Title work comes in several forms, each serving a different purpose in the land lifecycle.
The most comprehensive approach — tracing ownership from the original land grant (patent) through every conveyance to the present day. Required for drilling title opinions (DTOs) and high-value acquisitions where you need certainty about the complete ownership history.
A focused search examining records from a specified starting point (often 48 or 60 years back) to the present. Used for surface transactions, lease checks, and situations where a full sovereign search isn't cost-effective. Faster and less expensive than a full search.
Updates a previous title search by examining records from the last effective date to the present. Used when re-entering an area where title was previously run, preparing for additional wells, or updating before closing. Typically takes 25–50% of the time of a full search.
A specialized examination focused on confirming who is entitled to production payments from a well. DOTOs determine the decimal interest for every owner in the spacing or pooling unit. Required before an operator can begin distributing royalty payments.
Critical moments when title examination protects your investment.
State regulatory commissions require operators to demonstrate proper leasehold before permitting wells. Title examination confirms your lease position is valid, identifies all interest owners in the spacing unit, and flags any curative issues that must be resolved before drilling begins.
Title examination verifies every lease in the acquisition package — confirming proper execution, valid legal descriptions, continuous production (for HBP leases), and absence of competing claims. A thorough title review is the buyer's primary protection against overpaying for defective assets.
Banks and financial institutions require title opinions before funding oil and gas loans, real estate purchases, or development financing. Title examination gives lenders confidence that their collateral — the mineral rights or property — is properly owned and free of undisclosed encumbrances.
Before distributing production revenue, operators need to know exactly who owns each decimal interest. Title examination for DOTOs determines ownership percentages for every royalty owner, working interest owner, and overriding royalty interest holder in the unit.
From research to opinion — how title examination works.
Define what's being examined: the legal description, type of search (full, current owner, supplemental), deliverable format, and timeline. The landman confirms county access and provides an estimate.
The landman examines county records — deeds, probates, liens, plat maps, leases, and assignments. Every instrument affecting ownership is documented and analyzed. This is the most time-intensive phase.
Research is compiled into a chronological runsheet showing every conveyance, with curative notes flagging issues. The runsheet becomes the raw material for the title attorney's opinion.
A title attorney reviews the runsheet and renders a formal opinion — either a lease report (for pre-leasing), drilling title opinion (for pre-drill), or division order title opinion (for production). Curative requirements are listed for resolution.
Common questions about title examination.
A full sovereign-to-present search on one section typically takes 1–5 days depending on the complexity of the chain and county record quality. Current owner searches are faster (1–2 days). Large projects with dedicated landman crews can process 10–20 sections per week per person.
A runsheet is the research product — a chronological list of every recorded instrument affecting ownership, prepared by a landman. A title opinion is the legal analysis of that research — prepared by a licensed attorney — that states who owns what and what curative steps are needed. The runsheet feeds the opinion.
Increasingly, yes. Many counties have digitized their records, and experienced landmen can conduct searches remotely. However, some counties still require in-person courthouse visits for complete records, particularly for older instruments. Ask your landman about digital availability in your specific county.
Title defects trigger curative work: drafting corrective instruments (affidavits, ratifications, quit claim deeds), locating missing heirs, resolving probate issues, or clearing liens. The curative process can add days to weeks depending on the severity of the defects. Some defects are simple to clear; others involve locating parties across multiple states.
Not necessarily. Many excellent title landmen are uncertified or hold the RPL designation. However, for high-stakes work (major acquisitions, complex mineral chains, expert witness roles), a CPL provides extra assurance of experience and professionalism. Match the credential level to the project risk.
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