Title Examination Series: Recitals and Ancient Documents
RECITALS AND ANCIENT DOCUMENTS I was recently confronted by an uninformed attorney about my lack of reliance on recitals in a document....
Title Examination Series: Exceptions v. Reservations
An exception is not a reservation, but a reservation is an exception. Well, technically they are not the same thing. However, if you...
Title Examination Series: The Rule in Shelley's Case-It Still Matters!
The Rule in Shelley’s case can be oversimplified as, if an instrument creates a life estate in A, with a remainder to A’s heirs (or heirs...
Title Examination Series: Most-Favored-Nations Provisions
A “most-favored-nations” or “favored-nations” provision usually provides that a lessor will be entitled to a matching royalty or bonus to...
Title Examination Series: The Granting Clause
The granting clause in a lease establishes the primary purpose of the lease (the rights being granted, the lands covered, the interest of...
Title Examination Series: Shut-In Royalty Clauses
A shut-in royalty clause provides that a Lessor can pay a royalty for a well that is drilled and capable of production, but for which gas...
Title Examination Series: Drilling-Delay Rental/Paid-Up Provision
The delay rental provision allows the Lessee to extend, through the payment of rentals, the lease from period to period during the...
Title Examination Series:Pugh Clauses/Retained Acreage Provisions/Depth Severances
It surprises me the number of title attorneys who do not really understand Pugh clauses. I often encounter attorneys who mistakenly...
Title Examination Series:Continuous Drilling/Dry Hole/Cessation of Production Provisions
Continuous drilling/operations provisions, dry hole provisions and cessation of production provisions all set out various rights of the...
Title Examination Series: Mother Hubbard/Catch-All Provisions
A Mother Hubbard Provision in a lease is intended to include in the lands covered by the lease any adjacent or contiguous lands in which...