2nd Texas Mineral Title Course

Overview

The Mineral Title Course is designed for lawyers, landmen and other oil and gas professionals who either are in the business of giving title opinions, or who need to understand Texas land title and oil and gas pooling, spacing and other regulations. The course is presented by a series of acknowledged experts in their fields, and comprehensive written materials are included for delegates’ future reference.

Highlights:

Schedule and Faculty

Thursday, May 14

7:30 am

Registration

8:30 am

Welcome, Overview and Introductions

Conference Co-Chairs

• Kerry A. Kilburn, Kilburn Law Firm, PLLC, Houston, Texas
• George A. Snell, Snell Law Firm, Amarillo, Texas

TITLE TO MINERALS

8:35 am

The Nature of the Mineral Estate

Professor Kramer will discuss the qualities of the five components of a mineral interest, and explore the distinguishing factors for title opinion purposes among royalty, non-participating royalty interest, working interest and net revenue interest. He will cover title issues presented by the severance of minerals from the surface ownership, the ownership of fugacious minerals in place, and the nature of an oil and gas lease as a fee simple determinative.

• Bruce M. Kramer, Professor Emeritus, Texas Tech Law School and Of Counsel, McGinnis, Lochridge & Kilgore, L.L.P., Houston, Texas

9:20 am

Where Title Begins – Patents and the Relinquishment Act

You may have wondered, but never really understood, how title to Texas lands has evolved over the 168 years of the state’s existence. This presentation will begin with the birthing of title out of the Sovereign, in this case, the State of Texas, and will continue with discussions concerning Patents, University Land Grants, Public School Lands, Railroad Land Grants, and State Owned Mineral Lands (Relinquishment Act). We will also give a shout out to little known grants for: the improvement of rivers and bayous, construction of roads and canals, construction of the State Capitol, drilling of artesian wells, and the benefit of Texas counties.

• Mark K. Leaverton, Rash Chapman Screiber Leaverton & Morrison, L.L.P., Austin, Texas

10:00 am

Break

ASPECTS OF REAL PROPERTY LAW

10:15 am

Homestead and Probate Law

What is a homestead? Our speaker will discuss establishing a homestead, the possessors of a homestead, the effect of marriage, reservation of a homestead, mineral interest in a homestead, and how a homestead is terminated.

Important aspects of probate for title will also be examined, including testate succession, intestate succession, trusts, probate options, muniments of title, affidavits of heirship, and the recording of foreign wills.

• Jonathan Baughman, McGinnis, Lochridge & Kilgore, LLP, Houston, Texas

11:00 am

Adverse Possession, After-Acquired Title, and the Rule against Perpetuities

This presentation will identify certain title problems associated with rights of parties in possession and will specifically focus on the application of statutes and case law to matters associated with Adverse Possession, After Acquired Title and the Rule against Perpetuities in examining title.

• Scott C. Petry, Donald G. Sinex and Susan Stanton, Zukowski, Bresenham, Sinex & Petry, L.L.P, Houston Texas

11:45 am

Is There Ever a Good Reason Not to Record Promptly?

12:30 pm

Luncheon Address: Title Standards (30 min)

• Allen D. Cummings, Cummings Law Firm, San Antonio, Texas

1:30 pm

Break

CONVEYANCING

2:00 pm

Avoid Voidance – Get the Legal Description Right the First Time

Texas courts void conveyances for insufficient legal descriptions. This presentation will acknowledge the shipwrecks and explain how to draft your descriptions to achieve your purpose.

• Jeffrey L. Allen, Wetsel and Carmichael LLP, Sweetwater, Texas

2:45 pm

Deeds and Assignments

This presentation will focus on the rules a title examiner must follow in interpreting mineral and oil and gas leasehold conveyances encountered during his or her examination. It will highlight frequently-encountered construction difficulties, including those arising from land descriptions, conveyances of fractional mineral and royalty interests, and the various ways in which leasehold interests may be described and conveyed.

• William B. Burford, Hinkle, Hensley, Shanor & Martin L.L.P., Midland, Texas

3:30 pm

Break

3:45 pm

Estoppel by Deed; Estoppel by Duhig—The Indicators and Consequences of Estoppel in Land Titles

The why, what, who, how and when of estoppel in land titles. Analysis of the indicators and effects of estoppel; who benefits from estoppel in the chain of title; and whether the title examiner can presume estoppel and its consequences.

• Terry I. Cross, McClure & Cross LLP, Dallas, Texas

JOINT OPERATING AGREEMENTS

4:30 pm

Title Aspects of the Joint Operating Agreement

A review of the property provisions found in the Operating Agreement and how they may impact title to the lease: a discourse on non-consent and default transfers, lien provisions, restrictions on transfers and partitions, preferential rights, AMIs, lease renewal requirements, and various legal principles that apply.

• H. Martin Gibson, Locke Lord LLP, Austin Texas

5:15 pm

Networking Reception

Friday, May 15

8:00 am

Introduction

FORMAT OF THE TITLE OPINION

8:05 am

You Don’t Know What You Don’t Know

The preparation of a runsheet is as much art as science. We will take a look at what the landman should do to prepare your runsheet, what he is, or isn’t, doing, and how you can obtain a better work product.

