Title Examination

Our attorneys review public records, abstracts, and title runsheets prepared by in house and field landmen to provide title opinions that detail the current ownership of the surface, mineral, oil and gas leasehold estates, and any encumbrances on real property. Our title opinions also provide specific explanations of any possible title defects or complications in a thorough yet concise manner and direct our clients toward the most cost effective curative measures. Our practice encompasses all phases of title examination, including but not limited to:

* Original title opinions. Before a well is drilled, the operating company will order an original title opinion for the drillsite tract covered by the lease to ensure that they have obtained a valid lease from the proper mineral owner(s).

* Curative actions. Depending on the outcome of the original title opinion, there may be some curative action that requires a supplemental title opinion prior to drilling.

* Division order title examinations. If a successful well is drilled, a division order title examination is required to allocate production among the mineral, leasehold, non-participating and overriding royalty owners’ over the drillsite tract or entire unitized area.

Due Diligence

Our attorneys will perform a comprehensive examination to determine whether the seller actually owns the interests which are described in the purchase and sale agreement for leasehold estate and mineral interest.

A proper due diligence inspection can yield significant cost savings to buyers in terms of liabilities avoided and cost adjustments to a particular transaction if information from the due diligence investigation is used properly and in the early stage of the transactional process.

"...the words all due diligence import an area of precaution sufficient to prevent the foreseeable, but not the unforeseen, the unexpected, the unknown, or the unintended."

- Ontario judge Harris, in R v Steinberg

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