Introduction to Oil & Gas Law and Oil & Gas Title Examination

About

The first day of this course provides an introduction to oil and gas law with a focus on principles associated with title issues. The second day examines common oil and gas title examination issues. The third day explores the title examination process, followed by practical exercises designed to apply oil and gas principles to address title examination issues, while employing title examination techniques.

This course teaches the law and technique associated with examining title to oil, gas, and other mineral properties. The faculty for this course will include Professor David Pierce, who will be assisted by practicing oil and gas lawyers with specific expertise in title examination.

Cost

  • Cost of the course is $600.
  • Individual days may be taken at a cost of $200 per day.

Each day contains 360 CLE minutes (nine 50-minute CLE hours). One 50-minute ethics hour is available on Thursday, January 10, 2013, and one 50-minute ethics hour on Friday, January 11. No ethics credit is offered during the first day of the program, Wednesday, January 9.

Space is limited. Enrollment will be accepted until the available classroom space is filled.

Schedule

Wednesday, January 9, 2013

Introduction to Mineral Title Examination

  • Session 1 – 8:00-8:15 a.m. – The Mineral Title Examination Process
  • Session 2 – 8:15-8:30 a.m. – Title Opinions

Introduction to Property Rights in Oil & Gas

  • Session 3 – 8:30-8:45 a.m. – Ownership of Land
  • Session 4 – 8:45-9:00 a.m. – "Surface" and "Mineral" Estates
  • Session 5 – 9:00-9:15 a.m. – Implied Easements and the Mineral Estate
  • Session 6 – 9:15-9:30 a.m. – Rules to Account for the Existence of Oil & Gas in a Common Reservoir: Rule of Capture; Correlative Rights; and Conservation Regulation

BREAK – 9:30-9:45 a.m.

  • Session 7 – 9:45-10:00 a.m. – Documents Associated with Oil & Gas: Mineral Deed; Royalty Deed; Oil & Gas Lease; Assignment; Pooling Declaration; Pooling Agreement; Division Order
  • Session 8 – 10:00-10:15 a.m. – Classification of Oil & Gas Interests
  • Session 9 – 10:15-10:30 a.m. – Applying Property Law to Oil & Gas: Adverse Possession vs. Abandonment
  • Session 10 – 10:30-10:45 a.m. – Applying Property Law to Oil & Gas: Conveying Oil & Gas Rights; Gifts Inter Vivos and Testamentary; Intestate Succession
  • Session 11 – 10:45-11:00 a.m. – Applying Property Law to Oil & Gas: Fee Simple Absolute; Defeasible Estates
  • Session 12 – 11:00-11:15 a.m. – Applying Property Law to Oil & Gas: Tenants-in-Common and Joint Tenants

BREAK – 11:15-11:30 a.m.

  • Session 13 – 11:30-11:45 a.m. – Applying Property Law to Oil & Gas: Life Tenant and Remainderman Property Held in Trust or Estate Administration
  • Session 14 – 11:45-Noon – Applying Property Law to Oil & Gas: Kansas Marital Property Laws
  • Session 15 – Noon-12:15 p.m. – Applying Property Law to Oil & Gas: Rule Against Perpetuities
  • Session 16 – 12:15-12:30 p.m. – Applying Property Law to Oil & Gas: Fee Tail; Destructibility of Contingent Remainders; Rule in Shelley's Case; Doctrine of Worthier Title; Preference for Early Vesting

12:30-1:00 p.m. – Lunch provided.

