The Blog

Mysteries in the Title Plant: Lis Pendens, Chattel Mortgages, and Pooling Agreements

  • Team
  • 05/01/2019
  • Legal
You may have heard of a “title plant,” or maybe you call it an abstract plant. If you perform title searches on a regular basis, you probably have an idea what it is. But since they are full of legal documents, there can be an air of ...

AAPL Form 610-2015 Model Joint Operating Agreement – What You Should Know

The AAPL Form 610-2015 Model Form Joint Operating Agreement was released in response to technological and legal changes that have occurred since the form’s last update in 1989. It could take until 2020 for full adoption of the 2015 version ...

How Do Liens Affect Real Estate Sales?

How is a real estate sale affected by a lien on the property? Certain types of liens may have an impact when you sell or when you buy. A thorough title search can uncover any clouds on a title, including various types of liens that have ...

What is an Abstract of Judgment and How Can You Find One Online?

One obstacle to a clean title is an Abstract of Judgment, which is a method of placing a lien on real property to pay a legal judgment. If an individual in a lawsuit receives a financial responsibility, any real property is used as ...

What is the Pugh Clause and How Does it Affect Oil Leases?

If you aren’t careful, a Pugh Clause may be a tripwire for the unaware in an oil or gas lease contract. The Pugh Clause is named for a Louisiana attorney, Lawrence Pugh, who took on Shell Oil in 1947 on behalf of a lessor.

What are Easements and Rights of Way?

It’s a rare piece of property that has no need to allow encroachment of any kind. In most municipalities and counties as well as at the state and federal level, parts of most land parcels must be given over to use by someone other than the ...

Negotiating Oil and Gas Leases: How to Make the Deal

Negotiating oil and gas leases is like many other negotiation activities. Most landowners don't work with oil and gas leases very often while landmen are highly knowledgeable. However, this is a contract negotiation, and both sides must ...

The Duhig Rule: Mineral Rights & Warranty Deeds

One of the more convoluted concepts in mineral rights and warranty deeds is the Duhig Rule. Named for the court case Duhig v. Peavey-Moore Lumber Company, the Duhig Rule was the outcome of a disagreement caused by one party either ...

Color-of-Title Act: What you Need to Know about Color-of-Title Adverse Possession

The Color-of-Title Act (which goes by the impressive legal designation 43 CFR 540, Subpart 254) refers to the right of a person, group, or corporation that has “evidence” purporting to have title to public lands administered by the Bureau ...

What Are Joint Operating Agreements in Oil & Gas?

After oil and gas lease agreements, the Joint Operating Agreement (JOA) is the most common contract used in the industry. JOAs are agreements between two or more entities that spell out who is considered the operator for the exploration ...