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Curing Land Titles

This course presents that most important function known as curing land titles. The purpose of a title opinion, whether it is for lease acquisition, drilling, division order, security, or production purchase purposes, will control the format of the opinion, the information reported in the opinion, and what title defects lead to title requirements. To get it right, one needs to know exactly what a title opinion is and how and why we have a need to “cure.” In this course we will review and discuss key ideas concerning the drilling title opinion, the supplemental title opinion, the division order title opinion, types of curative instruments including lease amendments, designation or change in depository, amendment of description, extension of primary term, amendment of lease, affidavits including various types such as affidavit of identity, affidavit of heirship and marriage history, affidavit of use and possession, affidavit of adverse possession, affidavit of non-production, affidavit of production, and corroborating affidavit. We will review other curative instruments such as ratification and/or consent to pool, release of oil and gas lease, release of deed of trust or lien, subordination of lien, tax certificates, statement of tenant, quitclaim deed, stipulation of interest, certified or exemplified copies, e.g. power of attorney or divorce decree, and the role of other documents in the curative process.