• Curtis D. Horne, Percheron LLC, Houston, Texas

ASPECTS OF OIL AND GAS LAW

8:45 am

Surface Access and Use: Stop, Look and Listen Your Way to the Drill Site

This session will consider impediments to surface access and use and how to overcome them, as well as the use and impact of easements, licenses, consents, roads, rivers and other stumbling blocks.

• Rick G. Strange, Cotton Bledsoe Tighe & Dawson, PC, Midland, Texas

9:30 am

Irregular Owners – Unleased, Non-Participating, Unpooled or Uncertain Owners and How To Manage the Issues

This presentation will address minimizing risk at the leasing stage. Why do you need every owner under lease, how do you measure the risk when you cannot get them all, how can you plan to reduce the risk, and what are the practical and legal solutions, if the risk is still too great?

• Richard F. Brown and Jeffery A. McCarn, Brown & Fortunato P.C., Amarillo, Texas

10:15 am

Break

REGULATORY ISSUES

10:30 am

Land and Regulatory Issues Related to Horizontal Wells

How to avoid title disaster from confusing the different kinds of “units” in Texas, a discussion of regulatory, trespass, pooling and retained acreage issues raised by horizontal wells, and potential solutions to the problems landmen and title lawyers confront from horizontal drilling.

• John Hicks, Scott Douglass & McConnico, L.L.P., Austin, Texas

11:15 am

Pooling Issues for the Title Examiner

Who has the right to pool?

• Unleased mineral interests
• NPRI’s & NEMI’s: What are they and why they are important
• The size of the pooled unit
• Does size matter?
• How large a pooled unit can the lessee establish?
• Can a pooled unit once established be enlarged?
• Can a pooled unit once established be reduced in size?
• The effects of improper pooling

• Kerry A. Kilburn, Kilburn Law Firm, Houston, Texas

12:00 pm

Networking Luncheon

PRODUCTION ISSUES

1:00 pm

Are We There Yet? The Start and Finish of an Oil and Gas Lease

This presentation will focus on the beginning of the oil and gas lease, the operations, cessation and production clauses, top leasing, lease termination and other selected provisions.

• Peter E. Hosey, Jackson Walker L.L.P., San Antonio, Texas

1:45 pm

Calculation and Payment of Royalties – Unleased Mineral Owners and Non-ratified Royalty Owners

This presentation will include the proper calculation and payment of royalties for lease wells, and standard and horizontal pooled unit wells where there are unleased mineral owners and/or non-ratified royalty owners. It also covers the applicability of the Texas Division Order Statute to the correct payment of royalties and how receivership leases can impact royalty payments.

• Terry Hogwood, Houston, Texas

2:30 pm

The Ethical Obligations of Lawyers and Landmen: Are They Different?

What does a landman do? How does land work differ from law practice? Our speaker will explore these questions and discuss the ethical obligations of the landman and those of the lawyer. He will discuss the relationship between the lawyer and the landman, covering the giving of legal, as opposed to business, advice, the lawyer dealing with surface issues, and the lawyer dealing with title questions.

• Paul G. Yale, Gray Reed & McGraw P.C., Houston, Texas

3:30 pm

Adjourn

CLE Credits

AAPL Credit

This program has been accredited for 12.25 RL, RPL or CPL recertification credit(s) (CEU), and 0 CPL/ESA, and/or 1 Ethics credit(s) (CEU Ethics), for a total of 13.25 credit(s). (Number of credits accredited or claimed for 100% participation in this educational program)

Sponsorship Opportunities

Networking Luncheon - $2,500 each

• Recognition in the Conference brochure, which will be mailed and/or emailed to several thousand interested counsel and business leaders and will reach many thousands more through web announcements.
• Company/firm logo prominently displayed in the Conference brochure and final program.
• Recognition on the Conference website
• Recognition at the Luncheon
• 1 complimentary registrant at the Conference
• Up to 2 complimentary guests for the luncheon
• An opportunity to display company/firm materials at the event or at the conference.

Hosted Luncheon - $2,500 each

• Recognition in the Conference brochure, which will be mailed and/or emailed to several thousand interested counsel and business leaders and will reach many thousands more through web announcements.
• Company/firm logo prominently displayed in the Conference brochure and final program.
• Recognition on the Conference website
• Recognition at the Luncheon
• 1 complimentary registrant at the Conference
• Up to 2 complimentary guests for the luncheon
• An opportunity to display company/firm materials at the event or at the conference.

Networking Reception - $2,000 each

• Recognition in the Conference brochure, which will be mailed and/or emailed to several thousand interested counsel and business leaders and will reach many thousands more through web announcements.
• Company/firm logo prominently displayed in the Conference brochure and final program.
• Recognition on the Conference website
• Recognition at the Reception
• 1 complimentary registrant at the Conference
• An opportunity to display company/firm materials at the event or at the conference.

Exhibitor (Non-law firms) - $1,500 each

• Space to display company/firm materials at the conference.
• Name/logo on Conference website with link to company page.

For more information about sponsorship opportunities, please contact Lilly Hogarth, IEL Project Manager at lhogarth@cailaw.org or 972.244.3424.

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at the JW Marriott Hotel, 5150 Westheimer Road, Houston, TX 77056. Registrants should call 1.800.228.9290 and advise them they are attending the "Texas Mineral Title Course" to receive a reduced room rate of $179 + occupancy tax. The last day to obtain this special rate is April 29, 2015.

BOOK HOTEL ONLINE

Other Information

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