Introduction to the Oil & Gas Lease

  • Session 17 – 1:00-1:15 p.m. – The Oil & Gas Lease: (sample lease form) – Granting Clause; Express Easements ¶¶ 1, 7, 12
  • Session 18 – 1:15-1:30 p.m. – The Oil & Gas Lease: – Title Provisions ¶¶ 1, 10, 11
  • Session 19 – 1:30-1:45 p.m. – The Oil & Gas Lease: – Habendum Clause; Other Duration Provisions ¶¶ 2, 3(c), 4, 6, 9
  • Session 20 – 1:45-2:00 p.m. – The Oil & Gas Lease: – Royalty Clause ¶¶ 3(a) & (b), 10, 11
  • Session 21 – 2:00-2:15 p.m. – The Oil & Gas Lease: – Pooling Clause ¶ 5
  • Session 22 – 2:15-2:30 p.m. – The Oil & Gas Lease: – Assignment Clause; Divisibility Issues ¶ 8

BREAK – 2:30-2:45 p.m.

  • Session 23 – 2:45-3:00 p.m. – The Oil & Gas Lease: – Putting It All Together; The Fractions ¶ 1 & 10, 3, 11, 5
  • Session 24 – 3:00-3:15 p.m. – The Oil & Gas Lease: – Habendum Clause Issues Commencement; Production; Paying Quantities
  • Session 25 – 3:15-3:30 p.m. – The Oil & Gas Lease: – Habendum Clause Issues Operations; Dry Holes; Cessation of Production
  • Session 26 – 3:30-3:45 p.m. – The Oil & Gas Lease: Nonapportionment Doctrine Entireties Clause (¶ 11)

BREAK – 3:45-4:00 p.m.

Mineral Title Problems

  • Session 27 – 4:00-4:15 p.m. – Mineral Title Problems: Rights of a Severed Surface Owner – Rights of a Severed Mineral Interest Owner
  • Session 28 – 4:15-4:30 p.m. – Mineral Title Problems: Meaning of a Conveyance of "All Minerals" – Conveyance of "Oil, Gas, and Other Minerals"
  • Session 29 – 4:30-5:00 p.m. – Mineral Title Problems: "Mineral Interest" or "Royalty Interest"

Thursday, January 10, 2013

Mineral Title Problems (continued)

  • Session 30 – 8:00-8:50 a.m. – Professional Responsibility Session – Model Rules of Professional Conduct, Rule 2.1 Professional Judgment and Legal Drafting Exercise: Conveying Oil & Gas Interests
  • Session 31 – 8:50-9:15 a.m. – Mineral Title Problems: K.S.A. § 79-420 (Recording or Listing for Taxation)
  • Session 32 – 9:15-9:30 a.m. – Mineral Title Problems: K.S.A. § 59-501; Homestead

BREAK – 9:30-9:45 a.m. –

  • Session 33 – 9:45-10:00 a.m. – Mineral Title Problems: City Streets; County Roads
  • Session 34 – 10:00-10:15 a.m. – Mineral Title Problems: – State Highways
  • Session 35 – 10:15-10:30 a.m. – Mineral Title Problems: – Railroad Grants
  • Session 36 – 10:30-10:45 a.m. – Mineral Title Problems: – Streams and Lakes
  • Session 37 – 10:45-11:00 a.m. – Mineral Title Problems: – After-Acquired Title

BREAK – 11:00-11:15 a.m.

  • Session 38 – 11:15-11:30 a.m. – Mineral Title Problems: – Duhig Doctrine
  • Session 39 – 11:30-11:45 a.m. – Mineral Title Problems: – K.S.A. § 55-205 (Affidavit of Production)
  • Session 40 – 11:45-Noon – Mineral Title Problems: Unreleased, Terminated Oil & Gas Leases
  • Session 41 – Noon to 12:30 p.m. – Mineral Title Problems: Mineral Lapse Act

12:30-1:00 p.m. – Lunch provided.

  • Session 42 – 1:00-1:15 p.m. – Mineral Title Problems: Marketable Record Title Act
  • Session 43 – 1:15-1:30 p.m. – Mineral Title Problems: Encumbrances: Mortgages
  • Session 44 – 1:30-1:45 p.m. – Mineral Title Problems: Encumbrances: Taxes
  • Session 45 – 1:45-2:00 p.m. – Mineral Title Problems: Encumbrances: Judgment Liens
  • Session 46 – 2:00-2:30 p.m. – Mineral Title Problems: Encumbrances: Easements

BREAK – 2:30-2:45 p.m.

