17 Jan 2017

Top Ten Things That Will Get You Into Oil and Gas Title Trouble

  1. The oil and gas is owned by a trust, but your lease is not from an individual or individuals identified as the trustee or trustees of the trust.
  2. The executor of a will was given a directive by the testator (not just discretion) to “sell everything” and sold everything except the oil and gas and the estate has been closed for many years.
  3. The grantor in a deed reserves the “right to receive rentals” only.
  4. The oil and gas interest was last conveyed to people who died long ago and there is no trace of their heirs.
  5. The grantor in a deed reserves oil and gas, but it is not clear whether it was oil and gas in place or royalty.
  6. A reservation of oil and gas made by a grantor in a deed appears in subsequent deeds (the Duhig Rule).
  7. The non-existence of dormant minerals statutes in some states.
  8. The existence of dormant minerals statutes in other states.
  9. A tax sale occurs of oil and gas interest that was assessed to someone who never owned it.
  10. And finally….when one-sixteenth really equals one-half. Or does it?

Enjoy! If you need help figuring out how to get out of title trouble, the attorneys at the Claire Sergent Walls Legal Group can help. We have offices in Morgantown, West Virginia and Canonsburg, Pennsylvania. We support exploration and production companies, mineral buyers, land developers and mineral owners in West Virginia, Pennsylvania and Ohio.