CourthouseDirect.com will hold the 2016 Texas Title Expo on May 19th at the Sheraton Houston Brookhollow. It will bring together all aspects of the industry including landmen, title examiners, title attorneys, abstractors, and real estate professionals for a day of networking and education. To learn more, or register, visit www.TexasTitleExpo.com.
The oil and gas industry relies on many people to provide the chain of title for a piece of land, examine the title’s history for any existing claims, and release the title legally into the hands of the right professionals. Without a properly acquired title, none of what landmen do would be possible.
While most people understand the duties landmen provide, many fail to grasp the variety of professionals involved in the title industry and each of their individual contributions to the successful acquisition of land titles. Here’s an overview of each job involved and what these specialists contribute.
Title Examiner/Field Landman
The title examiner is in charge of preparing the ownership reports as well as any reports for production-related deliverables. These duties can also be taken on by landmen working independently or in the field. He or she examines all land documents available, declares the ownership of the land as well as its mineral resources, and manages many other stipulations—such as whether the land owner currently has unpaid liens or mortgages.
Title examiners often work with landmen to discover new facts about the land and fix title defects. They take in-depth notes (usually on an Excel spreadsheet or a similar program) while investigating the land documents. These are then passed onto the attorney who prepares the final opinion. For a more in-depth explanation of the type of notes a land manager expects the title examiner to take, read these specific details.
Land Managers
The land manager is the top of the chain of command. They supervise landmen, brokers, attorneys, examiners, and more to ensure no details are overlooked when acquiring a title.
The land manager has the power to accept or deny a lease agreement and decide whether land defects are enough to stop the transfer. They communicate with landmen during surveying and oversee the legal end of the transfer. All other title professionals give their information to the land manager before anything gets processed. In a nutshell, the land manager is in charge of a title project.
Title Attorney
Oil and gas title attorneys ensure a title transfer is completely legal. They examine the letters or messages that concern the land, finalize title opinions, and prepare Ownership Reports. The attorneys will decide if landmen need to obtain digital images before the title transfer, and they consult with both parties about the land.
With the help of the title examiner, the attorneys carefully examine the land deeds involved for the presence of any mineral rights, protected land conditions, or other issues that could hinder the production of oil and gas. Attorneys communicate with title insurance companies to find any title defects. A title attorney’s goal is to warn clients of any real-world risks they might encounter with their land.
Abstractor
The oil and gas industry hires company agents or employees to compile abstracts. Abstractors create cards (physical or digital) indexed by survey. These surveys consist of sections, leagues, labors, or fractions of land pertaining to the title transfer
Abstracts are records of relevant conveyances, judicial proceedings, heirship, or other matters concerning the title transfer. Title attorneys will double check the information obtained by the abstractors to guarantee there aren’t any gaps in the timelines or other missing information.
Leasing Agent
The leasing agent is the face of the oil and gas company. When a mineral owner inquires about his or her land, a leasing agent will discuss leasing proposals with them and negotiate a deal.
Leasing agents are usually independent contractors hired to work for an oil company. They are charged with securing the best possible lease. If a company doesn’t hire an independent leasing agent, it will use in-house landmen to do the job. It’s the leasing agent’s job to convince the mineral owner to lease his or her land for oil and gas purposes.
A Changing Title Industry
The title industry is quickly changing and progressing as new technologies become available for investigation and documentation. If you’re an aspiring landman, land manager, or other land professional involved in the title industry, keep up with new information and techniques to ensure your success. The title industry needs many cogs to make its wheels turn, and you could be one of them.
