You are speaking from the perspective of a title company, not an abstractor in this case. We do not know what searches we complete become a policy or a refi report. We can ASSUME if we're working for a title company that a full search will end up in a commitment, but even then they would not request a THIRTY year search but a FORTY by Michigan Statute. Our 1 owner searches -- for which we charge accordingly -- are back to a good WD into the current owner and forward. We don't search for easements beyond the timeframe of the search. Are they refi's? Of course they are. But even then, we are doing what the client tells us to do and it is their responsibility to order what they want. My issue is that they expect a 1 owner search AND easements, which are not one and the same for a 1 owner price. If they want a full search, we'll happily provide same, which will include the easements within the timeframe of the search (and we all know that most power and phone easements went in place in the 1920's and 30's so even a full search doesn't pick them up).
Searching oil/gas leases and reporting same is leading the client to believe that the person holding the lease actually owns the rights. This may not be the case as Landmen do not do a thorough search for rights until payment on the lease and/or drilling begins. Many a time we had Buyers on our team make an agreement -- and even record -- leases, only to find later that the surface owner wasn't the owner of the minerals. There is an out clause in those cases and the lease becomes null and void. Meanwhile, an undereducated title company is going to make assumptions where they shouldn't.
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