  • Session 47 – 2:45-3:00 p.m. – Mineral Title Problems: Encumbrances: Farm Leases and Other Tenants
  • Session 48 – 3:00-3:15 p.m. – Mineral Title Problems: Encumbrances: Covenants, Zoning, Other Regulation
  • Session 49 – 3:15-3:30 p.m. – Mineral Title Problems: Conveyances
  • Session 50 – 3:30-3:45 p.m. – Mineral Title Problems: Joint Tenancy, Transfer-On-Death, Life Estates

BREAK – 3:45-4:00 p.m.

  • Session 51 – 4:00-4:15 p.m. – Mineral Title Problems: Intestate Succession and Wills
  • Session 52 – 4:15-4:30 p.m. – Mineral Title Problems: Property Descriptions
  • Session 53 – 4:30-5:00 p.m. – Mineral Title Problems: Title Issues Regarding Public Lands

Friday, January 11, 2013

The Title Examination Process

  • Session 54 – 8:00-8:15 a.m. – Title Examination Process: Function of Title Opinions
  • Session 55 – 8:15-8:30 a.m. – Title Examination Process: Title Opinion Formats
  • Session 56 – 8:30-9:20 a.m. – Professional Responsibility Session – Ethical Issues Regarding Title Examination
  • Session 57 – 9:20-9:30 a.m. – Title Examination Process: Elements of a Title Search

BREAK – 9:30-9:45 a.m. –

  • Session 58 – 9:45-10:00 a.m. – Title Examination Process: Recording Acts: Notice
  • Session 59 – 10:00-10:15 a.m. – Title Examination Process: Records Search
  • Session 60 – 10:15-11:00 a.m. – Title Examination Process: Register of Deeds Office

BREAK – 11:00-11:15 a.m.

  • Session 61 – 11:15-Noon – Title Examination Process: Developing the Chain of Title
  • Session 62 – Noon-12:30 p.m. – Title Examination Process: Curing Title Defects

12:30-1:00 p.m. – Lunch provided.

  • Session 63 – 1:00-2:30 p.m. – Title Examination Process: Practical Exercise 1

BREAK – 2:30-2:45 p.m.

  • Session 64 – 2:45-3:15 p.m. – Title Examination Process: Practical Exercise 1, Discussion
  • Session 65 – 3:15-4:15 p.m. – Title Examination Process: Practical Exercise 2
  • Session 66 – 4:15-4:45 p.m. – Title Examination Process: Practical Exercise 2, Discussion
  • Session 67 – 4:45-5:00 p.m. – Title Examination Process: Ultimate Goal of the Title Examination Process

RECEPTION – 5:00-6:00 p.m.

Washburn University School of Law
Continuing Legal Education
1700 SW College Ave.
Topeka, KS 66621
(785) 670-1105
cle [at] washburnlaw.edu

General Information

Date:
Wednesday, January 9, 2013
  • 8:00 a.m.-5:00 p.m.
Thursday, January 10, 2013
  • 8:00 a.m.-5:00 p.m.
Friday, January 11, 2013
  • 8:00 a.m.-5:00 p.m.
  • 5:00 p.m. - Reception

Location:
Washburn University
School of Law
Room 102
Parking: north, south and east of the law school.
Get Directions and Maps

Registration Fee:
  • $200 per day
  • $600 all three days

Registration Deadline:
Registrations will be accepted until all seats are full. Those attending must pay the fee prior to attendance.

CLE Credit: Accredited by the Kansas and Missouri continuing legal education commissions for 24 CLE hours, including 1 ethics hour on Thursday and 1 ethics hour on Friday.

Cancellations:
If you are unable to attend the program please notify us as soon as possible by contacting Donna Vilander at (785) 670-1105 or donna.vilander [at] washburn.edu.

Assistance for Special Needs:
If you require any special services or auxiliary aids to assist you while attending the program, please contact Donna Vilander at (785) 670-1105.