Title Examination and Curative

For oil and gas companies and other entities with interests in oil, gas and other mineral rights in Montana, ensuring clear title is a crucial early step in the process of extraction. Determining title ownership of underground mineral rights presents a variety of challenges. To mitigate the risk of costly disputes, purchasers and lessees must be as certain as possible that sellers and lessors have the rights they are purporting to transfer.

To this end, parties pursuing acquisition of oil and gas rights must undertake comprehensive title examination efforts. If defects do appear in the record, the parties must pursue appropriate curative measures. Our attorneys have extensive experience with title examinations, and we have represented numerous clients in successfully pursuing a broad range of curative instruments.

Title Examinations for Mineral Property Rights in Montana

We provide comprehensive title examination services for determining ownership of mineral rights throughout Montana. From reviewing title records and abstracts to tracing transfers through probate and other means of inheritance, our attorneys work diligently to ensure that our clients have a clear picture of the lineage of the ownership rights in question. We examine all available sources of evidence to determine whether the seller or lessor has marketable title, or whether curative measures will be necessary.

Curative Measures for Title Defects Relating to Mineral Property Rights

If a seller or lessor does not have marketable title, then it will be necessary to cure any and all defects prior to moving forward with a purchasing or leasing transaction. Depending upon the nature of the defect, there are a variety of potential curative measures available. We assist clients with curing title defects by all available means, including:

• Oil and gas leases, amendments and ratifications
• Stipulations and cross-conveyances of interest
• Affidavits of heirship
• Declarations of pooling
• Joint operating agreements
• Farmout agreements
• Future interest proceeds apportionment agreements
• Probate proceedings
• Quiet title actions
• Salt Water Disposal Leases
• Pipeline Easements and Leases

Legal Representation for Property Owners Facing Title Defect Issues

In addition to representing oil and gas companies and other corporate clients, we also represent Montana property owners who are facing disputes related to mineral rights title defects. If an oil and gas company has suspended payment based upon a claimed title defect, we can determine whether the company’s claim is accurate and whether curative measures are necessary. If there appears to be a defect in your title, we can pursue appropriate curative measures on your behalf. Additionally, if necessary, we can represent you in filing a claim with your title insurance company or in dispute resolution proceedings with a prior owner or other third party.

In all cases, we recommend and pursue solutions that are tailored to our clients’ particular circumstances, and we seek to resolve all issues as quickly and cost-effectively as possible. To speak with one of our Shelby, Montana oil and gas lawyers in confidence, please call or contact us online.

Speak with a Shelby Oil and Gas Lawyer in Confidence

If you would like more information about our title examination and curative services for mineral rights in Montana, we encourage you to get in touch. To schedule an appointment at your convenience, call 406-434-5244, or tell us how we can help online today.