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The Energy & Mineral Law Foundation is sponsoring two separate programs on Abstracting Titles in the Appalachian Basin, with a primary focus on Pennsylvania and West Virginia. The first day on Thursday, March 10 is a basic abstracting course, explaining how you begin the process, the indicies you will need to pull, what records need to be reviewed, interpreting and documenting the records you review, pulling all the information together and finally reviewing a sample title opinion, seeing how your abstracting work is used in a title opinion. For those wanting additional instruction on selected issues, the Friday, March 11 program is "Intermediate Issues in Mineral Titles Examination." This course covers interpretive issues such as the mineral/royalty distinction, Sheriff's sales and other judicial sales, tax sales and probate and intestate succession. The entire afternoon of the second day is devoted to curing problems found during the title examination, including the use of affidavits, Quiet Title actions, declaratory judgments, collateral searches, and Quit Claim deeds. A panel of knowledgeable title attorneys will analyze a series of different title defects, and offer their expertise on the appropriate cure. Registrants may submit written questions in advance for the panel to consider. The EMLF programs on Abstracting Titles in the Appalachian Basin are being held in conjunction with the monthly dinner meeting of the Michael Late Benedum Chapter of the American Association of Professional Landmen. Click here for more information on the March 10 dinner meeting at the Hilton Garden Inn.l Program Schedule March 10 - Basic Abstracting 8:25 a.m. Welcome – Arnold L. Schulberg, Program Chair
8:30-9:00 a.m. Introduction and Overview The opening session provides attendees with an understanding of the purpose of the title examination; the role and function of various title professionals; the title professional standards for the Landman, Abstractor and Title Attorney; and local rules and statutory requirements for the county recorder
9:00-9:45 a.m. Severance of Estates and Western Versus Eastern/Mid-continent Indices This session covers severance of property ownership into different estates: coal, oil, gas and surface; the fugacious nature of natural gas and the Rule of Capture; the “Dunham Rule” in Pennsylvania and how it affects the definition of surface in Pennsylvania. The session will also distinguish between title examination in the Mid-continent and Western states where the search begins with the tract index, and title examination in the Appalachian Basin and other Eastern states where the search begins with the property owner indices.
9:45-10:00 a.m. Break 10:00-11:45 a.m. Instruments and Statutes Transferring Title to Oil and Gas in Place Deeds: This session covers parties, granting language, consideration, sufficient legal description, proper signatures and acknowledgment, proper signatures for different business entities (General Partnerships, Limited Liability Companies, Corporations, Limited Partnerships, DBAs), Trusts, and for Commonwealth or State. Recording is also covered: the purpose of recording, the statutory requirements in West Virginia and Pennsylvania, the UPI Number in Pennsylvania, and Deeds made pursuant to judicial order and tax sales.
Wills, Intestacy, Estates and Trusts: This session covers basic legal requirements for Wills, examples of typical language found in Wills, and how the language operates to transfer title. Intestacy Law in Pennsylvania and West Virginia is covered, along with Anti-lapse Statutes. Estates and Fiduciary Records covers probate and how it affects title to property; what records/ fiduciary records an abstractor should look for when property passes by Will or intestacy; and the significance of an unprobated or open estate. Trust will be defined, along with the basic legal requirements for a Trust.
11:45 a.m. Break Noon-1:00 p.m. Lunch Break in Classroom Presentation: Surveying, Land Descriptions, and Creating Plats
1:00-1:15 p.m. Break 1:15-2:15 p.m. Natural Gas Lease Basics As development of the Marcellus Shale expands, producers continue to lease the rights to develop the shale gas from the oil and gas estate owners. Owner(s) of the oil and gas estate can convey all or a portion of their property interests to another party to explore for and produce natural gas through a lease. The basic gas lease includes various terms which include the granting of the interests, the economics of the lease, and also addresses various operational matters that are part of the development of the gas. This session will address the basic terms of an oil and gas lease, including commonly used addenda items. The session will also cover leasehold chain of title.
2:15-2:45 p.m. Liens and Other Encumbrances This session covers mortgage liens, tax liens, judicial liens, and other encumbrances on the property.
2:45-3:00 p.m. Break 3:00-4:15 p.m. The Mechanics of Title Examination This session covers the scope of the title examination based on the title request, where you begin (map cards and tax assessment information) and how far back you run the title. Also explained are the Indices and how they work; chaining the title to different estates in land, and “adversing” the chain of title – outsales of the subject property, liens found in the record room and recorder’s office, leases, rights of way and other encumbrances. Included will be checking the real property tax records.
4:15-5:00 p.m. Pulling It All Together and Reporting It in a Title Opinion You’ve been to the courthouse, pulled books in the record room, and carefully detailed everything of record (you think) that will affect the land in question. What’s next? This session reviews a sample title opinion, showing how and where the abstracting work you performed appears in the title opinion. This presentation reviews the scope of the examination, identifies ownership of the different estates, shows where and why encumbrances are listed, including outsales, liens, leases, rights of way, and any particular issue in the oil and gas lease which may adversely affect drilling. You will learn how to report the status of property taxes, and see examples of any defects in title which could adversely affect operations.
Program Schedule March 11 - Intermediate Issues in Mineral Title Examination 9:00-9:45 a.m. Interpretive Issues This session covers the distinction between mineral interests and royalty interests; successive exceptions and reservations, co-ownership, and estate classifications. Also discussed will be the differences between Eastern and Mid-continent/Western abstract formats.
9:45-10:30 a.m. Judicial Sales This session covers Sheriff’s Sales, other Judicial Sales, and the impact on liens.
10:30-10:45 a.m. Break 10:45-11:15 a.m. Tax Sales This session covers how to search, what to look for, what to copy, and Pennsylvania title washes. Primary focus is West Virginia and Pennsylvania
11:15 a.m.-Noon Probate and Intestate Succession This session provides a detailed discussion of abstracting estate records and noting deficiencies in existing records.
Noon Lunch 1:15-2:30 p.m. Curative Tools This session covers affidavits, Quiet Title actions, Declaratory Judgments, Collateral Searches, Quit Claim Deeds, and Assignments.
2:30-2:45 p.m. Break 2:45-4:30 p.m. “Cure” Analysis Panel A panel of experts will analyze a variety of title defects encountered in title searches, and offer advice on the appropriate cure. Written questions can be submitted in advance by registrants, and questions from the audience will be welcome. Also discussed will be factors in deciding to waive certain defects, and the risk factors taken into account when a business judgment on waiver is made. Panelists:
Hilton Garden Inn Pittsburgh/Southpointe, 1000 Corporate Drive, Canonsburg, PA 15317 No room block is being held, but ask for the Energy & Mineral Law Foundation rate of $109 standard and $119 suite based on availability. The hotel has 175 guest rooms, so make your reservations early. Call 724.743.5000 for reservations. Registration fee includes all meeting materials on a CD, continental breakfasts, refreshment breaks, and luncheon. Extensive collection of white papers and EMLF-published work related to title opinions and title curative will be available on the CD, along with speaker materials from both programs. Mandatory CLE and Professional Credit Cancellation policy
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