AM (1853 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 (1668 views)
Re: Do You Check for Mineral Rights on Title Searches - MARC DAVIS/PA
8/3/2015 1:59:48 PM (1489 views)
Re: Do You Check for Mineral Rights on Title Searches - Jim Ashley/WV
8/27/2014 8:53:33 AM (1664 views)

[+] Has everyone already been paid by Red Vision this month? - Jane Clodfelter/MO (4 replies)
7/29/2014 7:54:45 AM (2927 views)

[+] Has anyone worked with TitleVest out of NY? - Jennifer Burns/AR (1 reply)
7/28/2014 11:48:48 AM (2536 views)

[+] Comment on "Judge: Current Owner Searches are Reasonable for Purchases" - Source of Title/OH (1 reply)
7/28/2014 9:25:55 AM (2814 views)

[+] Altisource out of Atlanta - Verlene Miller/AL (13 replies)
7/24/2014 12:12:34 PM (3852 views)




NJ Chancery Search - John Sauers/NY
7/24/2014 9:37:27 AM (2261 views)

[+] UPDATE: Using Source of Title in Compatibility View - Slade Smith/OH (2 replies)
7/21/2014 2:42:10 AM (2011 views)

[+] E &O Insurance Renewal - Richard Primmer/RI (7 replies)
7/18/2014 8:52:58 PM (2530 views)

[+] Equity National Title - Shona Dunning/WY (1 reply)
7/18/2014 1:13:40 PM (2844 views)

[+] Non-payment of abstractors - Jennifer Peart/OH (16 replies)
7/18/2014 9:21:12 AM (4207 views)

Archer Title Servivces - Tamara Howard/FL
7/18/2014 9:17:35 AM (1705 views)

Kentucky Land and Title - Jennifer Peart/OH
7/17/2014 6:59:14 PM (1916 views)

[+] NOTICE: I am updating the forum this afternoon - Slade Smith/OH (4 replies)
7/16/2014 2:23:45 PM (1960 views)

NON PAYER - SALLY BURSENT/WI
7/15/2014 1:21:44 PM (1893 views)

[+] NON PAYER - SALLY BURSENT/WI (2 replies)
7/15/2014 1:12:17 PM (2153 views)


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