Annual Institute on Mineral Law
Abstract
The role of the title examiner in the acquisition of producing properties is two-fold: (1) to insure for the client that the leases underlying producing properties for acquisition are valid and in full force and effect and (2) to determine what contracts, agreements, liabilities or other concerns come with the acquisition of each property. In most instances, the initial point of inquiry involves preparation of an original title opinion or review of prior title opinions with an emphasis on the demands of the title curative process. Both involve risk analysis. In the case of the original title opinion, the examiner must keep in mind the business and risk decisions made by the client as well as those made by the examining attorney and abstractor before and during the drafting of the original title opinion. In drafting a supplemental title opinion, the examiner must determine what curative materials satisfy a title requirement while accommodating the risk decisions made by the client if one or more title requirements cannot be successfully resolved.
Repository Citation
Marino, Anthony C.
(2012)
"Current Developments in Producing Property Acquisitions: The Role of the Title Examiner in Acquisitions & Frequently Encountered Lease Form Provisions,"
Annual Institute on Mineral Law:
Vol. 59, Article 6.
Available at:
http://digitalcommons.law.lsu.edu/mli_proceedings/vol59/iss1/6