A Landman’s Work Is the Foundation for Accurately Determining Mineral Ownership Under Rights-Of-Way: So, How Should a Landman Search for Roadway Title?

Authors

Rob Davis

Publication Date

10-1-2011

Document Type

Article

Abstract

This Article addresses the many legal and practical issues a landman faces when researching title records to form a complete chain of title for roadways. Because the examining attorney reviews this chain of title to form an opinion, attorneys should understand the research process used by the landman. Further, many attorneys perform stand-up opinions from their own title research at the courthouse. Therefore, to determine whether a chain of title for a roadway is complete, the attorney must understand the title research process. Although the practical issues addressed in this Article apply more to professionals working in the urban area of the Barnett Shale play, the legal principles addressed here are equally applicable to landmen and attorneys working together in rural areas as well. Further, although the concepts discussed here may apply to several types of rights-ofway besides roads, this Article discusses these concepts in the context of roads only. This Article examines the following subjects as practiced in Texas: a brief overview of the title examination process, the process of a "standard title search," and right-of-way mineral ownership law. Further, this Article analyzes each subject to suggest a legal standard, which the Texas courts have not yet articulated, for developing a chain of title that covers mineral ownership of roadways.

DOI

10.37419/TWLR.V18.I1.4

First Page

39

Last Page

84

Recommended Citation

Rob Davis, A Landman’s Work Is the Foundation for Accurately Determining Mineral Ownership Under Rights-Of-Way: So, How Should a Landman Search for Roadway Title?, 18 Tex. Wesleyan L. Rev. 39 (2011).
Available at: https://doi.org/10.37419/TWLR.V18.I1.4