andrew st. john sr. project manager managing risks associated with title

Andrew St. JohnSr. Project Manager

Managing Risks Associated with Title

• Over 30 years experience in upstream, midstream and downstream land service

• Headquartered in Fort Worth, TX with multiple offices Houston, TX Washington, PA Midland, TX

• Our services include due diligence, leasing, title, curative, and everything in between

• Fee interests• Mortgages• Judgments• Easements• Any other non-fee transfer

What to Run, and How Far Back?

• Surface Estate• Oil and Gas Estate• Coal Estate

What Estates Are of Concern?

• Dunham & Shortt v. Kirkpatrick, 101 Pa 36 (1882)• Rebuttable presumption that a reservation of “minerals” does not

include oil and gas Presumption rebutted by clear and convincing evidence that

parties intended oil and gas to be included• Recently reaffirmed:

Butler v. Charles Power Estate, No. 27 MAP 2012, 2013 Pa. LEXIS 789 (Pa. April 24, 2013)

The Dunham Rule

• Originally passed in 1989 Reserved minerals will be deemed abandoned unless a savings event

occurs within the previous 20 years Abandonment was “automatic” and the minerals would immediately

vest in the surface owner• Act revised in 2006

No longer “automatic” Surface owner must now file an affidavit of abandonment

Ohio Dormant Mineral Act

• WVa-AO 06-01• WVa-AO 2007-01

Traditional title searches performed by “landmen” seems an awful lot like practicing law

Landmen should perform their work under the direct supervision and control of an attorney licensed to practice law in West Virginia

The West Virginia LandmanPracticing Law Without a License Since 1863