Upload
dallas-brad
View
212
Download
0
Tags:
Embed Size (px)
Citation preview
Andrew St. JohnSr. Project Manager
Managing Risks Associated with Title
• Over 30 years experience in upstream, midstream and downstream land service
• Headquartered in Fort Worth, TX with multiple offices Houston, TX Washington, PA Midland, TX
• Our services include due diligence, leasing, title, curative, and everything in between
• Fee interests• Mortgages• Judgments• Easements• Any other non-fee transfer
What to Run, and How Far Back?
• Surface Estate• Oil and Gas Estate• Coal Estate
What Estates Are of Concern?
• Dunham & Shortt v. Kirkpatrick, 101 Pa 36 (1882)• Rebuttable presumption that a reservation of “minerals” does not
include oil and gas Presumption rebutted by clear and convincing evidence that
parties intended oil and gas to be included• Recently reaffirmed:
Butler v. Charles Power Estate, No. 27 MAP 2012, 2013 Pa. LEXIS 789 (Pa. April 24, 2013)
The Dunham Rule
• Originally passed in 1989 Reserved minerals will be deemed abandoned unless a savings event
occurs within the previous 20 years Abandonment was “automatic” and the minerals would immediately
vest in the surface owner• Act revised in 2006
No longer “automatic” Surface owner must now file an affidavit of abandonment
Ohio Dormant Mineral Act
• WVa-AO 06-01• WVa-AO 2007-01
Traditional title searches performed by “landmen” seems an awful lot like practicing law
Landmen should perform their work under the direct supervision and control of an attorney licensed to practice law in West Virginia
The West Virginia LandmanPracticing Law Without a License Since 1863