Bob,

  I owned a Title Company.  The scenario that I discussed on the main page can happen.  I owned 10 acres that I sold and reserved the minerals.  I then leased the minerals to Chesapeake.  When the hay day of leasing happened some wet behind the ears landman didn't run title properly and leased the new owners (who only owned surface rights).  When the well began to produce Chesapeake paid the surface owners.  It took a ton of work for me to prove to them that I was the correct owner.  The lease that the surface owner's signed gives Chesapeake the right to be reimbursed for the royalties that they paid out.  I don't know if Chesapeake will try to collect, but what a mess if they do.