Replies to This Discussion

Permalink Reply by Two Dogs, Pirate on August 23, 2010 at 12:21

Trick, I can tell you that in some places, the fixing of the title could take a long time. You said the runs were done 3 months ago, are you sure of that because I know that certain companies do more than one abstract, using other brokers abstractors, just to see if someone missed something.

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Permalink Reply by Trickyone on August 23, 2010 at 15:37

Possible I guess, that they're looking into it twice or more. I spoke to the person doing the search (she called me) and she gave me a copy of what she came up with--it was right. This tract has been in our family for 4 generations (at least), so there's not a lot to hit or miss. I know that doesn't mean anything legally, but the fact is there's also not a lot to this title search. I want things to be accurate as much as the next guy, but in this case, it's pretty obvious the company is stretching things out in our case just because they can. As I said in an earlier post, I guess my inquiry should have been more along the lines of asking how to find someone to call to get something done. I'm sure you know as well as I do that when one of these companies wants you, they can really make the calls and/or visits! Now that it's time to pay up, they're invisible! Thanks again for your thoughts.

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Permalink Reply by Two Dogs, Pirate on August 24, 2010 at 1:51

Unless you own the whole unit (640 acres), then you have others involved that their title may be more complex than yours.

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Permalink Reply by Trickyone on August 24, 2010 at 2:07

So they hold up payments to everyone if one person's title is questionable?

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Permalink Reply by Steve P on August 24, 2010 at 19:16

The division order title opinion will cover the entire section, and they won't issue division orders to all of the owners until the title opinion is complete and open matters cured, which means that every track has been nailed down. If there are extraordinary problems with one track, they may move on and issue the DO's to all of the others.

The title check done before leasing isn't nearly as detailed as the one for the DO, and is usually done by a landman, not by an attorney.

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Permalink Reply by Trickyone on August 25, 2010 at 0:24

Thanks for clearing that up. Is there any way to try to find out what--if any--problems exist? I know that the unit I'm in has 3 only tracts in it. That's not to say that some minerals haven't been separated from the surface, but I don't think anything's changed hands in the last 10 years; that would mean that in most cases minerals revert to the surface owners. I really appreciate your input.

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Permalink Reply by The_Baron on August 25, 2010 at 3:26

For a title opinion, they will need much more than a ten year title. They will go back to patent.

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Permalink Reply by Trickyone on August 25, 2010 at 7:39

You're right. That was done in May. The title agent sent me a copy of her work.

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Permalink Reply by reallyoldguy on August 29, 2010 at 4:35

Trickyone" When title was, recently run, on my minerals they went so far back that the first intruments found were in FRENCH! Now, THAT'S a thorough title search!

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Permalink Reply by Trickyone on August 29, 2010 at 13:47

That's very cool. Mine (at least those I saw) were all in English, so I guess we don't go back quite that far!

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Permalink Reply by Two Dogs, Pirate on August 29, 2010 at 13:55

When you get French and Spanish involved in your documents, then most of the time that opens a whole nother can of worms.

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Permalink Reply by reallyoldguy on August 29, 2010 at 13:59

Two Dogs: How so? I didn't have any problems, at all, with title. It just took forever to run. Mind you, this was title run on the sale of minerals, not title for Division. I would think they would be much the same?

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